IRSRC - News Room

Federal representative to lead discussions toward a lasting resolution of the legacy of Indian residential schools

Indian Residential Schools

The Government of Canada is committed to the fair and timely resolution of Indian residential school claims and to implementing the necessary changes to its approach to engender broader reconciliation with Aboriginal people.

The Indian residential school system began in 1870 and the Government of Canada operated nearly every school as a joint venture with various religious organizations. The schools were located in every province and territory except Newfoundland, New Brunswick and Prince Edward Island. A total of 130 schools existed over time, and while most residential schools ceased to operate by the mid-1970s, the last federally-run school in Canada closed in 1996. It is estimated that there are 86,000 people alive today who attended residential schools.

As reinforced by the findings of the Royal Commission on Aboriginal Peoples, many former students suffered physical and sexual abuse while attending residential schools. There are currently 13,600 former students who have filed claims for compensation against the Government. To date, more than 2,300 claims have been resolved through litigation processes and the Government’s Alternate Dispute Resolution process. More than $85 million has been paid to former students who have resolved their claims.

Over the last year, the Government has come to recognize that there are shortcomings in its current resolution approach. As well, advocacy from many sources, most notably from the Assembly of First Nations, has brought into focus the need to recognize the adverse impacts of the Indian residential school experience in addition to resolving individual claims of physical or sexual abuse. The Government acknowledges that a more tangible recognition of the experience of former Indian residential school students is appropriate and necessary if true reconciliation is to be achieved.

Given that many former students are legally represented, it is essential to include their legal counsel in discussions on how to better recognize the Residential Schools experience and how to ensure that healing as well as other educational and commemorative measures can continue to take place. The Government has appointed a Federal Representative to work with legal counsel for former students, as well as with the Assembly of First Nations and legal counsel for Church entities, to develop an agreement for a fair and lasting resolution of the legacy of Indian residential schools.

Political Agreement with the Assembly of First Nations

The Political Agreement signed today between the Government of Canada and the Assembly of First Nations sets out a comprehensive approach toward a fair and lasting resolution of the legacy of Indian residential schools. The Agreement creates a forum in which true transformative change can take place. It also outlines the basis on which the Government of Canada will work with the Assembly of First Nations on issues related to resolution of the Indian residential schools legacy.

Federal Representative

The Honourable Frank Iacobucci has been given a mandate to lead discussions toward a fair and lasting resolution of the legacy of Indian residential schools. Mr. Iacobucci will lead these discussions with legal counsel for former students, the Assembly of First Nations, and legal counsel for involved Church entities.

The Honourable Frank Iacobucci has had a distinguished career in private practice, academia, government and the judiciary. He began his career in 1964 as a lawyer at Dewey, Ballantine, Bushby, Palmer & Wood in New York, where he practiced corporate and securities law. In 1967, he joined the Faculty of Law, University of Toronto, and was a Professor of Law there until 1985. He also served as Vice-President, Internal Affairs at the University of Toronto from 1975 to 1979 and Dean of the Faculty of Law from 1979 to 1983. From 1983 to 1985, he was Vice-President and Provost of the University. In 1985, Mr. Iacobucci was appointed Deputy Minister of Justice and Deputy Attorney General for Canada; in 1988, Chief Justice of the Federal Court of Canada; and in 1991, a Justice of the Supreme Court of Canada.

The Honourable Frank Iacobucci retired from the Supreme Court of Canada in June 2004. In September 2004, Mr. Iacobucci began serving as interim President of the University of Toronto, and will join Torys LLP as Counsel as of July 1, 2005.

Chronology

In 1998, the Government made a Statement of Reconciliation – including an apology to those people who were sexually or physically abused while attending residential schools – and established the Aboriginal Healing Foundation. The Foundation was provided $350 million to fund community-based healing projects focussing on addressing the legacy of Indian residential schools. To date, the Foundation has enabled more than 200,000 individuals to participate in healing initiatives by funding over 1,345 projects. In Budget 2005, the Government committed an additional $40 Million to continue to support the important work of the Aboriginal Healing Foundation.

In June 2001, the Department of Indian Residential Schools Resolution Canada (IRSRC) was created to focus federal efforts to manage and resolve abuse claims and address the legacy left by the schools. In November 2003, the Government launched a National Resolution Framework to provide claimants with options to resolve their claim and ensure that claimants are treated as humanely as possible. This Framework includes a litigation strategy, health supports, a Commemoration Program and an Alternative Dispute Resolution (ADR) process.

The ADR process is a culturally-based and holistic way of providing additional choices to former students seeking compensation for sexual abuse, physical abuse and wrongful confinement. It is a voluntary process that provides former students with a fair, timely and supportive option to settle claims outside of the courts.

The ADR process will continue to operate for those students who have chosen that option to pursue their claims for physical and sexual abuse and wrongful confinement. Participation in the current ADR or litigation processes will not prejudice the ability of former students to take advantage of benefits which may arise from the discussions led by the Federal Representative.

June 8, 2005