Archive - Dec 6, 2005

Residential School Settlement not perfect but “fair and just” AFN National Chief

National Chief Phil Fontaine challenged participants attending the AFN Special Chiefs Meeting in Ottawa this week to judge the work done and ignore the innuendo and conjecture that some people have been spreading about the First Nations meeting with the First Nations on Aboriginal Issues last month in Kelowna, British Columbia.

Fontaine described the settlement as “just”, “comprehensive”, “wholistic” and will “finally bring closure” for Residential School Survivors. It allows for payment for general damages immediately and still leaves the door open for legal cases for specific damages such as physical and sexual abuse.

Fontaine said there are three specific goals for the Residential School Schools settlement; healing, reconciliation and investment and development.

“Any deal,” he said, “must deal with the legacy of the past.” He told the Chiefs that this process is quicker and fairer for the victims than putting them through the court system.

Under the terms of the agreement, each residential school survivor will receive a flat fee of $10,000 and additional $3,000 for year of attendance. “The settlement is only for lost of language and culture,” he said. “Claims of abuse are beyond the lump sum payment.”

Fontaine said the proposed truth and reconciliation commission will provide a vehicle for residential school survivors to talk about their experiences. “More importantly, it will ensure that all Canadians understand the past and the present,” he said.

He said that this is a court-ordered agreement and not will not change if a new political party forms the government after the next federal election in January.

Key Elements of the Settlement:

  • Age 65 and over as of May 30 2005 – advance payment of $8000 for “common experience” will be issued in a matter of 6-8 weeks or less
  • All residential school survivors are eligible for the”common experience” lump sum payment of $10,000 for loss of language and culture.
  • There will be no legal fees for lump sum payment.
  • A simplified one-and-a- half page application form will be introduced.
  • Lawyers are not to charge for advice or assistance to complete this form.
  • These cheques will be issued in November of 2006 (except elderly) as there is a 6 month period for the 15,000 individual claims presently in court, and the 21 class action law suits to be collapsed before proceeding – the 6 month period will allow survivors to accept or reject the settlement package. Survivors previously compensated under the old package are now also entitled to the lump sum payment.
  • Residential School survivors who accept the “common experience” payment will be required to sign a form releasing the government and church from further liability. Severe abuse harms are an exception. Survivors are advised to retain the services of a lawyer for these severe harm issues.
  • There is approximately $275,000 compensation available for severe harm abuses, plus $250,000 for loss of income.
  • The Federal government has agreed to pay 15% of the legal fees in these severe abuse settlements.
  • Also available is a $3000 additional payment for each year spent in residential school

The AFN estimates survivors spent an average of 5.2 years in the residential school system therefore this would equal a payout of $28,000. There is an estimated 79,000 living survivors of which 80% are estimated to apply, while the remaining 20% will not pursue. The $1.9 million available for this payout is in an interest bearing account and the interest will go to the survivors through an additional $3000 for individual survivor healing strategies and the remaining dollars will go to the Aboriginal Healing Foundation. This will be in addition to the $125 million being directed to the AHF.

Catholic schools are now part of this process. Therefore if individuals received only 70% of their settlement they may now go back and apply for the remaining 30%.

This new process includes:

  • One grid system for all provinces
  • Unique harms experienced by women (pregnancy, abortions) recognized
  • Student-on-student abuse recognized
  • Student abuse by non-employees is recognized
  • Psychological abuse/harms are recognized
  • Compensation for injuries is recognized

A further $60 million is available for a “Truth & Reconciliation Process”. This will include the recording, sharing, education and informing Canadians of the Residential School Experience. This is a 5 year project and includes 3 commissioners and an advisory body consisting of former students and regional representatives. The project will include two initiatives; community based initiatives, and a 2 year national component.

A National Archive and Research Center will be established. School records from governments and churches will be open in this archive while respecting privacy legislation.

In addition, $125 million is being allocated for Aboriginal Healing Foundation activities. Since the AHF is administered by survivors rather than government, the AHF mandate will reflect the change of ownership.

The total funds available in this settlement are $4 billion.

