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Form 39.082011

BETWEEN:SUPREME COURT OF NOVA SCOTIA

AUBREY PELLEY and DEANNA SMITH

-AND-

Hfx. No. 343536

FEB 1 7 2012PLAINTIFFS

THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a bodycorporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,representing Her Majesty the Queen in right of the Province of NovaScotia

DEFENDANTSProceeding under the Class Proceedings Act, S.N.S 2007, c. 28

Affidavit of Garnet SmithI, Garnet Smith of the city of Rexdale in the Province of Ontario, MAKE OATH

AND SAY THAT:1. I have knowledge deposed to below. Where my knowledge is based oninformation obtained from others, I have so stated below, and I believe that informationto be true.

2. I am providing this affidavit in support of the Plaintiffs' motion to have the withinproposed class proceeding certified as a class proceeding.

3. I was born in Nova Scotia on May 17, 1938. I have three brothers and one sister.

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4. To the best of my recollection, my brothers and my sister and I were removedfrom our family home in Weymouth Falls, Digby County in 1941 by a man who workedfor the Children's Aid Society. We were taken to a farm in Digby County.

5. To the best of the my recollection, my siblings and I stayed at the farm for one ortwo weeks. We were then brought to the Nova Scotia Home for Colored Children.

6. I, and the other boys, slept in a dormitory at the Nova Scotia Home for ColoredChildren. Female staff members Mrs. Jefferson and Mrs. Fowler would come into theboys' dormitory each night to check to see if anyone had wet the bed. Mrs. Jeffersonwould put her hands under my covers to feel if I had wet the bed.

7. The male residents wore nightgowns made out of old potato sacks or flour bags.They did not wear any pants under these nightgowns. I recall on numerous occasionswhen Mrs. Jefferson touched my penis and left her hand there longer than wasnecessary to check for wetness. Sometimes Mrs. Jefferson played around with mypenjs when she did this. These incidents happened almost every night when I wasyounger.

8. Mrs. Jefferson used to sit at the head of the stairs and all of the boys had to passher to get into the boys' dormitory. In those days, the staff used to wear bloomersunderneath their dresses instead of underwear. Mrs. Jefferson had a hole cut in herbloomers and she made the boys kiss her private parts through the hole in her bloomersbefore they were allowed to pass and go into the dormitory.

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9. I recall that there was never enough food to eat and being constantly hungrywhile living at the Nova Scotia Home for Colored Children. Although the Nova ScotiaHome for Colored Children was a farm and it had chickens and livestock, the residentsnever had any eggs, meat or milk. The food was always the same.

10. Defective or stale baked goods were brought to the Nova Scotia Home forColored Children as food for the pigs on the farm. I would sneak out with the pigs atnight and steal some of the pigs' food from the pig swill barrels. Because I was sohungry I would eat the pigs' food.

11. Sometimes I, and the other residents, snuck out in the middle of the night to try toget something to eat. On one occasion, we stole some uncooked Navy beans and atethem raw because we were so hungry. Eating these raw beans caused me to havediarrhea. I received a beating from staff as a result of this incident.

12. Residents were made to work out in the fields, and we would try to stealvegetables from the garden. A few times I got caught stealing, and I received a beatingfrom staff. I was made to put my head between the legs of a farmhand, pull my pantsdown, and receive a beating with a belt or strap on my bare buttocks. I recall Mrs.Jefferson frequently stood and watched these beatings.

13. I witnessed Ms. Jefferson frequently beating other residents and frequentlywatching the farm hands beat other residents as well.

14. The staff made myself and the residents stay outside all day. We were notallowed inside to go to the bathroom. If any of us wet ourselves when we were outside,we would receive a beating from the staff.

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15. I recall being sick for a lot of the time that I was at the Nova Scotia Home forColored Children. I was sick on and off for seven or eight years. I recall spending a lot oftime inside lying in my bed. Despite my frequent health issues, I never saw a doctoronce during the entire time that I resided at the Nova Scotia Home for Colored Children.I was never taken to a hospital once during the entire time that I was at the Nova ScotiaHome for Colored Children.

16. I recall I never had a toothbrush during the entire time that I was at the NovaScotia Home for Colored Children. When I was approximately 19 years old, I hadnumerous cavities and bleeding gums, and I had to have all of my remaining teethremoved. I was diagnosed with a condition called pyorrhea. I have had dentures since Iwas 19 years old.

17. My mother used to come and visit me and my siblings from time to time. Mymother often brought gifts of candy, oranges or clothing. The moment my mother left,her gifts were taken away from me and my siblings. We were never permitted to visitwith our mother in private as one of the staff members always sat in on the visits. Thestaff members always told us not to say anything to our mother. The staff dressed meand my siblings in good clothes for our visits with our mother and made us put our ragsback on as soon as she left.

18. I do not recall being visited by anyone employed by the Children's Aid Societywhile I was a resident of the Home.

19. I left the Home in approximately 1955.

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GARNET SMITH

Maria Del C a r m ~ n Pereyra,aCommissioner, etc ..o.l Toronto, .For Albion Neighbourhood SeN Ices.Expires October28, 2013