When Bishop Sabatini arrived, the aboriginal population comprised approximately seven percent of the population. Accurate figures are not available as there was a native reserve right within city limits and not all of its residents were counted as being indigenous. With increasing pride in native culture, many who could claim kinship with the aboriginal community were returning to experience their heritage. The native population increased to nine percent of the city’s population within ten years.
The indigenous people included those who could claim hereditary rights dating back to the initial natives who settled the region in the 15TH century. These were the Cree-Saulteaux, the Shuswap and the Interior Salish Tribes. Also within the city were groups of Métis from Manitoba, and Inuit who moved south from the Territories.
From Sacred Heart Cathedral, Bishop Sabatini began his mission devoted to creating an active laity. Unfortunately, not too many residents had any interest in his efforts. More than thirty-five percent of the city’s population had no religious affiliation. If the indigenous population was included in that figure, it still meant that more than twenty-five percent of the ‘white population’ didn’t care about God or religion. Roman Catholics were approximately seventeen percent, half of the number of Protestants. Hindu, Muslim, Jewish, Buddhist, Sikh and East Asian religions formed less than four percent of the population.
Bishop Sabatini’s immediate steps included support for the Catholic Women’s League, establishing Chaplaincy at the university, encouraging membership in the Knights of Columbus, supporting the Central Interior Fertility Centre, helping those experiencing marriage difficulties, and inviting the Franciscans and Carmelites to assist in the spiritual needs of the laity.
The Diocese of Kamloops, established in December, 1945, covers approximately 120,000 square kilometers. The borders today are the same as those when Bishop Sabatini assumed leadership. The diocese stretches from the Alberta border to the Strait of Georgia on the Pacific Coast. Whistler, Vernon and the Okanagan Valley are within territory. This diocese is one of five Roman Catholic dioceses in British Columbia. Kamloops, Nelson, Prince George and Victoria all report to the Archdiocese of Vancouver.
There were about 45,000 Catholics in the Diocese of Kamloops when Bishop Sabatini was assigned as its prelate. The clergy included approximately twenty-five priests, and a similar number of religious brothers and sisters. The diocese included forty-six churches in twenty-seven cities, towns or villages. Distances seemed to be forever doubled by the slow winding roads between mountains. No journey approached the speed limit. The weather was completely unpredictable. Snow and sleet could cover the roads when the rest of the province was basking in sunshine.
Bishop Sabatini’s diocese ministered to the aboriginal communities. There were far more tribes within the entire diocese than in the city of Kamloops alone. In Williams Lake, the Sugar Cane and Soda Creek First Nations worshipped at Sacred Heart Church in that area. Fountain and Seton Portage First Nations worshipped at St. John the Baptist parish church in Lillooet. Natives of the Okanagan Reserve attended Mass at St. Theresa and St. Benedict churches in Vernon. St. Joseph on the Reserve Church was built for the Salish First Nation in Kamloops. In Merritt, the First Nations of Quilchena, Coldwater, Douglas Lake and Shulus were welcomed at Sacred Heart Chapel. The Mount Currie First Nation of Pemberton celebrated Mass at St. Francis of Assisi Church. Immaculate Heart of Mary Shrine in Cache Creek welcomed the Big Bear, Bonaparte and Deadman’s Creek First Nations. The First Nation in Enderby worshipped at St. Mary’s. In Barriere, members of the St. John Baptist First Nation worshipped at St. George’s Church. There was also a parish church established for the Chilcotin and Shuswap Tribes of the Cariboo First Nation. In all, there were ten churches or chapels devoted to the spiritual needs of the First Nations. Liturgy included the sweet grass ceremony and expressions of peace not practiced in other parishes. Throughout his ministry, Bishop Sabatini expounded on the indigenous right to not only adequate but to equal health care, education, support for seniors and job opportunities.
After struggling and generating substantial success for seventeen years, Bishop Sabatini retired. After September 2, 1999, the prelate returned to his home in Chicago where he provided for the spiritual needs of a predominantly Latino parish.
Many may still remember his kindness and efforts. Not one Christian person or solitary member of the clergy stands alone as ‘the Church’. “Together we form the Body of Christ on earth.” It is that truth that drove Lawrence Sabatini to the nth degree to satisfy fervent aspirations and unlimited expectations.
His favourite prayer from the martyred Bishop Óscar Romero captured his personal perception of responsibility and achievement.
It helps us, now and then, to step back and take a long view. The Kingdom is not only beyond our efforts, it is even beyond our vision.
We accomplish in our lifetime only a tiny fraction of the
magnificent enterprise that is God’s work. Nothing we do is complete, which is a way of saying that the Kingdom always lies beyond us.
No statement says all that could be said. No prayer fully
expresses our faith. No confession brings perfection. No
pastoral visit brings wholeness. No program accomplishes the Church’s mission. No set of goals and objectives includes everything. This is what we are about.
