Provincial Courts ratifiy Residential School agreement as a fair deal
Read the NAN press release and the CBC coverage of this story following the AFN press release ...
Assembly of First Nations National Chief Phil Fontaine says today's court ratifications represent a victory for Residential School Survivors
OTTAWA, Dec. 15 /CNW Telbec/ - "Today's court ratifications are a victory for the tens of thousands of Residential School system survivors," said National Chief Phil Fontaine. "It means that we are on track for payments to be made out sooner than we expected. The Common Experience Payment (CEP), which benefits all residential school survivors, will likely begin in the summer of 2007.
"As you may know, I have worked tirelessly for an early resolution to this historic $4 billion plus settlement," said National Chief Fontaine. "Today, we are happy that the courts have found it to be fair and just and have responded quickly to the certification applications.
"This early resolution of the certification requirement shows the courts realize the importance of getting this deal completed, especially for the elderly and the sick," added the National Chief. "We expect court decisions in NWT and Nunavut will be rendered positively in the coming days."
CEP payments are based on attendance at a residential school and will be calculated on the basis of $10,000 for the first year or portion of a year attended, and $3,000 per year or portion of subsequent years attended. The total amount of this fund is $1.9B.
The much improved process for compensation for individual's who suffered abuse will start at the same time. The new process no longer discriminates between survivors depending on their geographic location or religion. It will compensate for more harms; it will be gender neutral; and it will provide more compensation than the present Alternate Disputes Resolution process.
"The courts certification also means the Truth and Reconciliation Commission will be starting its work next summer," noted National Chief Fontaine. "The Truth and Reconciliation Commission will ensure that all Canadians will understand the significance of the serious harm done to our people. First Nations are determined to send the message to the world that 'Never Again' will such a racist agenda be tolerated in Canada."
The remaining piece in the ratification process is the ratification by the survivors themselves. They get the last word. They will have 6 months to review the deal to decide if they want it. The AFN has strongly recommended that they accept the deal.
The AFN and the Indian Residential Schools Commission will soon begin a comprehensive communications campaign to inform survivors of their rights to compensation.
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.
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/For further information: Bryan Hendry, A/Director of Communications, (613) 241-6789, ext. 229, Cell (613) 293-6106, bhendry@afn.ca; Nancy Pine, Communications Advisor to the National Chief, Cell (613) 298-6382, npine@afn.ca/
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NAN Welcomes Superior Court Rulings, but Urges Recognition of Additional Schools in Territory
THUNDER BAY, ON, Dec. 15 - Nishnawbe Aski Nation (NAN) Grand Chief Stan Beardy is pleased with rulings by superior courts in six provinces and Yukon territory approving the residential school settlement plan, but urges the recognition of additional residential schools in the plan.
"We welcome the acknowledgement by superior courts across the country of the many years of physical, emotional, and sexual abuse that came with the residential school system and the attempt by the federal government to destroy the languages and traditions of Aboriginal people across the country," said NAN Grand Chief Stan Beardy adding there are two schools in NAN territory that are not recognized in the plan.
Stirland Lake and Crystal Lake residential schools - both north of Pickle Lake - are not included in the settlement plan that includes a "common experience" average payment of $24,000 to surviving former students of residential schools.
"Until the two remaining schools within NAN territory are recognized we can't fully welcome the plan," said Beardy who represents 49 First Nation communities across Ontario.
NAN has also urged for a formal apology by the Prime Minister of Canada and continuation of programs focused on individual and community healing for the approximate 90 per cent of NAN members impacted by the residential school system.
"Acknowledgment by the courts is just one step in the healing process for not only the people of Nishnawbe Aski territory, but both Aboriginal and non-Aboriginal people affected by the residential school system across Canada," said NAN Deputy Grand Chief Alvin Fiddler who holds the portfolio for residential schools. "It's important to remember that the residential school system not only affects individuals, but it affects whole communities. Funding for the Aboriginal Healing Foundation and other healing projects should continue so benefits from the healing services offered through these programs can be experienced at a community level."
Assembly of First Nations has been negotiating with the Government of Canada since December 2004 to reach a deal that will compensate more than 12,000 Aboriginals currently participating in lawsuits seeking compensation for the effects of the residential school system that uprooted Aboriginals children across Canada from their home communities.
Approximately 5,000 NAN members attended residential schools.
For further information: Jenna Young, NAN Director of Communications, (807) 625-4952 OR (807) 628-3953
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From http://www.cbc.ca/canada/north/story/2007/01/15/nwt-residential.html
N.W.T. court approves residential school deal
Last Updated: Monday, January 15, 2007 - CBC News
The Supreme Court of the Northwest Territories has approved the proposed compensation package for residential school students.
About 80,000 former residential school students across the country are eligible for the deal.
The N.W.T. is the last court that dealt with the package to make its decision public.
The deal offers $10,000 to each former student for the first year attended, plus $3,000 for each year after that. It offers extra compensation to students who were physically or sexually abused while students.
Former students who object to the deal have until Aug. 25 to register their objection.
The Assembly of First Nations is urging students to accept the package.
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From http://www.cbc.ca/canada/story/2006/12/15/residential-schools.html
Judges approve residential school deal
December 15, 2006 - CBC News
Judges across Canada are giving their approval to a settlement plan worth up to $5 billion with former students of Indian residential schools.
