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If I Experience Abuse...
The first Indian residential school claim was received in 1990.Over the years, progress has been made in the way of moving claims away from the courts and into alternative forms of resolution that are faster and more compassionate processes for the individual.
Certain claims are more complex than others, and to date, the federal government has been responding to claimants on a case-by-case basis. The Government must review, research and validate each claim before it can negotiate a settlement.
For these reasons, settling claims out of court may still take more time than former students would like. There is no simple answer to the question, "How long will it take to resolve my claim?" However, there are answers to other questions you may have. There are 25 questions and answers listed below to help you better understand the work the Government of Canada is doing to address the legacy of Indian residential schools.
Claims which address the liability of the federal government: the Government will compensate in instances where we would be responsible (in law) for what actually happened.
Recognized causes of action: Allegations that are compensable by the courts. For example, sexual abuse is a recognised cause of action, but loss of language is not.
1. How do I make a claim?
2. How do I collect compensation?
3. How do I contact the Government?
4. How do I tell my experience to the Government?
5. How do I contact other people I went to school with and/or survivor groups?
6. How do I settle with the Government of Canada?
7. How do I receive my money after a settlement has been achieved?
8. How do I find a lawyer?
9. Who is eligible for compensation?
10. What is validation?
11. What compensation is available from the Government?
12. I already spoke of my experience, will I have to tell it again?
13. What other dispute resolution models are available?
14. What does ADR mean? What process is used in ADR? How long does that take? How is it different than going to court? Who do I talk to get into an ADR process?
15. I am an elderly claimant, will I receive compensation soon?
16. Is there compensation for claimants who have died?
17. I was abused, but I have never told anyone – what do I do?
18. Is my claim too old for compensation?
19. What is the Government of Canada's 70 per cent offer to claimants?
20. What has to happen for me to receive the 70 per cent of my compensation?
21. Will the Government compensate for loss of culture and language?
22. If I am terminally ill is there any consideration to settle my claim?
23. If I do not have a lawyer, how can I find all the court decisions that have been handed down on residential school issues to date?
24. What happens to my claim if the person who abused me is dead?
25. My parents were sent to residential schools. Can I file a claim?
How do I:
| Q.1. | Make a claim? |
| A.1. | Former students should 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. |
| Q.2. | Collect compensation? |
| A.2. | Getting to the end of the process where a claimant receives compensation takes time. First, individuals need to contact a lawyer and issue a claim in the appropriate court. Second, once a claim is received, it is then reviewed and researched by all parties. In order to be resolved, the claims must also proceed through a process of validation and resolution in court or through an out-of-court process agreed upon by all parties. The final step of the resolution process is where all parties negotiate the appropriate compensation for the former student. In addition to financial compensation, the settlement addresses issues related to the needs of the individual. Claimants must release and secure Canada against legal responsibility arising out of their experiences at Indian residential schools. This means that claimants who settle with Canada cannot take further legal action against the federal government related to their Indian residential schools experiences. |
| Q.3. | Contact the Government? |
| A.3. | 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 issue a claim. Click here for contacts at the Indigenous Bar Association and the Canadian Bar Association's Lawyer Referral Service. |
| Q.4. | Tell my experience to the Government? |
| A.4. | Former students should contact a lawyer and advise them that they want to issue a claim. Individuals have the chance to tell the Government about their experiences at the school during the resolution process. |
| Q.5. | Contact other people I went to school with and/or survivor groups? |
| A.5. | A number of organizations across the country have information relating to residential schools. Try the following links to find further information as to whether or not there is an organization or group affiliated with your former school. Links |
| Q.6. | Settle with the Government of Canada? |
| A.6. | Individuals should contact a lawyer and issue a claim. Once a claim is reviewed, researched and considered to be eligible for compensation, the individual must go through a resolution process. The final step of the resolution process is where all parties negotiate the appropriate compensation for the former student. In addition to financial compensation, the settlement addresses issues related to the needs of the individual. Claimants must release and secure Canada against legal responsibility arising out of their experiences at Indian residential schools. This means that claimants who settle with Canada cannot take further legal action against the federal government related to their Indian residential schools experiences. |
| Q.7. | Receive my money after a settlement has been achieved? |
| A.7. | After a settlement is achieved, individuals make arrangements with their legal counsel to receive their financial compensation. |
| Q.8. | Find a lawyer? |
| A.8. | Click here for contacts at the Indigenous Bar Association and the Canadian Bar Associations' Lawyer Referral Service. |
| Q.9. | Who is eligible for compensation? |
| A.9. | Former students of Indian residential schools who have claims for which the Government has legal responsibility, are eligible for compensation. For example, recognized causes of action by the court include sexual abuse but exclude loss of language and/or culture. All claims need to be validated before an individual can receive compensation. Please contact a lawyer who can explain your options. |
| Q.10. | What is validation? |
| A.10. | Establishing a clear understanding of a former student's experience assists all parties in resolving these claims and determining the most appropriate compensation for individuals. This includes establishing the facts of what happened to them at the schools they attended and what impacts those experiences had on their lives. There are numerous sources of information which assist the federal government in validating a claim. The following documents are used:
