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Indian Residential Schools Settlement Questions & Answers - September 20, 2007

The Indian Residential Schools Settlement Agreement has been approved.

Questions & Answers: Common Experience Payment
September 20, 2007

The Indian Residential Schools Settlement Agreement (IRSSA) has been approved and will be implemented on September 19, 2007. The IRSSA is the largest, most comprehensive settlement in Canadian History and includes:

• A Common Experience Payment (CEP) to former Indian Residential School students who resided at a recognized Indian Residential School and were alive on May 30, 2005 or their estate if they passed away after that date.

• An Independent Assessment Process (IAP) to allow those who suffered sexual or serious physical abuses, or other abuses that cause serious psychological effects to get between $5000 and $275,000 each, or more money if they can prove a loss of income: and

• To benefit former students and families: $125 million to the Aboriginal Healing Foundation to extend existing healing programmes; $60 million for a Truth and Reconciliation Commission which will document and preserve the experience of survivors; and $20 million for national and community commemorative projects.

1. What is the Common Experience Payment?

The CEP is a payment that recognizes the experience of having resided at a recognized Indian Residential School.The CEP is an amount of $10,000 for the first year or part year spent in residence, and an amount of $3,000 for each additional year or part year in residence.

2. Who is eligible to receive the Common Experience Payment?

All former Indian Residential School students who resided at a listed Indian Residential School(s) and who were alive on May 30, 2005 are eligible to apply for the CEP. Family members who were not students will not get payments.

3. How do I apply for the Common Experience Payment?

Applications for the CEP are available as of September 19, 2007. Copies of the CEP application can be obtained using any of the following methods:

• If you Requested a Claim form during the opt out period, the CEP application will be mailed to you automatically from the Notice Administrator.
• Pickup at Service Canada Centres and on the Service Canada Web site: www.servicecanada.gc.ca. Call Service Canada through its toll-free CEP line at: 1-866-699-1742 for general inquiries or to locate the Service Canada Centre nearest you.
• A copy of the CEP application can be accessed on the Notice Administrator web site at: www.residentialschoolsettlement.ca
• The Assembly of First Nations will also make the CEP application available on our website at: www.afn.ca
• To request an application form for the Independent Assessment Process, please call: 1-866-879-4913

Important things to remember:

• Completed CEP applications must be mailed to the address indicated on Page 6 of the application form. Applications cannot be accepted via email, internet or fax. For assistance in completing your application call Service Canada at: 1-866-699-1742.
• Before you mail in your application, make a photocopy and keep it for your own records.
• You only need to fill in and mail one application form. If more information is needed to process your application, you will be contacted.

4. Do I have to fill out this new application if I already applied for the Advance Payment?

Yes. Any eligible Elder who previously applied for and received an advance payment, is required to complete and mail an application for the CEP. The $8,000 advance payment you received will then be deducted from your CEP. Elders that were approved for the Advance Payment Program should have their applications processed very quickly.

Even if you applied for the Advance Payment and did not receive a payment, you should still apply for the CEP as there are now alternate methods in place to verify your attendance and an appeal process will now be available to you.

5. Will I need a copy of my school records to apply for the Common Experience Payment?

No, former students do not need to obtain a copy of their school records in order to apply for their CEP. The Government of Canada will verify eligible former students’ residency at listed Indian Residential Schools.

If more information is needed from you to validate your application you will be contacted.

If you are not satisfied with the response you receive, the IRSSA gives you the right to appeal the decision. The appeal process includes all parties to the IRSSA, including representatives of former students.

6. Do I need to hire and pay a lawyer to apply for the Common Experience Payment?

No, you will not need to hire or pay a lawyer to apply for the CEP. There is a list of lawyers who signed the IRSSA who have agreed to provide assistance with your application for the CEP at no charge. The CEP application should be simple enough for most survivors to complete it on their own or with the assistance of a trusted family member or friend. If you need assistance in completing the application form, please call Service Canada at: 1-866-699-1742
For a list of lawyers listed on the IRSSA please call: 1-866-879-4913 or visit: www.residentialschoolsettlement.ca

7. How long do I have to wait for my Common Experience Payment after the Government receives my application?

From the day the Government receives your completed CEP application and supporting identity documents in the mail; their goal is to process payment to you within 60 business days. If there is a problem verifying your application you will be contacted and it may take longer.

8. What about former students who have passed away?

The IRSSA states that all former students who were alive on May 30, 2005, will be eligible for the CEP. If they passed away before May 30, 2005, there is no legal basis for the Government to compensate on their behalf.

9. What if the former student passed away after May 30, 2005, who should apply for them?

The answer depends on whether or not the deceased person had a will. If they had a will, the “executor” named on the will would apply for the CEP on their behalf. The CEP would then go to the estate through the executor and would be distributed according to the directions on the will.

If there is no will, the CEP would be distributed to the estate according to the rules set out under applicable provincial or federal legislation. A next of kin would apply to start this process. To apply for the Common Experience Payment as a Personal Representative or Estate, you need to fill out a separate application. To access or request a copy of the “Common Experience Payment Application for Personal Representative or Estate” please visit: www.servicecanada.gc.ca or call Service Canada at 1-866-699-1742.

For more information on wills and estates, please contact the law society for your province.

10. Will the Common Experience Payment be taxable and will it affect any Provincial or Social Assistance Benefits I am receiving?

The Common Experience Payment or compensation through the Independent Assessment Process is not taxable income for Canada Revenue Agency.

There will be no Federal Government claw backs for maintenance payments, as the system is not set up for this, however, a bank account can have a lien put on it by an enforcement order. CEP or IAP payments cannot be garnished. The payments are not considered income and will not impact, Old Age Security, Social Assistance or Employment Insurance.

11. Am I eligible to apply for the Common Experience Payment if I have already settled my claim through either litigation or the Alternative Dispute Resolution (ADR) process or a pilot project?

Yes, all former IRS students that may have received a settlement in a pilot project or in the Alternative Dispute Resolution (ADR) or litigation are still eligible for the Common Experience Payment.

Former IRS students who received a settlement in either a pilot project or ADR process may also be eligible for compensation under the new Independent Assessment Process. You should see the lawyer that represented you to determine if you are eligible for additional compensation.

Former IRS students who received only a 70% payment of their settlement through a pilot project or ADR process will now receive their additional 30% payment.

12. What if the school/institution I resided at is not on the list of recognized Indian Residential Schools?

A list of recognized Indian Residential Schools is outlined in the IRSSA and is available at: www.residentialschoolsettlement.ca . If you would like to request that an additional Residential School be added to the list of recognized schools you can complete your request online at: www.residentialschoolsettlement.ca or call 1-866-879-4913.

If you have already submitted a school to be researched you will be contacted within 60 days, after September 19, 2007, and informed of a decision or if more research is required. If the school you suggested was not added to the list of eligible schools, you can appeal the decision.

13. I attended a listed Indian residential school only during the day and did not reside at the residence will I be eligible for the Common Experience Payment?

To be eligible to receive the CEP you had to have lived at the listed Indian Residential School.

If you attended a listed Indian Residential School only during the day and were permitted on the school grounds for sports, music lessons or other activities and were seriously abused on the school grounds, you may be eligible to file an abuse claim under the Independent Assessment Process (IAP). For more information on the IAP please visit www.residentialschoolsettlement.ca or call 1-866-879-4913.

14. What about those who attended Indian Day Schools, are they eligible to apply for compensation?

No, the IRSSA recognizes only the experience of those students who resided at a listed Indian Residential School(s). We recognize that others may also have experienced pain and suffering, but abused Indian Day School students must consider launching a separate civil action in order to seek redress and compensation.

15. What about the Truth & Reconciliation Commission, and the Commemoration and Healing Funds?

All components of the IRSSA will be implemented and will be administered by Indian Residential School Resolution Canada beginning on September 19, 2007. For more information please visit their website at: www.irsr-rqpi.gc.ca

16. What should I do if I feel someone is trying to take advantage of me to get money from my Common Experience Payment?

Dishonest people or businesses may pressure you into giving away your money or buying their products in illegal ways. If you feel you are being forced by family, businesses or people you are not sure of, there is help for you. Here are some important phone numbers for you to call if you need help:

• Your local police or RCMP Detachment
• Crime Stoppers: 1-800-222-TIPS (8477) Only if you have information on a crime or know of a crime committed on someone else and do not want to give your name.

If you have additional questions that were not answered in this Questions & Answers document, please call the Notice Administrator for the Residential School Settlement toll free at:
1-866-879-4913
Or visit their website at:
www.residentialschoolsettlement.ca