IRSRC - Frequently Asked Questions

Prime Minister's office Annoucement of Indian Residential School Resolution

Frequently Asked Questions

What were residential schools and when did they operate?
Why were the schools created and who administered the schools?
How many Aboriginal people attended these schools?
Why are former students suing the Government and church organizations?
Why are the churches involved in the lawsuits?
What is RCAP?
How did Government respond to RCAP? How is the federal government dealing with the legacy of residential schools?
Has the Government consulted with Aboriginal people about residential schools?
Do you hear from former students of residential schools who had a positive experience and believe that it was the right thing to do?
What does 'intergenerational impact' of residential schools mean?
How are communities dealing with the intergenerational effects of the schools?
The federal government provided $350M to the Aboriginal Healing Foundation (AHF). Did the federal government give money for compensation to the AHF? I do not need healing, I only want to be compensated for the damage I suffered.
What are alternative dispute resolution projects?
Will Government consider establishing a public inquiry, truth commission or similar process to address the physical and sexual abuse that took place at Indian residential schools?
What is the Government of Canada's 70% offer to former students?
How are representatives of former students involved in the federal government's negotiations with the church organizations?
Why is the federal government not recognizing claims for loss of culture?
Why doesn't the government just settle the claims rather than going to court?
What is being done today to assist those former students in healing and reconciliation?
Who is the government contact for new claims?
How many settlements have there been to date?
Has the Government of Canada apologized to former residential school students?
How do I access mental health counselling?
I have been named in a lawsuit as someone who has committed abuse. What do I do?

1.Q What were residential schools and when did they operate?

1.A. Residential schools were boarding schools for Aboriginal children between the ages of 5 and 16 years old that operated throughout Canada for well over a century.
The earliest residential schools predated Confederation and were run by church missionaries. After Confederation, the Government of Canada funded residential schools as part of its federal responsibility to provide education to Status Indians.
Over 130 residential schools operated overtime throughout Canada. The schools were located in every province and territory, except Newfoundland, New Brunswick and Prince Edward Island. Of the 130 schools that existed, it is estimated that up to 100 of these schools could be involved in lawsuits.
The Government of Canada operated nearly every school as a "joint venture" with various church organizations. On April 1, 1969, the Government assumed total administrative responsibility for the residential school system, although in many instances church organizations remained actively involved in administering most schools. The majority of these schools ceased to operate by the mid-1970s and the last federally-run residential school in Canada closed in Saskatchewan in 1996.

2.Q. Why were the schools created and who administered the schools?

2.A. The Indian residential school system predates Confederation and, in part, grew out of Canada's missionary experience with various religious organizations.
The federal government began to play a role in the development and administration of this system as early as 1874, mainly to meet legal obligations under the Indian Act, as well as to assist with the integration of Aboriginal people into the broader Canadian society.
Government operated nearly every school as a "joint venture" with various religious organizations until 1969 when the federal government assumed administrative responsibility for the residential school system. In many instances church organizations remained actively involved in operating the schools through contractual arrangements.

3.Q. How many Aboriginal people attended these schools?

3.A. There are an estimated 86,000 former students alive today, based on Statistics Canada's 1991 Aboriginal Peoples Survey. It is difficult to say precisely how many people in total attended Indian residential schools.

4.Q. Why are former students suing the Government and church organizations?

4.A. Nearly thousand former students have filed civil lawsuits which name the Government of Canada and/or religious organizations and individuals who are former employees at the schools.
A majority of the cases involve allegations of sexual and/or physical abuse. The vast majority also allege culture and language loss. The highest concentration of these claims is in Alberta and Saskatchewan.

5.Q. Why are the churches involved in the lawsuits?

5.A. For many years, the Government of Canada and the church organizations were involved in the operation of Indian residential schools. Catholic, Anglican, United and Presbyterian Churches operated the majority of the schools under contract to the federal government. This has been confirmed in two major court decisions which ruled that residential schools were a "joint venture" administered by both the churches and the Government
Where sexual and/or physical abuse has been alleged, a significant majority of individuals (65 per cent) name both the Government of Canada and a church organization as defendants in the lawsuit. In the instances where a former student has not named a church organization in his or her claim, yet there is solid historical and legal evidence to indicate that a church organization or church employee played a role in the alleged abuse that took place, the federal government will take steps to involve the relevant church entity. Accordingly, the federal government has third partied a church organization in approximately 15 per cent of the total caseload to ensure that claims can be properly validated and all the evidence is presented to the courts.
In 2003, the Government of Canada signed agreements with the Presbyterian Church of Canada and the Anglican Church of Canada outlining how each church will participate in sharing the cost of compensating valid claims of sexual and physical abuse.

6.Q. What is RCAP?

6.A. The Royal Commission on Aboriginal Peoples (RCAP) was established in 1991, to investigate the relationship between Aboriginal and non-Aboriginal people in Canada and to propose solutions to identified problems. Four Aboriginal and three non-Aboriginal commissioners were appointed to the Commission.
The Commission held 178 days of public hearings, visited 96 communities, consulted dozens of experts, commissioned scores of research studies and reviewed numerous past inquiries and reports for the final report which was issued in 1996. The RCAP Report contains 440 recommendations which cover a wide range of Aboriginal issues which have long-term and far reaching implications that require cooperative efforts across governments and by all interested parties.
Click here for a copy of the Final RCAP Report.

7.Q. How did Government respond to RCAP? How is the federal government dealing with the legacy of residential schools?

7.A. In 1998, the Government developed an overall policy framework, Gathering Strength, to provide a plan to guide future policy development work on Aboriginal issues. Gathering Strength outlined a four part strategy to address the legacy of residential schools including: Government apology, healing, dispute resolution and litigation strategies.

Apology: The Government of Canada delivered a Statement of Reconciliation to all Aboriginal peoples which included an apology to those people who experienced sexual and/or physical abuse while attending residential schools.

It also stated that the federal government regrets the treatment of Aboriginal people in general. As a country, we are burdened by past actions that resulted in weakening the identity of Aboriginal peoples, suppressing their languages and cultures, and outlawing spiritual practices.

Healing: The Government also provided $350 million to the Aboriginal Healing Foundation – an organization set up at arms-length from the government to provide funding for community-based healing projects.

Dispute Resolution: The Government sponsored nine Exploratory Dialogues across Canada which provided former students, Government and church representatives with the opportunity to sit down and jointly develop solutions to resolve residential schools issues.

In response to the dialogues, the Government established a number of Alternative Dispute Resolution Pilot Projects. At present, nine Alternative Dispute Resolution projects are underway across the country.

Litigation Strategies: In instances were claims proceed to court, lawyers for Indian Residential Schools Resolution Canada represent the interests of the Crown and manage the government's response to the litigation. Where possible, we are working to move as many cases as possible away from the court and into faster and more compassionate processes for the individuals.

In September 2000, the Prime Minister appointed the then Deputy Prime Minister The Right Hon. Herb Gray as the Government's Special Representative to initiate dialogue with the Churches on the issue of the shared cost of financial compensation.

On June 4, 2001, Indian Residential Schools Resolution Canada was created to centralize government resources that are focussed on addressing the legacy of Indian residential schools.

More recently, in August 2002, The Hon. Ralph Goodale was appointed minister responsible for the department.

The Government of Canada announced in December 2002 a Resolution Framework which included an alternative dispute resolution process for individuals and groups, health supports, commemoration and litigation. The Alternative Dispute Resolution process will offer former students a choice regarding how they wish to address their residential school experience.
In 2003, the Government of Canada signed agreements with the Presbyterian Church of Canada and the Anglican Church of Canada outlining how each church will participate in sharing the cost of compensating valid claims of sexual and physical abuse.

8.Q. Has the Government consulted with Aboriginal people about residential schools?

8.A. In 1998 and 1999, the federal government sponsored nine Exploratory Dialogues in locations across Canada including: Kamloops, British Columbia; Nakoda Lodge, Alberta; Regina, Saskatchewan; Winnipeg, Manitoba; Toronto, Ontario; Rankin Inlet, Nunavut; Whitehorse, Yukon; Montreal, Quebec and again in Toronto, Ontario.

Each dialogue involved approximately 50 former students and representatives from Government, churches and Aboriginal organizations and sought to jointly develop solutions to resolving residential schools issues.

The Exploratory Dialogues reached consensus around a number of principles which guide the implementation of a series of pilot projects to test alternative dispute resolution models. Since the dialogues, the federal government has continued to widely consult former students, church and Aboriginal organizations on ways to address the range of issues we confront and to identify the most appropriate processes for resolving legal claims.

The federal government has also been working with Aboriginal organizations such as the Assembly of First Nations and various groups advocating on behalf of abuse survivors to discuss alternative methods of dispute resolution.

9.Q. Do you hear from former students of residential schools who had a positive experience and believe that it was the right thing to do?

9.A. It is important to remember that most people who attended residential schools were not abused. On many occasions, the Government of Canada has heard from former students of residential schools that their residential school experience was a positive one.

It should also be pointed out that nearly all the people who worked at these schools were dedicated individuals working under difficult conditions to educate and care for the Aboriginal children.

Regrettably, approximately 15 per cent of former students have issued claims relating to abuse at residential schools.

10.Q. What does 'intergenerational impact' of residential schools mean?

10.A. The RCAP Report taught us that the legacy left by the residential school system continues to impact Aboriginal communities today. This legacy affects not only those individuals who actually attended these schools, but their families from whom they were separated and their communities with whom they no longer seem to identify.

Intergenerational impact refers to family members being negatively affected by a relative's experience at a residential school. For example, former students have indicated that they find it difficult to express love or communicate with their children due to their experience at a residential school. Also, Aboriginal youth talk about the need to understand their parents' experiences in order to reconcile with them.

11.Q. How are communities dealing with the intergenerational effects of the schools?

11.A. The Aboriginal Healing Foundation supports the development of community-based initiatives focussed on addressing the legacy of Indian residential schools. Community members are encouraged to work to develop community-based, culturally sensitive initiatives to support healing and reconciliation of everyone affected by residential schools.

For example, one community organized a feast which involved all the generations of a family coming together at a sweat lodge for an evening of food and conversation while another community bought land and turned it into a park. Other communities have benefited from the Aboriginal Healing Foundation's funding of community-based healing projects.

12.Q. The federal government provided $350M to the Aboriginal Healing Foundation (AHF). Did the federal government give money for compensation to the AHF? I do not need healing, I only want to be compensated for the damage I suffered.

12.A. The $350 million granted to the Foundation is completely separate from any compensation that is paid in relation to residential school claims.

Individuals who believe they have a legal claim against the federal government and/or church should consult a lawyer. Claimants can proceed to civil court or participate in out-of-court negotiations or a dispute resolution process where available.

The Government has made it a priority to assist in addressing the legacy of abuse at residential schools. To this end, the Aboriginal Healing Foundation was established at arms-length from Government to address the healing needs of families and communities at large. Over the past four years the AHF has provided approximately $209 million to over 1000 community-based healing initiatives across CanadA.

13.Q. What are alternative dispute resolution projects?

13.A. Alternative dispute resolution projects (commonly referred to as ADR projects) move the individual, the church organization and the federal government away from the courts and have them work together to find the most appropriate answers for resolving the claim.

This method resolves claims outside the courtroom and validates each claim in a more efficient, safe and sensitive manner. Where abuse is established, the outcome will include elements of healing and reconciliation as well as monetary compensation.
Since 1999, ten alternative dispute resolution pilot projects have been established to explore various methods of addressing Indian residential school claims away from the courts. Lessons learned from the federal ADR projects have been paramount in creating the new Resolution Framework. The centrepiece of the Resolution Framework is an Alternative Dispute Resolution process for groups and individuals.

14.Q. Will Government consider establishing a public inquiry, truth commission or similar process to address the physical and sexual abuse that took place at Indian residential schools?

14.A. The Government of Canada is looking for the most appropriate initiatives which meet the interests of Canadians.

We considered the potential benefits and drawbacks of a public inquiry and concluded that resources would be better directed to remedial action, such as directing support for healing initiatives funded through the Aboriginal Healing Foundation and developing a framework of alternative approaches and additional tools to resolve disputes and historic grievances.

We have a great deal of information in hand about abuse at residential schools. The 1996 Royal Commission on Aboriginal Peoples raised the profile of the issue and provided the Government with detailed research on the schools. The 1998 and 1999 series of Exploratory Dialogues provided former students, the Government and church representatives with the opportunity to sit down and establish how to move forward to resolve these grievances. The Government continues to research residential schools and to work with former students, the various churches and all Canadians in addressing these concerns.

In our view, alternative dispute resolution enables people to bring closure to issues of abuse and find new directions in their lives by making informed choices about redress, healing and reconciliation.

The Government does not support the establishment of another process, such as a public inquiry, which may delay resolution and closure and delay resolving the legitimate claims of former students.

15.Q. What is the Government of Canada's 70% offer to former students?