We plant the seeds that one day will grow. We water seeds already planted, knowing that they hold future promise. We lay foundations that will need further development. We provide yeast that produces far beyond our capabilities. We cannot do everything, and there is a sense of liberation in realizing that. This enables us to do something, and to do it very well. It may be incomplete, but it is a beginning, a step along the way, an opportunity for the Lord’s grace to enter and do the rest.
We may never see the end results, but that is the difference between the master builder and the worker.
We are workers, not master builders; ministers, not messiahs. We are prophets of a future not our own.
2003
GWEN
Life, no matter how much you venerate your Creator or nature, is not always coloured with bright floral displays, flowing wheat fields, meandering streams, majestic mountains and brilliant sunsets. There is also the vulgarity of needless death and blood spent upon the dust of county roads. We may well in life be preoccupied with all of the daily rituals demanding our time to which we respond by designating hours to specific tasks. But time is not ours to decide or to preserve; it is only ours for the giving.
Not by a single moment can you
alter life’s span. (Luke 12)
The events in the paralegal’s office were typical that morning. We can always assert we are overworked, but no one listens. Two trials in the following week demanded more attention than normal.
The call came to us just before 10AM on the morning of Tuesday, August 12, 2003. The voice I could not recall. He sounded very sincere as he asked for our assistance.
Geoffrey was a lawyer from a northern community who represented a First Nation in many of their legal matters. His forte was property and dispute resolution. In my work as a paralegal I always had the greatest respect for such individuals as they always put in ten to twelve hour workdays at least six days per week. They had to be ‘geniuses’ in almost all aspects of all litigation dealing with persons who were not conversant in the reasonable expectations of the white man’s legal process.
He continued with his verse, making it almost near impossible to say ‘no’ to his ultimate request. Finally he stated it emotionally and simply as he could.
There was an accident. “Two are dead and the other driver is in hospital.” That was devastating news. “The first nation may be involved.” Clarification was requested.
After repeating that he had heard and read about our firm’s expertise in civil litigation, he continued. This part of his description was a s
eries of short phrases without a conclusion. There was a head-on collision. One driver seems to have been avoiding pot holes on the concession road. If he wasn’t, there certainly were enough pot holes to prevent any vehicle from remaining on its own side of the road. Because there could be an allegation against the First Nation, Geoffrey felt he might be in a conflict of interest position.
His narrative continued. The driver who crossed the center line was alive and in hospital. He had been drinking before the accident according to the toxicology report at the hospital. There were no charges to that point in time. Geoffrey was rather firm on all of these issues.
Two adults in one car died at the scene. Their daughter, Gwen, is alive. Because he was asked to represent Gwen by an elder on the reserve, he felt he should obtain the best legal representative available to assist her. Responding to his faith, we took the case; and expressed our gratitude.
An hour later, a lawyer in our office called Geoffrey to verify the details. The accident occurred early on the Saturday morning, August 9TH. The rest of the information was confirmed. There was enough, but certainly much more was required.
An investigator was immediately retained to take scene photos and request the police report. Visiting the other driver, the one whom we would be suing, was primary. Getting his sworn statement before anyone else did would definitely be a major coup.
The next morning the adjuster reported by phone after being in touch with the police department. His advice was informative but very alarming.
The surviving child, Gwen, was only seven years old. She was a rear seat passenger in her parents’ car. Her father was driving.
The police attended more than one hour after the accident. They were not called. The lone officer in his cruiser came upon the scene. The two adults in one car were clearly already dead. The morgue was called for them. An ambulance attended for Gwen. Another ambulance arrived for the other driver. The officer was acquainted with that driver because of several prior impaired charges.
The investigator’s further advice painted a tragic picture. The responsible driver did not have insurance. After so many charges, more than likely, no firm would insure the unemployed individual.
All of the participants in the action were residents of the reserve. Gwen was an only child. There was no record of any aunts or uncles in that native community, although the officer was certain he could locate at least one in the adjacent reserve. One of the residents, a woman in her early forties, came to visit the child in the hospital. Gwen was there for two days and left in the accompaniment of that woman. The officer pledged to search for her name.
As to where the drunk driver had been indulging prior to the accident, the police had no idea and had not questioned him relative to any impairment as it seemed to the original officer on scene that the reason for crossing the centre line was the pot holes on the concession road.
Based on the minimal information available in that first week, a statement of claim was issued against that other driver for his negligence. The same document named the estate of Gwen’s father as a defendant for his possible liability. Other litigation was commenced against the First Nation and the government relative to any negligence concerning the failure to maintain the road. At the same time, litigation was instituted against the Motor Vehicle Accident Claims Fund.
The entire venture started to resemble a very costly enterprise considering the limitations in our chance of success and the quantum we could realize. However, there was a child involved, whom none of us knew, who needed our help.
