Residential School Claims
(notes from Sharon Steinhauer, October 30, 2005, Blue Quills First Nations College 645-4455)
Currently there are two options available for people who want to pursue a claim against the federal government & the church that was operating the Residential School they attended. A third option has been proposed but not yet announced.
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Option 1
The first option is a civil lawsuit and requires that you hire a lawyer and sue the government and church at your own expense. A lawyer may charge a fee or take a percentage (usually 30% to 40%) of the amount determined through the court. This process can be lengthy and adversarial (as our legal system is designed to be) and can re-victimize people without addressing their healing needs. Supports for healing are left to survivors to identify.
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Option 2
Alternative Dispute Resolution (ADR) process is the federal government’s offer to facilitate an out-of-court resolution of claims of sexual and physical abuse. Additionally, they offer health services such as counselling and commemoration. Individuals complete an application form and have a hearing with representatives of the government and the church along with whoever else they would like to have attend as personal support for them. The process doesn’t require a lawyer but individuals have to secure legal advice prior to accepting the compensation and the government pays $600 for such legal fees. Locally, people can telephone Allan Beaver at 780-720-7119 to arrange an appointment. Allan has been seeing people quite regularly at the Boys & Girls Club in Saddle Lake (726-2178) and helps with the forms.
For more information about the ADR and Forms call 1-800-816-7293 or visit the website at www.irsr-rqpi.gc/ca/english/dispute_resolution.html
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Proposed Option 3
The federal government is expected to announce a lump sum compensation package and the Assembly of First Nations (AFN) has recommended a basic rate of $10,000 to each residential school survivor, along with an additional payment of $3,000 for each year they attended school. (example: someone who attended residential school for 8 years would receive $34,000) It is expected that survivors can apply to both Options 2 (ADR) & 3 (Lump Sum Compensation). The proposed Option 3 does not require a lawyer.
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For more information, you can contact the following:
Assembly
of First Nations
1-866-869-6789 extension 332 or
www.afn.ca
National
Residential School Survivors Society (and related links)
1-866-575-0006 -
www.nrsss.auc.ca
National
Survivor Support Line
1-866-925-4419 (24 hrs a day/7 days a week)
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