Earlier this year, nine courts across the country were reviewing the deal proposed by the federal government, which includes $1.9 billion in "common experience" payments for everyone who attended the schools.
According to court documents released Friday, seven out of nine of the judges are in agreement with the settlement. Two northern judges are still considering the package.
The historic proposed deal, which requires the approval of all nine judges, was reached last year following discussions among the federal government, churches and former students.
It applies to about 80,000 former students who attended residential schools.
"This has been so many years in the making," said Phil Fontaine, the grand chief of the Assembly of First Nations.
Fifteen years ago, he was one of the first to come forward with a personal story of his painful experience at a residential school. He said the settlement will put an end to that era in Canadian history.
"Never again will such a racist agenda be tolerated in Canada," he said.
Under the proposed deal, claimants will receive $10,000 for the first year they attended a school, plus $3,000 for each subsequent year.
"These people will finally be able to receive the compensation they are entitled to receive," said John McKiggan, a lawyer representing more than 500 Mi'kmaq and Maliseet in the Maritimes who attended the former Shubenacadie residential school in Nova Scotia.
Among those hearing the news Friday was Nora Bernard, a resident at Shubenacadie from 1945 to 1950.
"I'm so shocked," said Bernard, who grew up on the Millbrook First Nation and had been fighting for compensation for 11 years. "I knew it was coming, but it's hard to believe.
"Now my people will be able to try to put this to rest."
Bernard has bad memories of her time at school. She said she was often hungry and was forced to work cleaning and making clothes.
Under the compensation formula, Bernard expects to receive around $22,000.
In addition to the money for the common experience payments — averaging about $25,000 per former student — people who were sexually or physically abused or suffered psychological damage can receive additional settlements of between $5,000 and $275,000.
Court heard in Regina that when additional costs are tallied up, a total of $4 billion to $5 billion could be spent resolving claims and on associated programs.
The deal also includes an additional $125 million for the aboriginal healing fund, $60 million for a truth and reconciliation process and $20 million for commemorative projects. About $100 million is being spent on lawyers fees.
Money is expected to begin flowing by next September.
Over the past two decades, there have been more than 12,000 lawsuits launched against the federal government and churches alleging sexual, physical and other kinds of abuse.
Related CBC stories on Residential Schools
- CBC ARCHIVES: A Lost Heritage: Canada's Residential Schools
- A timeline of residential schools
- Regina lawyer launches residential school lawsuit on behalf of Metis
- Look out for crooks, Mounties tell natives awaiting cheques
- Former residential school students sound off on compensation
- Lawyer who got residential schools deal was paid $2.5 million
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The following Toronto Star coverage can be seen by clicking here
Historic settlement for school abuse victims - After a decade of dispute, thousands of former students of Canada's aboriginal residential school system win compensation in class-action suit
Dec. 16, 2006 - Toronto Star
TORONTO (CP) — What's been dubbed the largest and most complicated class-action settlement in Canadian history has been settled in favour of the thousands of abused former students of Canada's controversial aboriginal residential school system.
The decade-old dispute with the federal government largely came to an end yesterday after judges in six provinces and the Yukon gave the settlement their stamp of approval, leaving Nunavut and the Northwest Territories as the only jurisdictions left to approve the deal.
"I think that people are very happy that the courts have unanimously endorsed the settlement as fair and reasonable," said Jon Faulds, an Alberta lawyer who's part of a national consortium of lawyers representing the victims.
"It's the first time in Canadian history that so many courts have been involved in the approval of a class-action settlement. It's an enormous challenge and I think, apart from anything else, it should be hats off to the courts for having found a way to make this work."
While there are about 10,500 individual cases currently before the courts and some 3,000 more in a government alternative dispute resolution program, there's an estimated 80,000 people in total who are entitled to benefits.
The settlement includes a "common experience" payment of, on average, $24,000 which will be available to all former students who were ripped away from their families and sent to various institutions across the country.
The estimated 12,000 to 20,000 people who suffered physical and sexual abuse will be eligible for an additional $5,000 to $275,000 each and could get even more if they can show a loss of income.
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`Hats off to the courts for having found a way to make this work.'
Jon Faulds, Alberta lawyer representing victims
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While all the judges approved the basic provisions of the settlement, some identified a variety of "administrative wrinkles" that will need to be ironed out before the cash begins to flow.
"They are mostly about making sure the court has adequate powers to supervise the settlement as it's being implemented," Faulds said. "The courts want to make sure that adequate resources are devoted to the process to make sure that all of the claims are processed very quickly."
As with any class action lawsuit, there's a two-month window for parties to appeal the court judgment. Toronto lawyer Craig Brown, however, said none are expected in this case.
"We believe that compensation for the wrongs committed in the Indian residential school system will start to flow in the middle of next year," Brown said. "And that's great, great news for everybody."
Brown said judges in the territories need a bit more time to write up their decisions because of the travelling they're required to do in their daily work. They're likely to complete their judgments over the holidays and submit them to the court in early January.
The deal also includes $125 million for the aboriginal healing fund, $60 million for a truth and reconciliation process to document the history and legacy of government-run Indian residential schools and $20 million for commemorative projects.
The most controversial aspect of the settlement is an estimated $100 million set aside for legal fees.
When all is said and done, it's expected the federal government will have forked over as much as $5 billion in restitution.