Both the police and the First Nation’s Counsel could not tell us the name of the firm or person who graded the road smooth four days after the accident. That decision basically destroyed evidence. There were no scene photos immediately after the accident, so there could be no objective proof except that of the defendant driver who was not speaking. When the issue was pursued further, there was candidly no idea who could have or would have altered the terrain. Only the First Nation could benefit from such quick action in order to avoid any criticism.
It was presumed that the police force was an arm of the RCMP. About a week into the handling of the litigation, we realized that the officer and the force were operated by the First Nation. Matters, even involving serious charges, normally were handled by the provincial authority. Until the Criminal Code of Canada was violated, the RCMP would not be involved. The other driver still refused to provide a statement, almost as if he had the right to control and limit the investigation.
Proving the other driver’s liability was going to be difficult unless he just folded. If we were able to affirm the impairment that would of course help our cause. However, the alcohol impairment tests were not taken within the statutory three hours for court admission.
The refusal of the driver to provide a statement hindered further enquiries relative to his lack of insurance. Was there any possibility of any coverage? Did he just fail to renew a policy? Was the policy improperly cancelled by an insurance company in mid-term? Was there any inappropriate action by an insurance broker? We did not know. However, he could not produce evidence of insurance and the police were satisfied he had none.
Similarly we were stymied in our attempts to obtain the name of the native resident or the firm where he was drinking excessively prior to the accident.
With his lack of automobile insurance, all venues were becoming bleak. We could not prove the First Nation’s negligence for the lack of road maintenance, nor could we prove that the Chief or any member of the council ordered the subsequent re-grading. Proving any negligence by a host for the excessive alcohol was also extremely remote.
The cost of Gwen’s treatment and rehabilitation was presented as an accident benefits claim on her father’s policy. The claim for the funeral benefits and death benefits were also presented to the same insurance company.
The only venue for claiming general damages, with a maximum of $200,000 was against the Motor Vehicle Accident Claims Fund. The Fund responds only if there is no other valid insurance.
In typical fashion, the Fund fought our right to make the claim and confronted every step we took in the process. We were told that we had to prove that the other driver had no insurance. Once we crossed that hurdle, we had to prove he was totally responsible for the accident. If Gwen’s father was just 1% negligent, then his liability policy would pay the entire claim and there would be no claim against the MVAC Fund for pain and suffering.
If Gwen’s father was not at all liable, then the Fund had a right to deduct, from its potential payment of $200,000, all of the other benefits available to Gwen from all other sources. This became so much of a hypothetical situation as the First Nation provided support and care, the cost of some treatment, and incidental expenses such a daily assistance and transportation. Gwen and her legal representative had the right to claim either the costs of treatment from her father’s insurance company or from the native community. However, the insurance company balked at granting approval if coverage with the reserve was available for the same treatment. The reserve generally would not keep records sufficient for litigation.
As a consequence, the first months of the entire claim were spent fighting the vulgar reality of systems that gave so little concern to the injured child. By Christmas of 2003, we vowed to change the passive attitudes of the government and the reserve. Gwen had to be everyone’s primary interest.
The young child’s injuries were considered ‘serious’. The ambulance had transported her to a hospital off the reserve, and there she stayed for two tearful days. The impacts had forced the front seat back into the child, injuring her arms and legs. The back seat in which she was belted failed to remain structurally sound. Accordingly, she was forced into the back of the front seat as it was thrown towards her. That Gwen was alive was itself almost a miracle.
X-rays confirmed no fractures. However, there was significant facial bruising mainly
across the forehead. Both wrists were inflamed. Her right knee caused excruciating pain. She couldn’t straighten the leg. Once she was told that her parents died, the screams and tears were incessant.
Gwen had no family on which to rely. All homes on the reserve were several acres apart, so that the setting did not provide for familiarity among neighbours. The buildings were rented from the First Nation. What appeared to be mortgage payments were in reality rental fees. Very few were without running water. Electricity was a benefit for all. Most had septic tanks. In that the houses were significantly away from each other, prompted a sense of independence. That could be a benefit as long as one did not require a neighbour’s assistance. The inescapable feeling of being all alone had driven stakes into her heart. She was old enough to realize the consequences of the tragedy.
There was only the one visitor, that woman approximately age forty. Thomas was her surname. She was a single mother with two children: ages thirteen and eleven. Her compassion reflected the common disposition towards others in need. The fact that she was the only one to visit conveyed the perception that the rest were too busy with their own needs.
Thomas provided a separate room for Gwen, a situation that her two children did not appreciate. They had little to call their own, and they were not ready to give up all that they had. Actually it wasn’t much. Gwen’s bedding was no more than an extra sheet. Gwen refused to eat the next morning, and insisted on only drinking warm liquids. Her dental issues had not been addressed. Mrs. Thomas raced to the Council Office that second afternoon with the child. A dental appointment was arranged. That required transportation to an office in the town as there was no dentist on the First Nation. Thomas also requested access to Gwen’s house for her clothing. As a result, the back door was broken to gain access to the girl’s wardrobe. Other goods that could be sold were taken to acquire funds to care for the girl’s needs.
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