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Home Research Projects Institutional Child Abuse Publications Final Report

Research Projects

Institutional Child Abuse

Publications

Final Report

Restoring Dignity

Responding to Child Abuse in Canadian Institutions

An Executive Summary of this Report is available under separate cover (ISBN: 0-662-64474-3 and CAT: JL2-7/2000-1)

This Report is available in French: La dignité retrouvée : La réparation des sévices infligés aux enfants dans les établissements canadiens (ISBN: 0-662-83999-4 & CAT: JL2-7/2000-2F)

The Law Commission of Canada has also produced a video to accompany this Report: Just Children (ISBN: 0-662-28386-4 & CAT: JL2-8/2000E for video) -- Running time: 24 minutes

The Report and an Executive Summary are also available online at <http://www.lcc.gc.ca>

ISBN: 0-662-28154-3

CAT: JL2-7/2000-2E

March 13, 2000

The Honourable A. Anne McLellan,

Minister of Justice,

Justice Building,

Wellington Street,

Ottawa,

K1A 0H8

Dear Minister,

Pursuant to your request under section 5(1)(b) of the Law Commission of Canada Act, and in accordance with section 5(1)(c) of that Act, we are pleased to submit the Report of the Law Commission of Canada on processes for dealing with institutional child abuse.

Yours sincerely,

Roderick A. Macdonald, President		Nathalie Des Rosiers, Vice president
Gwen Boniface, Commissioner	Stephen Owen, Commissioner	Alan Buchanan, Commissioner

Summary of Contents

Preface

Acknowledgements

Part I -- Issues

A. Why a Report on Institutional Child Abuse?

B. What Children Experienced

C. Residential Schools for Aboriginal Children

D. Needs Identified

Part II -- Responses

A. Criteria of Assessment, Approaches to Redress and Guiding Principles

B. The Criminal Justice Process

C. Civil Actions

D. Criminal Injuries Compensation Programs

E. Ex Gratia Payments

F. Ombudsman Offices

G. Children's Advocates and Commissions

H. Public Inquiries

I. Truth Commissions and Similar Processes to Address Systemic Human Rights Abuses

J. Community Initiatives

K. Redress Programs

L. Maintaining A Diversity of Approaches to Providing Redress

Part III -- Commitments

A. Prevention

B. Reflections

Recommendations

Appendix A: Minister's Letter

Appendix B: Bibliography

Letter of Transmittal

Summary of Contents

Table of Contents

Preface

Acknowledgements

Part I -- Issues

A. Why a Report on Institutional Child Abuse?

1. The Question From the Minister of Justice

2. Why Do We Have Institutions for Children?

3. Why Did Abuse Occur in Institutions for Children?

4. Why Institutional Child Abuse is an Important Issue Today

5. How the Commission Responded to the Minister's Question

6. The Commission's Research Program

7. Outline of This Report

8. Learning From the Past

Endnotes

B. What Children Experienced

1. Why Children are in Institutions

2. Life in a Total Institution

a. Disconnection

b. Degradation

c. Powerlessness

3. Types of Total Institutions for Children

a. Goals of total institutions

b. Resistance

4. Types of Abuse Suffered

a. Physical abuse

b. Sexual abuse

c. Other types of abuse

5. The Effects of Child Sexual and Physical Abuse on Adult Survivors

Endnotes

C. Residential Schools for Aboriginal Children

1. A Brief Historical Background

a. Chronology of the residential school system

b. Official policy governing the residential school system

2. The Experience of Residential Schools

a. The experiences of children

b. The experience of families and communities

3. The Legacy of Residential Schools

Endnotes

D. Needs Identified

1. Values

a. Respect and engagement

b. Information and support

2. Needs of Survivors

a. Establishing an historical record; remembrance

b. Acknowledgement

c. Apology

d. Accountability

e. Access to therapy or counselling

f. Access to education or training

g. Financial compensation

h. Prevention and public awareness

3. Needs of Families

4. Needs of Communities

5. Particular Needs of Aboriginal Communities and Peoples

6. Societal Needs: Prevention and Public Education

Endnotes

Part II -- Responses

A. Criteria of Assessment, Approaches to Redress and Guiding Principles

1. Criteria for Assessing Redress Processes

2. Approaches to Redress

3. Guiding Principles

4. Organisation of this Part of the Report

B. The Criminal Justice Process

1. Introduction

2. Description

a. Complaints and investigations

b. Pre-trial processes

c. The trial

d. Sentencing

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

C. Civil Actions

1. Introduction

2. Description

a. Wrongful conduct

b. Who may sue?

c. Group actions and class actions

d. Who may be sued?

e. How long after abuse can one sue?

f. The process

g. Remedies

h. Settlements and alternative dispute resolution

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and nations

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

D. Criminal Injuries Compensation Programs

1. Introduction

2. Description

a. Underlying principles

b. Eligibility criteria

c. Application process

d. Benefits available

e. Limitation periods

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

E. Ex Gratia Payments

1. Introduction

2. Description

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

F. Ombudsman Offices

1. Introduction

2. Description

a. Triggering an ombudsman investigation

b. Jurisdiction and authority to investigate

c. Investigatory powers

d. Power to report and recommend action

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

G. Children's Advocates and Commissions

1. Introduction

2. Description

a. Informing and advocating

b. -Helping to resolve problems and investigating complaints

c. Making recommendations

d. Conducting research and public education

3. Assessment

a. Informing and advocating

b. Helping to resolve problems and investigatingcomplaints

c. Making recommendations

d. Conducting research and public education

4. Conclusion

Recommendations

Endnotes

H. Public Inquiries

1. Introduction

2. Description

a. Mandate

b. Procedures

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgement, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

I. Truth Commissions and Similar Processes to Address Systemic Human Rights Abuses

1. Introduction

2. Description

a. The establishment of truth commissions

b. Mandate and powers of truth commissions

c. Structure and process of truth commissions

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgment, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

J. Community Initiatives

1. Introduction

2. Description

a. Initiatives based in non-Aboriginal communities

b. Initiatives based in Aboriginal communities

c. Funds and programs committed to helping survivors of abuse

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgement, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

K. Redress Programs

1. Introduction

2. Description

a. Input

b. Beneficiaries

c. Harms

d. Redress

e. Validation

f. Outreach

g. Duration

h. Administration

3. Assessment

Overview

a. Respect, engagement and informed choice

b. Fact-finding

c. Accountability

d. Fairness

e. Acknowledgement, apology and reconciliation

f. Compensation, counselling and education

g. Needs of families, communities and peoples

h. Prevention and public education

4. Conclusion

Recommendations

Endnotes

L. Maintaining A Diversity of Approaches to Providing Redress

Part III -- Commitments

A. Prevention

1. The Information Base

2. Frameworks and Strategies for Preventing Institutional Child Abuse

a. Values and principles

b. Proactive responses

c. Reactive responses

Recommendations

Endnotes

B. Reflections

1. The Recommended Approaches

2. Situating Responses to Institutional Child Abuse: Redress and Prevention

3. A Continuing Agenda of Law Reform

Recommendations

Appendix A: Minister's Letter

Appendix B: Bibliography