Form 39.

08
2011
BETWEEN:
SUPREME COURT OF NOVA SCOTI
AUBREY PELLEY and DEANNA SMITH
PLAINTIFFS
-AND-
THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a body
corporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,
representing Her Majesty the Queen in right of the Province of Nova
Scotia
DEFENDANTS
Proceeding under the Class Proceedings Act, S.N.S 2007, c. 28
Affidavit of Harriet Johnson
I, Harriet_ Johnson, of the city of Montreal, in the Province of Quebec MAKE
OATH AND SAY THAT:
1. I have knowledge of the matters deposed to below. Where my knowledge is
based on information obtained from others, I have so stated below, and I believe that
information to be true.
2. I am providing this affidavit in support of the Plaintiffs' motion to have the within
proposed class proceeding certified as a class proceeding.
3. I was born in Nova Scotia on March 13, 1969. I have never met my father and
only met my mother later in life.
4. I was raised from birth by my grandparents in New Glasgow. They were also
raising my cousin Russell. After my grandmother passed away in 1976, my grandfather
became an alcoholic. We did not have enough food. In 1977 or 1978, Russell and I
became wards of the Province of Nova Scotia.
5. In 1977 or 1978, a child care worker came to my grandfather's home in New
Glasgow. I recall that she was a short, white woman. She walked with a limp and drove
a four-door car. She told Russell and I that we were going to get ice cream and asked
us to get in the back seat of her car. We did so. She proceeded to drive us from New
Glasgow to Dartmouth.
6. When we got to Dartmouth, I recall us being driven up a long driveway. On the
left was a very large building, which I would learn was the Nova Scotia Home for
Colored Children. Russell and I were told to get out of the car. The child care worker got
out of the car as well. She introduced us to a lady from the Home, who told us that this
was where we would be living. I was very upset.
7. When the staff person took us to her room, the child care worker got back in her
car and drove away. This would be the last time I ever saw my child care worker at the
Home.
8. As I was taken to my room, my immediate impression of the Home was one of
disgust. Everything was filthy. The floors and windows were extremely dirty. The clothes
worn by the other children were old and torn. I would quickly learn that many of the
residents suffered from head lice.
9. The room I was taken to was up one flight of stairs. The room was mainly bare.
My bed consisted of a thin mattress sitting on top a rickety metal bed frame. Bed sheets
were folded at the foot of the bare mattress when I arrived.
10. I recalling meeting other residents for the first time. I recall that they stunk. Their
clothes were stain-covered. I was scared and did not like being there. Things only got
worse.
11. Within my first week I wet my bed. It was an accident. When staff discovered this
accident, I was beaten with a belt.
12. I was the victim of, and observed, many beatings by staff during my time at the
Home. Some beatings appeared to be for no reason at all. Other beatings would take
place to "punish" myself and others for such trivial things like: (1) accidentally wetting
the bed, (2) saying the word "bloody", (3) eating dinner too slowly and/or not bringing
our plates to the front fast enough, (4) playing outside without permission, (5) not
speaking respectfully enough to staff.
13. The residents were required to have our hands behind our backs when speaking
to staff. If this was not done, or if the tone or content of the conversation was deemed
not sufficiently respectful (as it often was), we would be beaten. I have received many
such beatings for this arbitrary reason.
14. The staff would strike me with straps, rulers, belts, switches straight off trees
and/or wooden paddles. I received these beatings at least twice a week during the
entirety of my stay at the Home.
15. I still have a scar above my left eye from one beating I received from a male staff
member named Clinton Thomas. The cut on my eye would not stop bleeding.
Eventually, after a long period of time, I was taken to the Hospital by Clinton Thomas.
The doctors were told that I hurt myself running into something. This was a lie. I
received numerous stitches at the Hospital.
15. During the winter months, it was extremely cold inside the Home. It was so cold
that I do not believe they used heat. I spent many nights lying in my bed, under my
sheets, shivering excessively. To survive on these cold nights, residents would be
forced to share beds for body heat. Together under the blankets, we would nonetheless
still be shivering as we fell asleep.
16. There was no recreation at the Home. There was nothing to do. We were always
very bored. I recall one occasion when the toilet on the bottom floor of the Home
flooded. Urine, feces and water spilt onto the ground. It stunk. As there was very little
heat at the Home, it soon froze over. The residents felt fortunate to have something to
do. We put on our sneakers and all went to area where we enjoyed an afternoon of
"skating" on a large pool of frozen urine and feces.
17. Most of the staff at the Home were verbally cruel. The black residents were
regularly called "niggers". The white residents were called "honkys" or "crackers". They
staff attacked our self esteem by regularly telling us that we would never amount to
anything, that we would not succeed in life and that we were good for nothing.
18. A male staff member named Georgie Williams was very friendly with young girls
at the Home. I recall at an early age that he would always greet me with a hug. Each
time he hugged me, he would also kiss me on the lips. This occurred with such
repetition that a white female staff member, whose name I cannot recall, pulled me into
an office and told me to stop kissing Georgie Williams on the lips. I told this staff
member that Georgie Williams was forcing these kisses on me but I was not believed.
