IRSRC - Alternative Dispute Resolution

Alternative Dispute Resolution

Notice of Change to the Application Form in the Alternative Dispute Resolution (ADR) Process November 1, 2004

Notice of Changes to Documents in the ADR Process April 1, 2004

Notice of Changes to Documents in the ADR Process December 22, 2003

For potential Ontario Alternative Dispute Resolution applicants

What is Alternative Dispute Resolution?
Alternate Dispute Resolution (ADR) is a voluntary process that offers a timely and out-of-court way to resolve claims of physical abuse, sexual abuse and wrongful confinement¹ suffered at Indian residential schools. As well, it provides health services such as counselling and commemoration.

The government is giving priority to elderly claimants who are 70 years and older and those in failing health in the ADR process.

How can I apply for ADR?
Applications for ADR are available by calling the toll-free Indian Residential Schools Resolution Canada Help Desk at 1-800-816-7293. If you have a lawyer, it is recommended that you contact him or her to advise that you would like to apply for ADR.

Do I need a lawyer?
You may choose whether or not you want a lawyer to represent you throughout the ADR process. The government does recommend that you hire a lawyer given the legal issues involved in applying for and having your claim dealt with in the process.

If claimants are awarded compensation and decide to accept it, they have to sign the Release which gives up their right to sue the government for claims relating to their residential school experience. However, the release does not prevent them from bringing claims of loss of language and culture against the government if the courts later accept these claims.

If claimants do not accept the decision of the decision-maker, they can choose not to sign the Release and instead pursue other options to resolve their claim. In that case, they will not receive compensation through the ADR process.

Whether or not you hire a lawyer to represent you through the entire process, before you receive compensation you will have to meet with a lawyer to receive legal advice on the release. The government pays the lawyer $600 for advising you on the release and for providing you with a Certificate of Independent Legal Advice.

The government will pay a contribution to legal costs of 15 per cent of any successful compensation award for the benefit of former students who have chosen to retain a lawyer to represent them throughout the process. This payment does not reduce the amount of these compensation awards.

How are claims resolved?
The ADR Model Process has two ways to resolve different kinds of residential school claims.

Model A is designed for people with claims for physical abuse with injuries lasting more than six weeks or requiring hospitalization or serious medical treatment and sexual abuse. They can chose to move through the process either individually or as part of a group, but each individual will appear at a private hearing before a decision-maker.

Model B is designed for claims of physical abuse that did not result in injury lasting more than six weeks or requiring hospitalization or serious medical treatments and claims of wrongful confinement.

To be accepted into the ADR Process, claimants have to meet the requirements for the model for which they have applied. Once applications are accepted into a model, these claimants have to prove their claim in order to be compensated.

In Model A and Model B, claimants will appear before a decision-maker who will decide if their claim is valid and what the compensation will be. Hearings are closed to the public and compensation amounts are similar to those paid in court in each province or territory.

Claimants may decide to accept or refuse the decision-maker's final decision. The compensation amount cannot be negotiated or changed.

What health and safety supports are available?
The Resolution Framework is intended to be a safe resolution process. Anyone seeking compensation through ADR or the courts can call a toll-free Crisis Line for assistance 24 hours a day, 7 days a week at 1-866-925-4419. As well, ADR provides independent counselling and personal supports including payment of travel for a family member or friend to attend a hearing.

What is commemoration?
Commemoration is a way of honouring and paying tribute to Indian residential school survivors and acknowledging the experiences of survivors and the larger impacts of the residential schools system.

The federal government works with Aboriginal communities to fund and facilitate various commemorative activities, giving survivors the opportunity to develop and participate in a Group commemoration initiative that is meaningful to them and to share that initiative with family, friends and community.

The Government of Canada will pay tribute to former students and mark the significance of their experiences with a variety of projects including community feasts, healing ceremonies and other appropriate events.

For further information email the Indian Residential Schools Help Desk at info@irsr-rqpi.gc.ca

' wrongful confinement means being kept against your will and alone in a space where both the space and length of time were not appropriate for a child of your age at the time. It does not include a claim for being required to attend a residential school and not being allowed to leave when you wanted.