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CANADA/ANGLICAN APPORTIONMENT AGREEMENTIndian Residential SchoolsThe Indian residential school system predates Confederation; and in part grew out of Canada's missionary experience with various religious organizations. The schools were located in every province and territory, except Newfoundland, New Brunswick and Prince Edward Island. Of the 130 schools that existed over time, it is estimated that up to 100 of these schools could be involved in claims. The Government of Canada operated nearly every school as a "joint venture" with various religious organizations. Most residential schools ceased to operate by the mid-1970s; the last federally-run residential school in Canada closed in 1996.
Legacy In addition to allegations of sexual and physical abuse, which are found in 90 per cent of the legal claims, allegations relating to issues such as cultural loss are also being advanced. Now, nearly 12,000 individuals have made claims for compensation against the government. Seventy per cent of claimants have also named a church institution in addition to the government. To date, there have been over 630 settlements and 12 court judgements. It is estimated there are 90,000 people alive today who attended residential schools.
Church Negotiations In an effort to speed up the settlement of abuse claims with former students, the government announced on October 29, 2001, that it would offer 70 per cent of agreed-upon compensation for validated claims of abuse in instances where both the federal government and a church organization were involved in the operation of the school. The Government of Canada began meeting bi-laterally with the Anglican Church of Canada in December 2001. The Ecumenical Group that included the other three churches announced on February 4, 2002, that it was disbanding because there was no longer a basis for ecumenical negotiations with the federal government to resolve the legacy of Indian residential schools. Canada/Anglican Church Apportionment Agreement - Features The agreement between the Government of Canada and the General Synod of the Anglican Church of Canada comprises three components: the Settlement Agreement, the Contribution and Cooperation Agreement and the General Synod Support Agreement. Collectively, the three parts establish: apportionment of liability between the Anglican Church of Canada and the government for abuse claims; processes for the validation and resolution of abuse claims; and procedures as between the Anglican Church and the government for the defence and payment of claims for alleged loss of culture and language.
Apportionment of Abuse Compensation Once it has contributed $25M, the Anglican Church will be indemnified for all future sexual and physical abuse claims, if any, and Canada will pay 100 per cent of compensation of any future claims. The Anglican Church will continue to be committed to the cooperative solution of abuse claims. This is a "whole church" settlement. Those nineteen dioceses not named in litigation, would contribute a significant share of the Anglican Settlement Fund. All dioceses named in litigation would be obligated to share documents and cooperate with government in joint defences. The agreement has been ratified by the 30 Anglican dioceses in Canada.
The Settlement Fund
Third Partying
Settling Claims in Dispute Resolution and at Trial
Loss of Language and Culture Claims
Resolution of disputes within the Agreement
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