Media.Knet.Ca

AFN Press release ...

Assembly of First Nations National Chief Phil Fontaine Statement Regarding Appeal by Attorney General of Canada on Residential Schools Settlement Approval by Saskatchewan Court

OTTAWA, Jan. 17 - "We are very disappointed to learn that the Attorney General of Canada has appealed part of a Regina Court decision to approve the Indian residential school class action lawsuit. We strongly encourage the Government of Canada and the Saskatchewan Court to sever this legal issue so that the $1.9 billion settlement process can proceed without further delay in settlement payments for survivors."

"We have now heard from all nine courts. All agree the settlement agreement is fair and just. Some courts have raised some concerns that need to be addressed immediately to ensure survivors get their money in a timely fashion. Compensation payments for the approximately 80,000 residential school survivors should likely begin later this summer."

"We want to emphasize to the courts and the government the importance of getting this historic settlement completed in a timely matter. Many of the survivors, who are elderly and sick, are dying at a rate of four a day. We all agree we want to see an end to this sad chapter of Canadian history."

"The courts certification also means the Truth Commission will be starting its work next summer. The Truth 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 actions be tolerated in Canada."

"A comprehensive communications outreach plan to inform survivors of their rights to compensation is expected to begin once the court certification process is completed."

--National Chief Phil Fontaine

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

For further information: contact: 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, (613) 241-6789 ext. 243, cell (613) 298-6382, npine@afn.ca.
 
+++++++++++++

From http://www.cbc.ca/canada/saskatchewan/story/2007/01/17/residential.html

Ottawa fights decision on residential school legal fees
January 17, 2007 - CBC News

Visit http://www.classactionservices.ca/IRS/Phase/PDFs/DOJNoticeofAppealSask.pdf to see the Attorney General of Canada's notice of appeal.

Courts across Canada have approved a multibillion-dollar residential school deal, but Ottawa wants to appeal part of one decision relating to a Regina lawyer's fees.

Canada's attorney general filed documents with the Saskatchewan Court of Appeal, seeking to appeal a ruling about the fees of a Regina lawyer.

And that isn't going over well with Assembly of First Nations National Chief Phil Fontaine, who's worried about delays in getting money to former residential school students.

"We are very disappointed," Fontaine said in a news release Wednesday.

"We strongly encourage the government of Canada and the Saskatchewan court to sever this legal issue so that the $1.9-billion settlement process can proceed without further delay in settlement payments for survivors."

Saskatchewan Queen's Bench Justice Dennis Ball ruled last month that the Merchant Law Group, headed by Tony Merchant, should receive $25 million to $40 million, with the exact amount to be negotiated or decided through the courts.

Merchant, a Regina lawyer, has represented thousands of former residential school students and has argued he deserves to be fairly compensated.

However, the attorney general of Canada says Ball made legal errors and wants the legal fees portion of his decision set aside. The government applied to the Saskatchewan Court of Appeal for leave to appeal this week.

The residential school agreement is designed to bring closure to a painful chapter in Canadian history. Some 80,000 aboriginal Canadians attended residential schools in the 20th century. The schools were typically run by churches but were the responsibility of the federal government.

More than 12,000 former students have filed lawsuits alleging various forms of abuse, including physical and sexual.

The deal offers $10,000 to each former student for the first year attended at a residential school, plus $3,000 for each year after that. Worth an average of $25,000 per student, this segment of the deal is worth $1.9 billion. The deal also offers extra compensation to students who were physically or sexually abused while students.

Reconciliation process
The entire deal, which also includes money for memorial projects and a reconciliation process, is estimated to cost between $4 billion and $5 billion, according to court documents filed in Saskatchewan.

The deal had to be approved by courts in nine jurisdictions across Canada.

Earlier this month, the Supreme Court of the Northwest Territories, the last of the nine to weigh in, announced it had approved the proposed compensation package.

All nine judges agreed the package is a reasonable settlement.

+++++++

NDP condemns government’s stall tactics regarding residential school compensation - Wed 17 Jan 2007

DUNCAN, BC – Jean Crowder, MP for Nanaimo Cowichan and the NDP’s critic for Aboriginal Affairs expressed her dismay at the Conservative government’s appeal of the residential school settlement decision in a Regina court.

“All nine courts across Canada had ratified this settlement agreement and survivors were finally expecting to see some compensation for the abuse and loss of culture they suffered at residential schools. Ordinary Canadians understand this is a grave injustice.” said Crowder.

“Now the Conservative government is slowing down the whole process by appealing the agreement on lawyer’s fees. That is not fair to the First Nation, Métis and Inuit families affected by residential schools,” said Crowder.

“People are waiting for the Common Experience Payment, but they’re also waiting for the Truth Commission to start its work, so all Canadians can hear what happened behind the doors of these schools. And First Nations, Metis and Inuit are all waiting for an apology from the Prime Minister for this assimilationist policy,” said Crowder.

“At the least, the Department of Justice lawyers and the courts in Regina should agree to deal with this matter separately from the rest of the agreement. The Residential Schools Agreement is a step forward in recognizing the ill-treatment of Aboriginal peoples in Canada. It should not face any further delays,” said Crowder.