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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