I Was Abused in a Residential School

From the latter part of the 19th century until late into the 20th century, the Government of Canada and various churches operated Residential Schools for aboriginal children throughout Canada. For a large portion of that time, aboriginal parents were compelled to send their children to these schools, thereby

removing the children from their communities and their culture. In addition, many students were subjected to physical, sexual and psychological abuse while attending Residential School.

For years, a person had to sue in court to get compensation for abuse suffered in Residential School. Now, the federal government provides compensation through its Resolution and Individual Affairs Sector of Indian and Northern Affairs Canada (“INAC”).

The program offers two types of specific compensation:

• Common Experience Payment-this is payable to all former students of residential schools. You are entitled to $10,000 for your first year (or part of a year) of residence plus $3,000 for each additional year of residence, regardless of the level of abuse you may have suffered.
• Independent Assessment Process-under this process, a victim of physical, sexual or psychological abuse at Residential School may apply for additional compensation based on the severity and frequency of the abuse.

First Steps

1. Because bringing up this past may be difficult, make sure you have emotional and psychological support. You may wish to contact the Indian Residential School Survivors Society, at 1-800-721-0066. (See Indian Residential School Survivors Society in Part 2 of this Guide for contact and website information. The Society provides counselling services and referrals to other services near you.
2. Get and complete an application for a Common Experience Payment from Indian Residential Schools of Indian and Northern Affairs Canada (IRSINAC). [See Indian Residential Schools of Indian and Northern Affairs Canada, in Part 3 of this Guide for contact and website information, including an online application form.
3. If you personally suffered physical, sexual or psychological abuse at Residential School, get and complete an application for the Independent Assessment Process from Indian Residential Schools IRSINAC. [See Indian Residential Schools of Indian and Northern Affairs Canada in Part 2 of this Guide for contact and website information, including an online application form.] It is a good idea to get a friend, counsellor or advocate assist you with completing this application.

What happens next?

Common Experience Payment: IRSINAC will verify the years that you attended Residential School and process a payment. If they have any questions, they will contact you. There is currently a backlog of applications, so the payment may not come for several months.

Independent Assessment Process: Your application will go to an adjudicator who will hold a hearing to decide how much compensation you are entitled to. IRSINAC says that this hearing is not intended to challenge your claim, but just to ensure they have all the facts. You can be represented by a lawyer at this hearing and IRSINAC will contribute to your legal fees.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• Indian Residential Schools of Indian and Northern Affairs Canada.
• Indian Residential School Survivors Society.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this Guide. Make sure you bring copies of all documents relating to your case.

Funding is available through IRSRC to assist clients in completing applications and paying lawyers to assist with claims hearings. Ask about these services when you contact IRSRC.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."