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 a Residential School.

For years, a person had to sue in court to get compensation for abuse suffered in a Residential School. Now, the federal government and various church entities provide compensation through the Indian Residential Schools Settlement Agreement (Settlement Agreement).

The Settlement Agreement offers two types of specific compensation:

• Common Experience Payment (CEP): A CEP is payable to all former students of Residential Schools who were alive on May 30, 2005. Former students are entitled to $10,000 for their first school year (or part of a school year) of residence, plus $3,000 for each additional school year (or part of a school year) of residence, regardless of the level of abuse that may have been suffered. The deadline for CEP applications expired on September 19, 2011 but the Settlement Agreement allows for late applications to be filed until September 19, 2012 in exceptional circumstances; see step #2 below.

• Independent Assessment Process (IAP): Under the IAP process, a victim of certain types of sexual or very serious physical or psychological abuse at a Residential School may apply for additional compensation based on the severity and frequency of the abuse.

First steps

1. Because bringing up the 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. The Society provides counselling services and referrals to other services near you. You may also wish to contact Health Canada's Indian Residential School Mental Health Support Program at 1-877-477-0775, or the National Indian Residential School Crisis Line at 1-866-925-4419.
2. If you have not already done so, get and complete an application for a Common Experience Payment. The deadline for CEP applications expired on September 19, 2011 but the Settlement Agreement allows for late applications to be filed until September 19, 2012 in cases of disability, undue hardship and exceptional circumstances. A letter explaining the delay will also be required. You can get a CEP application:
   • at any Service Canada office,
   • by calling the CEP Response Centre at 1-866-565-4526, or
   • from Aboriginal Affairs and Northern Development Canada (AANDC); see the Resource List for contact and website information for AANDC, including an online application form.
3. If you personally suffered physical, sexual or psychological abuse at a Residential School, get and complete an application for the Independent Assessment Process. You can get an IAP application and Guide:
   • from Aboriginal Affairs and Northern Development Canada; see the Resource List for contact and website information, including an online application form, or
   • by calling the IAP Adjudication Secretariat toll-free Info Line at 1-866-879-4913.

All of the parties to the Settlement Agreement recommend that IAP claimants have a lawyer assist them through the process. Most IAP lawyers do not charge for their services unless their client is successful with their claim. The federal government contributes towards the payment of legal fees, and all legal fees are capped and subject to review by the adjudicator to make sure they are fair and reasonable. If you choose not to be represented by a lawyer, it is a good idea to get a friend, counsellor or advocate to assist you with completing the IAP application. They cannot, however, "represent" you at a hearing.

What happens next

Common Experience Payment

After receiving your CEP application, the federal government 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.

If your CEP application is denied in full or in part, you may submit a request for reconsideration to the federal government. If you are not satisfied with the result of the reconsideration process, you can request an appeal to the National Administration Committee. Any requests for reconsideration or appeal should be filed promptly. To inquire about the reconsideration and appeal processes, you can call the CEP Response Centre toll-free at 1-866-565-4526.

Independent Assessment Process

Decisions about IAP compensation are made by independent adjudicators. Once your IAP application is accepted into the process, the Secretariat communicates with you or your lawyer about all the steps required before a hearing is scheduled. Claimants have to gather and submit various documents which may help demonstrate how the abuse they suffered affected them. The federal government will provide information and documents about the claimant, the alleged perpetrator, and the Residential School.

A private hearing (meeting) is then held where the adjudicator speaks respectfully with the claimant about their experiences. In some cases, the adjudicator will send the claimant for a medical or psychological assessment to help with the decision-making process. Claimants are not "on trial" and are not cross-examined by lawyers for the federal government, the churches or the alleged perpetrator.

Where to get help

See the Resource List for a list of helpful resources. Your best bets are:

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

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

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