15.A. In an effort to speed up the settlement of abuse claims with former students, the Government will offer 70 per cent of agreed-upon compensation for validated claims of abuse in instances where both the federal government and a church organization were involved in the operation of the school. This initiative ensures that claimants' needs and interests are not set aside during the federal government's ongoing discussions with the United Church and the Catholic Church

In 2003, the Government of Canada signed agreements with the Presbyterian Church of Canada and the Anglican Church of Canada outlining how each church will participate in sharing the cost of compensating valid claims of sexual and physical abuse. These agreements ensure that former students who attended residential schools run by the Presbyterian and Anglican churches will receive 100 per cent of agreed-upon compensation for validated claims.
The Government of Canada will compensate individuals 100 per cent where the Government of Canada is found to be solely responsible for the claimants' loss.

16.Q. How are representatives of former students involved in the federal government's negotiations with the church organizations?

16.A. Negotiations are intended to find a way for sharing the payment of compensation rightfully owed to these former Indian residential school students with valid claims against Canada and the churches involving recognized causes of action. Claimants have repeatedly asked that the churches and Canada work together to break this impasse so that settlements can be advanced.

Through our various contacts with the former students, we attempt to keep individuals and groups informed as to the progress being made.

17.Q. Why is the federal government not recognizing claims for loss of culture?

17.A.
The Government's Statement of Reconciliation addresses the historic treatment of Aboriginal people and attitudes which led to the suppression of Aboriginal culture and values noting, "As a country we are burdened by past actions that resulted in weakening the identity of Aboriginal peoples, suppressing their languages and cultures, and outlawing spiritual practices." These are issues which affect all Aboriginal people and not just those individuals who attended residential schools. To this end, the Government is looking for solutions that address the goals and aspirations of all Aboriginal people in rediscovering their traditions and culture.

18.Q. Why doesn't the government just settle the claims rather than going to court?

18.A. The Government of Canada is prepared to settle out of court any lawsuits where it is found the Government has responsibility. Where the facts suggest the case has merit, and where a claim can be validated, the Government works with all parties involved in the claim to reach settlement out of court. To date, there have been more than 1,000 settlements achieved with former students of Indian residential schools.
In the recently announced Resolution Framework, the Government of Canada is offering a comprehensive plan to address Indian residential school issues and the claims by former students.
The cornerstone of the Resolution Framework is an alternative dispute resolution process that provides a fast, safe and supportive environment away from the courts for these individuals seeking compensation for sexual and physical abuse. It will be managed through an application process, followed by the validation of claims at a private hearing before an independent adjudicator.
The Government of Canada is working with those who suffered abuse, church officials and Aboriginal communities to find long-term, comprehensive solutions to these grievances. Residential school grievances are extremely sensitive and complex and the Government is committed to settling valid cases wherever possible rather than going to court. However, where the law is not clear, or an agreement cannot be reached, the parties are forced to use the courts to resolve the claim.

19.Q. What is being done today to assist those former students in healing and reconciliation?

19.A. The Government of Canada set up the Aboriginal Healing Foundation as an arm's-length organization from Government to provide funding for community-based healing projects.

Over the past three years, the Foundation has provided an estimated $209 million to over 1000 community-based healing initiatives across Canada.

As well, in dispute resolution projects, funding is provided to ensure that participants can access emergency counselling to deal with any crises, thus helping to ensure the safety of the participants.

20.Q. Who is the government contact for new claims?

20.A. Individuals may contact us (we accept collect calls) or ask for details through their lawyers.
If you currently reside in the East or Saskatchewan, contact us at 613-996-2686.

If you currently reside in Alberta, B.C. or the North, contact us at 604-775-6400.
For information on making a claim it is advised that former students contact a lawyer and advise them that they want to submit a claim. Click here for contacts at the Indigenous Bar Association and the Canadian Bar Association's Lawyer Referral Service.

21.Q. How many settlements have there been to date?

21.A. To date, there have been more than 1,000 settlements achieved with former students of Indian residential schools. Where the facts suggest the case has merit, and where a claim can be validated, the Government chooses in this instance to work with all parties involved in the claim to reach settlement out of court.

22.Q. Has the Government of Canada apologized to former residential school students?

22.A. Yes. The Government of Canada delivered a Statement of Reconciliation to all Aboriginal peoples which included an apology to those people who experienced sexual and physical abuse while attending Indian residential schools.

Please click here to view the Statement of Reconciliation.

23.Q. How do I access mental health counselling?

23.A. Contact your local Health Canada Office to see whether they provide support and counselling services in your areA.

24.Q. I have been named in a lawsuit as someone who has committed abuse. What do I do?

24.A. Either contact your former employer or a lawyer for advice on what to do. Click here for contacts at the Indigenous Bar Association and the Canadian Bar Association's Lawyer Referral Service.