Georgie Williams continued to kiss me on the lips publically after this.
19. Georgie Williams, and some other male staff, would often withhold allowances
from the girls unless we gave them a kiss on the lips.
20. During evening rounds, staff members Georgie Williams and Herbie Desmond
would enter my bedroom and close the door. They would sit by my bed, place their
hands under the sheets and rub my breasts and buttocks. This occurred every night
they were on duty.
21. One afternoon I went for a drive with Georgie Williams. We were in a white car
with a white leather interior. I do not recall where we had planned on going. He drove us
around the entirety of the Graham Creighton Junior High School. There was no one
present. He then drove to the back of the school and parked his car. He told me to get
into the back seat. I did so. When I was in the back seat, he moved the front seats up.
He got out of the car and joined me in the back seat.
22. When both of us were in the back seat, Georgie Williams pushed me to the
ground. He pressed on my back as he pulled down my pants and underwear. He then
raped me from behind. For a very long time he penetrated by vagina and anus, going
back and forth between each. I recall that he had one hand on both butt cheeks and that
he forcibly spread them apart as he raped me. I was in an incredible amount of pain. I
screamed and screamed. I begged and yelled at the top of my lungs for him to stop. He
did not. I was soon covered in my own blood but he continued. He continued to rape me
while I was pinned to the ground on my stomach until he eventually ejaculated. I was
not older than eleven when I was raped in this fashion by Georgie Williams. This was
my first sexual encounter. I was a virgin before this rape.
23. After Georgie Williams ejaculated and stopped raping me, he told me to pull up
my underwear and pants and return to the front seat. I was bleeding from my vagina
and anus. There was blood everywhere. In shock, I did as I was told and returned to the
front seat. Georgie Williams warned me not to say anything about what happened to
anyone. When he drove me back to the Home, he told me to go straight to my room and
stay there for the entire night. I was still bleeding so I did as I was told. I was scared of
him. I did not tell anyone about what he did to me.
24. On a later occasion, Georgie Williams drove me in the Home's blue van to his
friend's apartment in Halifax. I recall us walking to an upstairs apartment. His friend was
not home. Georgie Williams sat on the couch and took off his pants. He asked me to
come over. I refused. I wanted to leave. Georgie Williams persisted however. Eventually
I sat next to him on the couch. He asked me to perform oral sex on him. When I refused,
he grabbed my head and forced it down and forced his penis into my mouth. He kept his
hand on the back of my head as he forced me to perform oral sex on him.
25. I am certain that both of the incidents described above in paragraphs 21 to 24
happened before I reached the age of thirteen. I know I was not older then the age of
twelve when these assaults occurred because I recall celebrating my thirteenth birthday
at the home of my best friend Nancy. The vicious sexual assaults described in the
paragraphs immediately above had already long taken place.
26. There was a young boy named David T. who lived with me at the Home. He was
severely mentally handicapped and had difficulty communicating. I got along well with
David and tried to treat him well. Staff at the Home treated David T. like an animal.
27. On one occasion, I walked into David's room and saw Georgie Williams touching
David's penis. I observed Georgie Williams take David's hand and place it on his penis.
I closed the door and went upstairs. Later on, I saw David come upstairs. He was crying
and scratching and rubbing his rectal area. He repeated on numerous occasions to no
one in particular, "You hurt me, I'm going to tell on you". I saw another staff member
take David into an office. I do not know what came of that meeting but Georgie Williams
continued to regularly interact with David afterwards.
28. On another occasion, I wanted to play basketball with David. I opened his door to
try to find him and saw him in the room with Herbie Desmond. I saw Herbie Desmond
touch David's penis. As I closed the door, I heard Herbie Desmond tell David to touch
his penis too. The details of this scene are so vivid in my mind that I recall the pants
David was wearing to this day: tan-colored corduroys. Later I saw David rubbing and
scratching his rectal area, again repeating "you hurt me".
29. I witnessed staff members Herbie Desmond and Veronica Marsmen have sex
with each other in the room of a resident while they were on duty. I walked into the room
and saw Veronica Marsmen's breasts. She saw me right before I closed the door and
ran. We did not talk about what I had witnessed but immediately after this incident I lost
my allowance for two weeks. I knew that this was punishment for what I had mistakenly
seen.
30. After suffering and witnessing many years of physical, emotional and sexual
abuse by staff at the Home, I ran away at the age of fourteen. I made it to Halifax. I had
not been gone long when Georgie Williams tracked me down in the Home's van.
31. I told Georgie Williams that I did not want to return to the Home. He told me that I
did not have to return if I did not want to. He said that I had a choice: return to the
abusive environment of the Home or make money on my own. He told me that if I had
sex with people, I would not have to return to the Home. He said that no one would
have to know. I was too young to know at that time that he was soliciting me into
prostitution. I did not know what prostitution was. Terrified of returning to the Home, I
agreed to have sex with people as suggested by Georgie Williams.
