IRSRC - News Room

Review of Indian Residential Schools Dispute Resolution Projects

In 1999, the Government of Canada authorized the establishment of up to 12 alternative dispute resolution pilot projects. The purpose of the pilots was to use them as learning tools to explore various approaches to resolving litigation arising from the Indian residential school system.

Alternative dispute resolution projects move former students, the federal government and church organizations away from the courts and have the parties work together to build a process for resolving claims of sexual and physical abuse at Indian residential schools.

The projects provide information on how to effectively validate and resolve an unprecedented volume of exceptionally complex and sensitive abuse claims in the context of a broad governmental commitment to partnership and healing.

As part of the evaluation process, the Government commissioned this review in December 2001 with four objectives: i) to measure accomplishments in the projects against the purpose, objectives and mandate established for the projects; ii) to determine lessons learned from the projects; iii) to strengthen relationships with key stakeholders in the projects by engaging them in an assessment dialogue; and iv) to produce an independent review of the projects.

Kaufman, Thomas and Associates was contracted to carry out the work. The evaluation was designed and implemented by Deborah Corber and included interviews with federal officials, survivor representatives and other Aboriginal stakeholders, church representatives, legal counsel for the various parties and an independent fact finder.

The Government of Canada conducted a series of nine Exploratory Dialogues in 1998 and 1999 with abuse victims and religious denominations to explore alternative processes for resolving Indian residential schools claims of sexual and physical abuse.

Despite only one project having been concluded, the review concluded that, "despite their weaknesses and challenges, the projects remain worthwhile initiatives that offer survivors, church organizations and federal officials a valuable opportunity to come together in consensus-building and potentially healing processes."

The external review identifies the valuable lessons learned in these projects that have now been incorporated into the ongoing work of Indian Residential Schools Resolution Canada. The report highlights the challenges of the pilot projects in light of the enormous expectations of former students for compensation, and the limited but quickly evolving case law. The report outlines how the projects test various approaches while both protecting health and safety of participants, and ensuring credible validation.

Currently, 75 settlements have been achieved involving four projects and a significant number of settlements are expected over the next few months.

The Government wants to live up to commitments that have been made to participants in the dispute resolution projects and to ensure that the projects are given a reasonable opportunity to realize their potential in terms of reaching settlements. However, the department has set a deadline of March 31, 2004 for the pilot projects to be completed.

The report explored the reasons for the length of time needed for group alternative dispute resolution. As a result, Indian Residential Schools Resolution Canada has introduced changes to the funding of the projects, and incorporated the lessons learned from the earliest projects. These include linking continued funding to milestones so that the projects can remain focussed and can more easily remain within budget.

The report found that money for the health and safety of the claimants was inadequate to cover their actual needs - and that there was confusion about how that money was to be used. In response, Indian Residential Schools Resolution Canada established separate, dedicated funding for health and safety with clear directives.

As another example, the report found that the inability to provide a meaningful response to the loss of language and culture created a significant impediment to progress in the pilot projects. Recognizing the far reaching importance of language and culture, the government announced the $172.5M initiative in December 2002 to preserve, revitalize and protect Aboriginal languages and cultures for all Aboriginal people. This initiative will benefit all Aboriginal peoples including those who attended residential schools.

The review found that settlement negotiations were adversarial and threatened to jeopardize much of the positive work that had been done leading to the negotiations. In developing the national Resolution Framework, Indian Residential Schools Resolution Canada merged validation and the settlement of claims into one phase led by a neutral fact finder. This person has the mandate to make binding decision of fact and settlement amounts based upon a compensation grid.

The Resolution Framework which was announced in December 2002, includes individual and group alternative dispute resolution processes. These processes move sexual and physical abuse claims away from the courts and offer former students a fast, safe and humane environment for resolving their claims.