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| Q.11. | What compensation is available from the Government? |
| A.11. | The Government of Canada provides financial compensation to individuals with validated claims. The federal government will compensate individuals 100 per cent where the Government is solely responsible for the claimant's loss. In instances where both the federal government and a church organization were involved in a school, and thus share responsibility for what occurred, the government will offer 70 per cent compensation for validated claims. |
| Q.12. | I already spoke of my experience, will I have to tell it again? |
| A.12. | validationYou may. During , claimants' lawyers may ask individuals to share his or her experience again with a government lawyer and/or a third party fact finder. There are sources of information which assist lawyers in validating a claims such as historical records or criminal investigation records. Government lawyers not only need information on each claimant's residential school experience, but also how this experience has affected your life. |
| Q.13. | What other dispute resolution models are available? |
| A.13. | The Government of Canada is prepared, whenever possible and appropriate, to settle out of court existing lawsuits. To date, there have been over 560 settlements achieved with former students of residential schools. 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. |
| Q.14. | What does ADR mean? What process is used in ADR? How long does that take? How is it different than going to court? Who do I speak with to get into an ADR process? |
| A.14. | Alternative dispute resolution (ADR) are projects that bring former students, the federal government and church organizations (in some instances) together, outside of the courts, to resolve the claims arising from Indian residential schools. Participants in ADR projects develop a framework which outlines how the group will function, deal with redress and address validation issues. The framework agreements create a process for providing healing and reconciliation which is essential for former students who want to find new direction and beginning in their lives. Additionally, ADR is designed to help nurture better relationships among claimants, their families and their communities. |
| Q.15. | I am an elderly claimant, will I receive compensation soon? |
| A.15. | The Government of Canada is working to respond to cases from elderly individuals. As of October 29, 2001, we are offering 70 per cent of agreed-upon compensation to individuals with valid claims for which the Government believes it and the churches are, in law, jointly responsible. Elderly persons who have an Indian residential claim are encouraged to contact their lawyer and ask him or her about the federal government's 70 per cent offer. |
| Q.16. | Is there compensation for claimants who have died? |
| A.16. | It is best to contact a lawyer who can explain the conditions regarding the compensation of a former student who has died. |
| Q.17. | I was abused, but I have never told anyone – what do I do? |
| A.17. | Confronting these issues can be difficult for an individual. We advise that you contact a counsellor, survivor group and/or a lawyer. Link to the Indigenous Bar Association and the Canadian Bar Association's Lawyer Referral Service |
| Q.18. | Is my claim too old for compensation? |
| A.18. | It is best to contact a lawyer who can give you more information about the law in your province or territory and how it may relate to your claim. |
| Q.19. | What is the Government of Canada's 70 per cent offer to claimants? |
| A.19. | In an effort to speed up the settlement of claims with former students, the Government is offering 70 per cent of agreed-upon compensation to victims with validated claims in instances where both the federal government and a church organization were involved in the school. This initiative ensures that claimants' needs and interests are not set aside during the federal government's ongoing negotiations with the church organizations. The Government of Canada will continue to compensate individuals 100 per cent for those claims for which the Government of Canada believes it is solely responsible, in law, for the claimant's loss. |
| Q.20. | What has to happen for me to receive the 70 per cent of my compensation? |
| A.20. | Individuals with claims of recognized causes of action still need to validate their claims before compensation is offered. |
| Q.21. | Will the Government compensate for loss of culture and language? |
| A.21. | The Government of Canada recognizes the importance of community initiatives to support Aboriginal languages and cultures and believes these issues should be dealt with through programs and not through the courts. In the Statement of Reconciliation, the federal government acknowledged 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. In response, the Government of Canada now supports a broad spectrum of initiatives to preserve and advance Aboriginal languages and cultures and spends and estimated $40 million on language and culture programming. |
| Q.22. | If I am terminally ill is there any consideration to settle my claim? |
| A.22. | The Government of Canada is working to respond to cases from terminally ill individuals. As of October 29, 2001, we are offering 70 per cent of agreed-upon compensation to individuals with valid claims for which the Government believes and the churches are, in law, jointly responsible. Terminally ill persons who have an Indian residential claim are encouraged to contact their lawyer and ask him or her about the federal government's 70 per cent offer. |
| Q.23. | If I do not have a lawyer, how can I find all the court decisions that have been handed down on residential school issues to date? |
| A.23. | Visit the Supreme Court of Canada's web site, the British Columbia Court and the Saskatchewan Court to obtain written copies of decisions dealing with the residential schools issues. |
| Q.24. | What happens to my claim if the person who abused me is dead? |
| A.24. | It is best to contact your lawyer who can give you more information about the law in your province or territory. |
| Q.25. | My parents were sent to residential schools. Can I file a claim? |
| A.25. | It is best to contact a lawyer who can give you more information about the law in your province or territory. |
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