32. In the Home's van, Georgie Williams drove me to his friend's house in Mulgrave
Park. His friend's name was Dicky Carvery. He told me that I would stay there and that
he would give me anything I needed. He introduced me to five other girls living at the
home. Georgie Williams told me to start going by the name "Candice".
33. The five other girls and I were all Georgie's girls. He provided us with condoms.
We were made to work the streets as prostitutes day and night. My strip was by Scotia
Square Mall. Georgie Williams would visit the house two or three times a week. He
would come to pick up the money we made. Dicky Carvery would call Georgie Williams
every night to report how much money we brought in. This money would all go to
Georgie Williams. Georgie Williams started referring to me as his "number 1 bitch".
34. If I did not bring home enough money, Georgie Williams would beat me. I was
beaten by him so severely one time that I could not open my blackened, swollen eyes
for several days.
35. I worked as a prostitute, with Georgie Williams as my "pimp", from the age of
fourteen to sixteen. During these years I was a ward of the Province. I was supposed to
have been residing at the Home but instead was virtually imprisoned by Georgie
Williams for two years with other prostitutes in a house in Halifax. I wonder why the child
care worker assigned to me never visited me at the Home when I was there, and
seemingly never looked for me during the two years I was not there. I believe that they
did not look for me or ask questions about me because they did not know I was missing.
They did not know I was missing because they never came to visit me as I believe they
should have been required to do.
36. During all my years at the Home, I never saw or heard of any child care worker
visiting any resident at the Home. We would only see them briefly as they dropped off
other children before leaving.
37. When I was approximately sixteen, a travelling circus came to Halifax. I saw this
as my way of escaping from Georgie Williams. I joined up with the circus and they took
me to Moncton. I was finally able to stop prostituting for Georgie Williams.
MY ROLE AS REPRESENTATIVE PLAINTIFF
38. I am prepared to act as a representative plaintiff in this action if it is certified as a
class action.
39. My lawyers have explained to me=that the major steps in a class action are
generally as follows:
(a) the action is started by the issuance of the statement of claim;
(b) the court is asked to certify the action as a class proceeding in a motion
for certification;
(c) if the court certifies the action as a class proceeding, notice of the
certification order will be given to Class Members who are given the
opportunity to opt-out of the class action within a fixed period;
(d) discovery of documents (listing and production of relevant documents);
(e) examination for discovery (lawyers asking me questions);
(f) pre-trial conferences (where a judge may help the parties explore the
possibility of settlement);
(g) trial of the common issues;
(h) notice to the class if individual participation is required;
(i) determination of individual issues, if required (I understand that who gets
how much may be decided at this stage);
Q) distribution of proceeds of resolution by way of judgment or settlement;
(k) appeals (at various stages); and
(I) settlement (at any time).
40. My lawyers have also explained to me that, in agreeing to seek and accept an
appointment by the Court as a representative plaintiff, it is my responsibility, among
other things:
(a) to become familiar with the issues to be decided by the Court;
(b) to review, as requested, the statement of claim and any amendments;
(c) to assist in the preparation and execution of an affidavit in support of the
motion for certification;
(d) to attend if necessary, with my counsel to be cross-examined on my
affidavit;
(e) to attend, if necessary, with my counsel for an examination for discovery
where I will be asked questions;
(f) to assist, if necessary in the preparation and execution of a list of
documents (listing relevant documents I have);
(g) to attend, if necessary, with counsel at the trial and give evidence
regarding the case;
(h) to receive briefings from class counsel from time to time;
(i) to provide instructions to class counsel with respect to the prosecution of
this action and to instruct counsel with respect to any settlement initiatives
that may arise;
0) to express my opinion to my counsel and to the court if settlement
positions are to be formulated; and
(k) to assist in the preparation of and sign an affidavit in support of court
approval of any settlement.
41. I accept these responsibilities.
42. To date I have taken the following steps and others to fairly and adequately
represent the interests of the Class Members:
(a) I retained the law firm of Wagners to be my counsel;
(b) I have reviewed the Statement of Claim;
(c) I communicated with members ofWagners on a number of occasions; and
(d) I provided information for the drafting of this affidavit.
43. I intend to take the following steps to continue to fairly and adequately represent
the interests of the Class Members:
(a) to interact with other Class Members receive their input and generally act
as a filter for information for class counsel;
(b) to instruct class counsel; and
(c) to participate, as required, in the activities described in paragraph 34 & 35
above.
44. I am not aware of any conflict of interest between myself and any members of the
proposed class. I believe that I can fairly and adequately represent the interests of the
proposed class and I am committed to fulfilling my responsibilities. I have no special
relationship with the Defendants.
45. The basis of my personal claim and the reasons that similar circumstances exist
for the rest of the Class Members are set out herein, and in my Statement of Claim. My
awareness of my responsibilities as a representative plaintiff and my willingness to
undertake this role are described above. I know of no fact material to the certification
motion that has not been disclosed.

SWORN TO at . in the
Province of this
V""N day of
A.D., 2012 before me: