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Publications
Performance Report
For the period ending March 31, 2003
The Honourable Ralph Goodale
Minister Responsible for Indian Residential Schools Resolution Canada
Table of Contents
Section I - Minister’s Message
Section III - Performance discussion-
Priorities the department established for 2002–2003
Main challenges
Main accomplishments
Risk management
Annex I: Financial Performance
Section I - Minister's Message
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| Ralph Goodale |
Many people including former students of Indian residential schools, their families and communities have led the search for healing, reconciliation and satisfactory closure to the many charges of sexual and physical abuse. Their work, along with the churches and the lawyers working for the students, helped create the national Resolution Framework that I announced in December 2002. Its holistic approach provides choices for former students that include non-adversarial, fast and safe ways to validate and settle thousands of claims away from the courts.
Claimants can choose to participate in an alternative dispute resolution (ADR) process, either as an individual or in a group, may seek an out-of-court settlement or go to trial. Health and personal supports will be available as well as commemorative activities.
The centrepiece of the Resolution Framework will be alternative dispute resolution that will have the capacity to administer, validate and resolve the majority of the claims over seven years in a manner that is fair, safe, credible and appropriate. While providing options for former students, the Resolution Framework fulfills the Government of Canada's legal obligation to pay fair compensation to former students who suffered abuse, ensures that claims are rigorously validated in less-adversarial processes and it protects the rights of alleged perpetrators. Priority will be given to claimants who are elderly or who are in poor health.
It is expected that a large majority of claimants will choose to resolve their claims of sexual and physical abuse under individual alternative dispute resolution. Each claimant fills out a standard application form, leading to a private hearing before an independent adjudicator. Compensation under this process will reflect current case law and contains established guidelines to assess the severity of the acts and their impacts on each individual.
The issue of what percentage of compensation is paid to the victims of abuse has been a difficult one for Canada and the four churches that shared in running the Indian residential schools. Without church agreement on compensation, the government has been limited in our ability to pursue the overall objectives of resolving these claims. The most devastating impact has been on those with valid claims who have been denied closure and the ability to fully move forward with their lives while the arguments continued.
In November 2002, following months of negotiations, the Anglican Church of Canada demonstrated significant moral leadership with its commitment to pay 30 per cent of compensation to the students with valid claims that it was responsible for. Following unanimous diocese-by-diocese ratification across Canada, a final agreement was signed in March on the share of compensation paid to victims of abuse at Anglican Indian residential schools.
Shortly after the Anglican agreement was negotiated, the Presbyterian Church in Canada indicated that it, too, was prepared to move forward with the Government of Canada. We signed a final agreement with the Presbyterian Church in February 2003 on similar terms. These agreements preserve the financial integrity of the churches while opening new pathways to closure, healing and reconciliation for all the parties.
A key priority for my department over the next year is to formally launch the Alternative Dispute Resolution process following discussions with former students, their lawyers, the churches and other government departments. These consultations have already generated a lot of positive feedback and we plan to take the necessary time to fully assess what the claimants and their representatives have told us before finalizing the detailed planning for the ADR process. Our ultimate goal is to attract the majority of claimants into the new process with a safe and supportive environment that protects their privacy.
Over the next year, it is also my fervent wish to achieve negotiated agreements with the United Church and the Catholic Church organizations on compensation for victims of abuse, allowing us to focus our efforts together to settle the outstanding claims in a more supportive way for former students, who continue to be our first priority.
Ralph Goodale
Minister
Section II - Context
Residential schools were boarding schools for Aboriginal children between the ages of 5 and 16 years old that operated throughout Canada for well over a century.
The earliest residential schools predated Confederation and were run by church missionaries. The Government of Canada began to play a role in the development and administration of this system as early as 1874, as part of its federal responsibility, under the Indian Act, to provide education to Status Indians.
Residential schools operated over time throughout Canada. The schools were located in every province and territory, except Newfoundland, New Brunswick and Prince Edward Island. The Government of Canada operated nearly every school as a "joint venture" with various church organizations. The majority of these schools ceased to operate by the mid-1970s and the last federally-run residential school in Canada closed in Saskatchewan in 1996.
In 1996, the Royal Commission on Aboriginal Peoples (RCAP) outlined for the first time, in a comprehensive way, the impacts that the Indian residential school system had, and continues to have, on Aboriginal people.
In 1998, the Government of Canada responded to the RCAP Report with Gathering Strength - Canada's Aboriginal Action Plan. This plan outlined a four-point strategy for addressing residential schools issues which remains as the foundation to Indian Residential Schools Resolution Canada's on-going priorities: apology; healing; improved litigation strategies and alternative dispute resolution.
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Apology: The Government of Canada delivered a Statement of Reconciliation to all Aboriginal peoples which included an apology to those people who experienced sexual and physical abuse while attending residential schools.
It also stated that the federal government regretted the treatment of Aboriginal people. "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." Healing: The Government provided $350 million to the Aboriginal Healing Foundation – an organization set up at arms-length from the government to provide funding for community-based healing projects. Litigation: In instances where claims proceed to court, Government lawyers, working on behalf of Indian Residential Schools Resolution Canada, represent the interests of the Crown and contribute to the management of the government's response to the litigation. Where possible, we are working to move as many cases as possible away from the court and into faster and more compassionate processes for the individuals. Where cases remain in litigation, strategies have been put into place which respect the Government's Statement of Reconciliation and which recognize the need to resolve claims in a respectful and humane manner. Dispute Resolution: The Government sponsored nine Exploratory Dialogues across Canada in 1998/99 which provided former students, government and church representatives with the opportunity to sit down and jointly develop solutions to resolve residential schools issues. This marked the first time the three parties were able to sit together and constructively discuss these issues. Flowing from the dialogues, the Government established a number of alternative dispute resolution pilot projects. At present, eight alternative dispute resolution pilot projects are ongoing and succeeding in resolving claims. A ninth project has been successfully concluded with all of the claimants who participated. |
Indian Residential Schools Resolution Canada (IRSRC) was created on June 4, 2001 to centralize resources that are focused on resolving residential school claims and addressing the legacy associated with the schools. Our department is responsible for the coordination of all Indian residential schools activities on behalf of the federal government.
The Government of Canada began formal negotiations with the Anglican, Catholic, United and Presbyterian churches in June 2001 on the financial apportionment of compensation of residential school claims. While our attempt at a collective settlement with all four churches was unsuccessful, by March 2003, both the Anglican Church of Canada and the Presbyterian Church in Canada signed bilateral agreements
As of March 31, 2003, a total of 11,715 persons had made claims relating to Indian residential schools. (Figure 1).
During 2002-2003, 235 claims were settled due in large part to the Government of Canada's effort to expedite the resolution of claims whenever possible. The overall total number of claims settled is 727, including 12 trials.
Figure 1: Indian Residential School Claimants
Objectives and strategic outcome
Through partnerships with all levels of government, Aboriginal peoples, religious denominations and Canadian citizens, the Department creates initiatives that will:
- Work with former students, families and communities to remove barriers to healing and reconciliation and deal with intergenerational impacts;
- Provide options to former students to settle their claims in ways that are safe and sensitive for individuals;
- Centralize and focus federal efforts to resolve claims associated with the operation of the former Indian residential system in the most expeditious way possible;
- Coordinate negotiations between the Government of Canada and major church organizations regarding their shared responsibility for these claims;
- Implement Canada's wider objectives of healing and reconciliation with Indian residential school survivors and their communities; and
- Inform and educate Canadians about the impacts of Indian residential schools.
The Minister responsible for the control and supervision of Indian Residential Schools Canada (IRSRC) is supported by a Deputy Minister who is the Department's Executive Director and Deputy Head. The Deputy is supported by both the Director General, Operations, and the Director General, Policy, Planning, and Corporate Services.
The Director General, Policy, Planning, and Corporate Services is responsible for: policy and communications; litigation management; corporate administration and services (including Human Resources, Finance, Contracting and Information Technology Systems); commemoration initiatives, and Departmental communications. The Director General is also responsible for the management of the health-related components of the Framework, the large part being delivered by Health Canada, and the remainder by the Department.
The Director General, Operations, is responsible for implementing and managing the Dispute Resolution Process, and ensuring that claims within the Dispute Resolution Process are administered and resolved in accordance with established program authorities, processes and the approved compensation structure. The Director General is also responsible for the management and delivery of an extensive research program which supports both litigatin and dispute resolution operations.
Figure 2 shows the Indian Residential Schools Resolution Canada organizational chart.
Figure 2: Organization Chart of Indian Residential Schools Resolution Canada
Indian Residential Schools Resolution Canada strives to address the issues related to healing and reconciliation within Aboriginal communities by maintaining and strengthening collaborative working relationships with other organizations and the community including:
- Former students;
- Aboriginal Healing Foundation, which provides funding for community-based healing projects;
- First Nations, Metis and Inuit national, provincial, and territorial organizations related to the provision of support for healing and reconciliation;
- Church organizations involved in developing and administering residential schools;
- Federal Departments, including:
- Health Canada for provision of status-blind health support services;
- Department of Justice for legal advice in the development of the Resolution Framework including alternative methods of resolution;
- Heritage Canada to support community-based Aboriginal language and culture programs;
- Indian Affairs and Northern Canada for developing community-based Aboriginal culture; and,
- Plaintiffs' counsel.
Section III: Performance discussion
Priorities the Department established for 2002–2003
Strategic outcome: enhancement of residential school survivor well-being by addressing and resolving issues arising from the legacy of the Indian residential school system.
- Resolving as many outstanding claims as possible;
- Focussing on elderly claimants and those in ill-health;
- Liaising with former students, aboriginal and church organizations, federal Departments, and provincial governments to identify initiatives for addressing the legacy of Indian residential schools;
- Supporting programs which promote healing and reconciliation;
- Implementing dispute resolution processes;
- Finance programs that assist healing and reconciliation; and,
- Negotiating with churches to determine the shared cost of compensation.
Grievances arising from Indian residential schools are sensitive and complex. The Government, committed to settling the historic number of claims for compensation by former students, is faced with the daunting challenge of finding the delicate balance between resolving Indian residential school claims in a timely and safe manner while maintaining a process for validating claims that is credible to all parties — claimants, churches, courts, the public and individuals accused of abuse.
Many claims require vast resources over long periods of time for proper research and validation. An additional complication associated with these claims is that over 70 per cent also name a church entity.
Four church organizations participated in the management and administration of Indian residential schools in Canada: the Anglican Church, the United Church, the Presbyterian Church, and the Catholic Church. Canada has agreed to pay 70 per cent of the agreed compensation for all claims prior to 1969 and 100 per cent of the agreed compensation after 1969, when Canada assumed responsibility for the existing residential schools that were still in operation.
Efforts to agree on the apportionment of financial responsibility and joint efforts to bring final closure for survivors of the Indian Residential Schools legacy focussed on the Anglican and Presbyterian churches. The agreements have been successful in addressing 16% per cent of the claimants. Three-quarters of the claimants name Catholic Church institutions, along with the federal government, in their pursuit of compensation for abuses suffered at Indian residential schools. Without a formal agreement with the Catholic institutions and the United Church, these claimants are only assured of being paid 70 per cent of their compensation award by the Government of Canada.
The agreements with the Anglican and Presbyterian Churches do not cover alleged abuses on the loss of language and culture. Currently, claims for compensation in this area are not recognized by the courts.
On December 20, 2002, Indian Residential Schools Resolution Canada announced the national Resolution Framework that addresses both legal and non-legal issues related to Indian residential school abuse resolution. The framework was the culmination of six years of work involving consultation with claimants, their lawyers, the churches involved, representatives of survivor organizations and other government Departments.
In developing the Resolution Framework, we looked at the findings of the Royal Commission on Aboriginal Peoples, other institutional abuse models, a report by the Law Commission of Canada on institutional abuse, best practices from the federal alternative dispute resolution pilot projects, a report on handling of claims for youth institutions in Nova Scotia, and the Irish government's plan for a similar compensation process related to institutional abuse of children.
The Resolution Framework continues efforts by the Government of Canada to create a culture of resolution, and is consistent with several themes in the September, 2002, Speech from the Throne, including Canada's pledge to close the gap between Aboriginals and non-Aboriginals, its commitment to social justice, and building healthy communities. Expediting the resolution of claims allows the Aboriginal community to move towards reconciliation and healing.
The Resolution Framework responds to former students' needs for a holistic approach to address the legacy of Indian residential schools and to help facilitate healing and reconciliation leading to closure. Claimants can choose to participate in an alternative dispute resolution process, either as an individual or in a group, or they may seek an out-of-court settlement, or go to trial. Health and personal supports will be available as well as commemorative activities.
The centrepiece of the Resolution Framework is alternative dispute resolution that would have the capacity to administer, validate and resolve up to 75 per cent of the claims over seven years in a manner that is fair, safe, credible and appropriate.
The Framework:
- adds to the choices available to former students;
- fulfills the federal government's legal obligation to pay fair compensation to former students who suffered abuse;
- ensures that all claims are rigorously and efficiently validated in less-adversarial processes;
- protects the rights of the alleged perpetrators of abuse; and
- demonstrates the federal government's commitment to social justice.
The Resolution Framework consists of the following:
Alternative Dispute Resolution: It is expected that a large majority of claimants will choose to resolve their claims of sexual abuse and/or physical abuse through individual or group alternative dispute resolution. Each claimant will fill out a standard application outlining what abuse occurred. Each case will then go through a preparation stage leading to a hearing in front of an adjudicator. Generally, hearings will be less than a day, depending on the number of witnesses called and the complexity of the claim. All hearings will be presided over by a neutral third-party - an adjudicator - who will hear all testimony, question all witnesses, determine which facts of the case are proven and prepare a report with the findings. The decisions of the adjudicator are final and are binding on all parties. Where abuse is proven, compensation will be awarded according to established guidelines. The framework reflects current case law, contains a common structure to assess the severity of acts alleged and their impacts on each individual.
Claimants may also request a written apology, may access Health Support services provided by the federal government and benefit from commemorative activities. Consistent with the federal announcement in October 2001, the federal government will pay 70 per cent of compensation for abuse claims. If the church involved chooses not to pay its 30 per cent share, claimants may either accept this, or pursue legal action against the church.
Students who attended schools operated by the Anglican and Presbyterian Churches will receive 100 per cent of compensation. In addition, anyone whose abuse took place after April 1, 1969 will receive 100 per cent of compensation from the federal government. Current estimates indicate this applies to 23 per cent of the cases.
Those students who attended residential schools run by Catholic Church institutions or the United Church are assured of receiving 70 per cent of their compensation from the Government of Canada. They are free to pursue the churches for the remaining 30 per cent.
Group Alternative Dispute Resolution: Groups will follow the same steps as those participating in individual alternative dispute resolution. To exercise this option, the participants must identify common features among the claims that warrant addressing them at the same time, outline how the group plans to offer safety and support to one another, and ensure that legal fees will not be duplicated.
Out-of-court Settlements and Trial: The option of using a more formal litigation route, either through out-of-court settlements, or as a result of a full trial, remains open to every claimant.
The federal government supports a claimant`s choice to select the mechanism that best meets his or her needs to obtain closure. Any party may choose to resolve a claim at trial. As a result, the Resolution Framework allows for the preparation and defence of claims that proceed through the courts.
Health Support Program: The federal government's Health Support Program is primarily directed to provide support to individuals involved in the process of resolving claims through the Resolution Framework, targeting those who are either preparing to, or are in the process of, settling their claim. For many, the process of coming forward to admit that abuse took place, even in a private setting, is traumatic. It forces the individual to deal with feelings and memories they may not have previously confronted or resolved.
Language and Culture: The federal government currently spends $30M annually on programs and projects specifically designed to support a wide range of community-based Aboriginal languages and culture programs through Canadian Heritage and the Department of Indian Affairs and Northern Development. In addition, on December 19th, 2002, the federal government announced a $172.5M initiative over 10 years to work with Aboriginal people to preserve, revitalize and protect Aboriginal languages and cultures for all Aboriginal people, reinforcing at the same time Canada's commitment to address the full range of impacts stemming from the Indian residential schools system.
Commemoration: Community commemorative projects, such as healing conferences, monuments and reconciliation feasts, will be supported under the Resolution Framework. These activities will acknowledge the negative experiences of some former students, and will help bring closure to them, their families and their communities.
In May 2002, the Grollier Hall pilot project, first alternative dispute resolution pilot project, was completed in Inuvik after three and a half years. The project included 28 settlements for former students with the Government of the Northwest Territories and the Mackenzie Catholic Diocese. Eight federal pilot projects are still operating across the country that are expected to be completed by March 2004.
The development and announcement of the Resolution Framework could not have been finalized without progress in negotiations with the churches on their shared liability for compensation to former students with valid claims. We have successfully reached agreements with both the Presbyterian Church in Canada and the Anglican Church of Canada on the share of compensation paid to victims of abuse at Anglican Indian residential schools that were signed respectively in February and March 2003.
Through their agreements, the Anglican and Presbyterian Churches acknowledge their major role and shared responsibility for the history of Indian residential schools in Canada. Specifically, they will pay 30 per cent of the compensation for valid claims of sexual and physical abuse up to $25M (Anglican) and $2.1M (Presbyterian). The federal government will pay 70 per cent of the compensation.
The Government of Canada continues to commend the remarkable moral leadership shown by these churches by stepping forward with their commitment to remove the barriers to healing and reconciliation for the students they were responsible for.
In the year 2002–2003, Indian Residential Schools Resolution Canada concluded 235 settlements. Distribution by province or territory is shown in Figure 3.
By committing to address and resolve issues arising from the legacy of the residential school system, the Government of Canada undertakes to thoroughly validate the claims for compensation. In attempting to resolve these claims, the Government of Canada risks re-victimizing claimants during the validation process. While we are sensitive to this possibility, we strive to balance this risk with the requirement to validate claims in order to ensure fairness to the claimants and accountability to Canadians.
The Resolution Framework, designed as a holistic approach to resolving claims, will be introducing status-blind health supports and using independent arbitrators with binding authority to reduce the traumatic effects of the validation and hearing process.
The Government of Canada is seeking to resolve as many cases as possible outside the courts because litigation is confrontational and expensive. By moving to less adversarial environments and reducing legal costs, we expect to resolve claims in a manner that former students perceive to be more compassionate and equitable. The adjudication process being introduced is innovative, involving parameters for decision-making, which are not subject to direct management controls. Support for the process depends on the continued acceptance and trust of stakeholders with divergent, but complementary objectives.
The number of claims is expected to grow to approximately 18,000 cases. Current estimates say that it will take the courts 53 years to handle the caseload, at a cost of $2B, in administrative costs alone. By establishing the Resolution Framework, we propose to resolve these cases in seven years.
Annex I: Financial Performance
The following tables indicate the financial performance of Indian Residential Schools Resolution Canada.
Indian Residential Schools Resolution Canada has spent less money than was allocated in 2002–2003. Total authorities increased from planned spending owing to funding obtained for operations. Not all the funding is expended and this is mainly related to expenditures related to Out of Court Settlements.
Financial Performance
| Indian Residential Schools Resolution Canada | |
| Planned Spending | $ 56,060,000 |
| Total Authorities | $ 64,497,911 |
| Total Authorities | $ 55,784,096 |
Annex II: Financial Tables
The following tables are an account of the financial performance of Indian Residential Schools Resolution Canada:Table 1 – Summary of Voted Appropriations
| Financial Requirements by Authority ($ millions) | ||||
| 2002-2003 | ||||
| Vote |
Planned Spending* | Total Authorities | Actual Spending | |
| Office of Indian Residential Schools Resolution Canada | ||||
| 41 | Program Expenditures | 53.8 | 60.9 | 52.2 |
| (S) | Statutory Payments | 2.3 | 3.6 | 3.6 |
| Total Department | 56.1 | 64.5 | 55.8 | |
| Total Authorities are Main Estimates plus Supplementary Estimates plus other Authorities | ||||
Total authorities increased from planned spending owing to funding obtained for operations. Not all the funding is expended and this is mainly due to expenditures related to out of court settlements.
Table 2 – Comparison of Total Planned to Actual Spending
| Departmental Planned versus Spending ($ millions, Except FTEs) | |||
2002-2003 |
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| Office of Indian Residential Schools Resolution Canada | Planned Spending * |
Total Authorities |
Actual Spending |
| FTEs | 81 |
81 | 77 |
| Operating | 30.5 |
37.8 | 37.8 |
| Out-of-Court Settlements | 20 |
20 |
13.5 |
| Capital | - |
- |
- |
| Grants and Contributions | 2.3 |
2.3 | 0.9 |
| Court Awards (S) | - |
0.3 |
0.3 |
| Contributions to Employee Benefit Plans (S) | 3.3 |
3.3 |
3.3 |
| Total Gross Expenditures | 56.1 | 56.1 |
55.8 |
| Less: Respendable Revenues | - |
- |
- |
| Total Net Expenditures | 56.1 | 64.5 | 55.8 |
| Other Revenues and Expenditures | - |
- |
- |
| Non-respendable Revenues | - |
- |
- |
| Cost of Services Provided by Other Departments | 3 |
2 |
1.5 |
| Net Cost of the Program | 59.1 | 66.5 | 57.3 |
Table 3 - Historical Comparison of Total Planned Spending to Actual Spending
| Historical Comparison of Total Planned Spending to Actual Spending ($ millions) | ||||
| 2002-2003 | ||||
| Actual 2001-2002* | Planned Spending | Total Authorities | Actual Spending | |
| Office of Indian Residential Schools Resolution Canada | 42.5 | 56.1 | 64.5 | 55.8 |
| Total Authorities are Main Estimates plus Supplementary Estimates plus other Authorities | ||||
Note: * The Department was created on June 04, 2001.
| Statutory Payments ($ millions) | ||||
| 2002-2003 | ||||
| Office of Indian Residential Schools Resolution Canada | Actual 2001-2002* | Planned Spending | Total Authorities | Actual Spending |
| Court Awards | 0.3 | - | 0.3 | 0.3 |
| Contributions to Employee Benefit Plans* | 0.6 | 3.3 | 3.3 | 3.3 |
| Total Statutory Payments | 0.9 | 3.3 | 3.6 | 3.6 |
| Total Authorities are Main Estimates plus Supplementary Estimates plus other Authorities | ||||
* Estimated cost based on 2001-2002 staff salary costs. As the Department was only created on June 4, 2001, there was no funding allocated for the Department via the 2001-2002 Estimates Part II. Therefore, the Department was not directly charged for any 2001-2002 Employee Benefit Plan costs.
| Transfer Payments ($ millions) | ||||
| 2002-2003 | ||||
| Office of Indian Residential Schools Resolution Canada | Actual 2001-2002* | Planned Spending | Total Authorities | Actual Spending |
| Grants to Individuals in Respect of Indian Residential Schools | - | 0.5 | - | - |
| Contribution for the Purpose of Consultation and Policy Development | 2.6 | 1.8 | 3.1 | 0.9 |
| Total Transfer Payments | 2.6 | 2.3 | 3.1 | 0.9 |
| Total Authorities are Main Estimates plus Supplementary Estimates plus other Authorities. | ||||
* The Department was created on June 04, 2001.
Table 6 – Contingent Liabilities
| Contingent Liabilities ($ millions) | ||
Amount of Contingent Liability
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| List of Contingent Liabilities | March 31, 2002
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Current as of March 31, 2003
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| Office of Indian Residential School Resolution Canada | ||
| Litigations | 659.4 |
1,104.0
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| Total | 659.4 | 1,104.0 |
Note: As part of its mandate to resolve claims of physical and sexual abuse at Indian residential schools, the Government of Canada has initiated pilot projects to explore alternative dispute resolution (ADR) approaches. Eight pilot projects are currently underway. The intent is that each project would involve a group of survivors, the organizations that operated the school, and Canada. At this time, Indian Residential Schools Resolution Canada and the Department of Justice are unable to estimate the amount of liability that will arise from these ADR pilot projects.
Annex III: Other information
Contacts for Further Information
Indian Residential Schools Resolution Canada
Internet Site: http://www.irsr-rqpi.gc.ca
General Inquiries (we accept collect calls):
| · Residents of British Columbia, Alberta or the North: | |
| Telephone: | (604) 775-6400 |
| Mailing address: | 1138 Melville Street Suite 400 Vancouver BC V6E 4S3 |
| · Residents of Saskatchewan and East thereof: | |
| Telephone: | (613) 996-2686 |
| Mailing address: | 90 Sparks Street Room 304 Ottawa ON K1A 0H4 |
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