Items not part of the package include:

  • An apology. No court can address the crown or government to apologize however negotiations are underway regarding the “tune and substance” of this apology.
  • The deceased are not part of this settlement.
  • Intergenerational Harms are not directly compensatable however these harms are addressed through the Aboriginal Healing Foundation programming and the “Truth & Reconciliation Commission”.

A question was presented regarding eligible schools in the compensation package. Chief Fontaine responded that the schools are listed on the AFN website but this is not a finalized list – claims should still be filed and can still be paid.

For more information go the AFN website at http://afn.ca. To see the AFN, questions and answers link about the residential school settlement.

Watch for more stories about the Special Chiefs meeting in Ottawa this week by Cheryl Klassen and Brian Walmark

First Step Towards Implementation of Health Blue Print

During the Chiefs briefing on the First Ministers Meeting Health Blueprint, there were plenty of questions and few answers for now.

Bill Erasmus, the co-chair on Health and Regional Chief O’Brien, and Saga Williams from the AFN promised to return on Wednesday with the answers.

The “Blueprint on Aboriginal Health: A 10 year transformative plan” was accepted by the Federal, Provincial governments and National Aboriginal Leaders.  There was initial concern from the provinces regarding off-loading by the federal government however, it was stressed that this was an “exercise of governance and recognizing jurisdictions of First Nations”.  The blueprint deals with new and existing federal initiatives.  It is a framework with guidelines – intended to be flexible to recognize regional differences.

The First Nation Framework includes several commitments:

  • Recognition of First Nation jurisdiction in health
  • Investing in First Nation health system
  • Joint comprehensive review of First Nation health programs & services
  • Strengthening the role and capacity of First Nation governments in delivering health services
  • Addressing gaps in services.

5-year funding

  • $870M – stabilize First Nation and Inuit Health System
  • $445 M – Promote transformation/building capacity.  Bill Erasmus reports that there is no clear priorities for this pocket of funding.

Following this brief presentation a myriad of questions arose regarding priorities and assurance as the Federal government has not honoured the political accord.  Concerns regarding “The One Window Concept”, “Pan Aboriginal Approach”, or “Horizontal Aboriginal Framework” were expressed.  While questions regarding moving this forward to achieve policy were also presented.

The “recognition of regional differences” statement generated the following comment “a common approach is better than regional as it is divisive and causes AFN to act as the police”.

Generally participants expressed difficulty with understanding the Blueprint’s benefit to First Nations.  In addition, it is a difficult framework to implement.  Further discussions and meetings are planned.  The AFN has declared that it is responsible for membership wherever they reside including off-reserve.

No link available at this time for the Blueprint document.

Back in the Saddle: Community Education Champion Goes to the AFN

Peter Garrow has not been the AFN Director of Education for very long, only four months, but he is already making waves.

Called out of retirement as the head of the Akwesasne Mohawk Board of Education and taken away from his research to write a book about this grandmother who went to the American Supreme Court to fight for cross border commercial rights, Peter is once again fighting for better educational opportunities for First Nations children and youth in Canada.  “There is no room for empire building in education,” he told participants at the education workshop at the Special Chiefs Meeting in Ottawa this week.  “It must all start and remain at the community level,” he said.  He told the participants that communities need to regain control over jurisdiction and they need adequate resources.  He says the goal of the First Nations meeting on Aboriginal Affairs in Kamloops was designed to move towards those goals.

During the education briefing, he said that we need to support the teachers at First Nations schools.  He said at Akwesasne, sixty per cent of the teachers are community members.  The board has a good professional development policy and each teacher, Native or Non-Native, has a career plan.  “A good teacher is a good teacher,” he said.  “When you get a good one, you keep him.”

He says we need to encourage First Nations schools to partner with universities to provide science camps and create “back to the land” camping experiences with the communities.

He says communities need to feel a sense of ownership and pride in the local school.  “To do that, they need to control the jurisdiction of education.

Chief Natham Matthews, the co-chair of the AFN’s Chiefs Committee on Education, told the participants that First Nations are feeling pressure from the provinces.  “The provinces are providing education to off-reserve First Nations and Metis youth and they want a piece of the promised 1.8 Billion for education renewal.  Provincial schools are not doing a good job of educating our youth but many First Nations schools are doing worse.  We need to work together if we are going to get to a better place.”

David Paul Anepineskum, the Executive Director of Nishnawbe Aski Nation told the briefing that First Nations must do a better job of supporting our own institutions.  First Nations post secondary institutes need more resources and more students.  “We need to make our institutions a priority for future growth,” he said.

Peter wants more young people, women and Elders to participate in the various education tables that are currently under discussion including: band operated funding, special education and post secondary education.

Peter is a strong supporter of the proposed Keewaytinook Okimakanak Regional Digital Library.  He introduced Geordi Kakepetum, the Executive Director of KO to Chief David General, Grand Chief of the Six Nations Council who offered to move the library motion on behalf of KO.

While he was Director of Education with the Akwesasne Mohawk Board of Education, Peter used IP videoconferencing supported by First Nations Schoolnet to connect his students with other First Nations students in Ontario.  He wants to work with Keewaytinook Okimakanak, the Regional Management Organization for Industry Canada in Ontario to create IP videoconferencing links with the AFN.  He says its an ideal alternative for effective meetings and cost and time reduction in travel.  “I saw what videoconferencing could do when I was in Akwesasne.”  While he was education director, Akwesasne participated in a number of meetings with other First Nations communities and universities including the founding meeting of Researching ICTs with Aboriginal Communities.

He is a strong support of ICTs in the classroom.  “If computers and access to the Internet means students coming to school on time and energized, I am all for it,” he said.

To see the AFN education action plan, click here.

National Chief to address KO Chiefs Meeting in Winnipeg

Geordi Kakepetum, Executive Director of Keewaytinook Okimakanak, announced that Phil Fontaine, National Chief of the Assembly of First Nations will attend the Christmas KO Chiefs meeting in Winnipeg next week. Additional details to follow.

KO team attending the Assembly of First Nations Special Chiefs Meeting in Ottawa

AFN Special Chiefs meeting covered in K-Net News ...

Geordi Kakepetum, Executive Director of Keewaytinook Okimakanak, Cheryl Klassen, Education Facilitator of KO Telehealth (KOTH) and Brian Walmark of the KO Research Institute (KORI) will be in Ottawa this week to participate in the Special Chiefs Meeting of the Assembly of First Nations. The meeting will provide Chiefs from across Canada with a briefing on the First Ministers meeting with Aboriginal leaders last month.

KO is also seeking AFN support on a number of issues including connectivity, telehealth, the satellite initiative, improved library services in remote and isolated communities and other issues. If you would like sponsor one of these support resolutions or you would like additional information, please email brianwalmark@knet.ca for more details.

Brian and Cheryl will be filing stories throout the meeting with K-Net News. Watch www.knet.ca for updates. To ask questions or to comment, email brianwalmark@knet.ca

K-Net staff present at NAN Education (Thunder Bay) and Quebec Health (Montreal) gatherings

Dan Pellerin, K-Net's Network Manager, is travelling to Montreal to attend a gathering of First Nation health leaders and present information about the Kuhkenah Network and the Keewaytinook Okimakanak Telehealth initiative. First Nations across Quebec are now getting connected through their First Nations Education Council's video conferencing network (visit http://cepn-fnec.com/videoconference/eng/index.html for more information). As the local capacity increases in each community, new applications for these communication tools are identified and developed by the communities. Telehealth is quickly becoming a key application that supports the ongoing operation of the community networks.

Brian Beaton, K-Net Coordinator, is in Thunder Bay for the Nishnawbe Aski Nation Education Conference. He is presenting information about the First Nations SchoolNet program and the various e-learning opportunities that are available for First Nation schools. As new needs and opportunities are identified and developed to use Information and Communication Technologies in First Nation classrooms, the First Nations SchoolNet program is another resource to support this work. Visit http://firstnationschools.ca for more information about some of these opportunities. Click here to see the powerpoint presentation.