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: 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.

• Independent Assessment Process: Under the IAP process, a victim of certain types of sexual or very serious physical 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 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; additional contact information can be found in the Resource Guide. 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.

1. If you have not already done so, get and complete an application for a Common Experience Payment 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 Aboriginal Affairs and Northern Development Canada, in Part 3 of this Guide for contact and website information, including an online application form.] Inquiries about the reconsideration and appeal processes can be directed to the CEP Response Centre toll free at 1.866.565.4526.

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. Disputes about the CEP can be resolved by submitting a request for "reconsideration" to the federal government and, if still not satisfied, by filing an appeal to the National Administration Committee. Any requests for reconsideration or appeal should be filed promptly.

1. If you personally suffered physical, sexual or psychological abuse at Residential School, you can get an application from and “Guide” for the Independent Assessment Process from AANDC. [See Aboriginal Affairs and Northern Development Canada in Part 2 of this Guide for contact and website information, including an online application form.] You can also contact the IAP Adjudication Secretariat Help Line at 1-866-879-4913. All of the parties to the Settlement Agreement recommend that IAP claimants have a lawyer to help them through the process. Most IAP lawyers do not charge for their services unless their client is successful with their claim. The federal government makes a substantial contribution towards the payment of legal fees. All legal fees are capped and also subject to review by the adjudicator to make sure that they are fair and reasonable. Statistics show that claimants who are represented by a lawyer receive higher awards of compensation even after legal fees are deducted. 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 this application. They cannot, however, “represent” you at a hearing.

Decisions about IAP compensation are made by independent adjudicators.  The process begins with a written application form.  Claimants then 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.

What happens next

Common Experience Payment: 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. Disputes can be resolved as described above. Independent Assessment Process: applications are submitted to the IAP Adjudication Secretariat. Once accepted into the process, the Secretariat communicates with you or your lawyer about all of the steps that are required to be completed before a hearing is scheduled. IAP claimants with good legal representation often have their hearings within a year of submitting their applications and payments are often made within three to five months after that. Some claims can be expedited due to the health or age of the claimant. Other claims can take longer to get through the process, particularly complicated claims or claims involving additional steps such as medical or psychological assessments. A reputable and experienced lawyer can give a more accurate time estimate based on the particular claim.

Where to get help

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

 Aboriginal Affairs and Northern Development 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."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

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

(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.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

(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.

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."

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."

The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

(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."