Difference between revisions of "I Was Abused in a Residential School"

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| text      = '''Important Notice:''' The final deadline for late Common Experience Payment (CEP) applications and to apply for the Independent Assessment Process was September 19, 2012 and is now passed. <br>
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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.
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. Then the federal government and various church entities agreed to provide compensation through the Indian Residential Schools Settlement Agreement.
For years, a person had to sue in court to get compensation for abuse suffered in a Residential School. Then, between 2007 and 2012 the federal government and various church entities agreed to provide compensation through the Indian Residential Schools Settlement Agreement. The Settlement Agreement provided for a '''Common Experience Payment''' based on the number of years a survivor attended the school, and compensation for certain types of sexual or serious physical or psychological abuse through an '''Independent Assessment Process'''. The deadlines for applying for Common Experience Payments and compensation through the Independent Assessment Process have now passed, so:
 
* If you applied for compensation through the Independent Assessment Process, you have to follow through with that process.  You cannot sue in court.
The Settlement Agreement offered two types of specific compensation:
* If you did not apply for compensation through the Independent Assessment Process, you may still be able to sue in court for compensation for the abuse you suffered, even if you did apply for or receive a Common Experience Payment.
*'''Common Experience Payment (CEP):''' All former students of Residential Schools who were alive on May 30, 2005 were entitled to a CEP. Former students were entitled to $10,000 for their first school year (or part of a school year) of <span class="noglossary">residence</span>, plus $3,000 for each additional school year (or part of a school year) of <span class="noglossary">residence</span>, regardless of the level of abuse that may have been suffered. The deadline for CEP <span class="noglossary">application</span>s expired on September 19, 2011 but the Settlement Agreement allowed for late applications to be filed until September 19, 2012 in exceptional circumstances.
*'''Independent Assessment Process (IAP):''' Under the IAP, a victim of certain types of sexual or very serious physical or psychological abuse at a Residential School could apply for additional compensation based on the severity and frequency of the abuse. The deadline for applying for the IAP was September 19, 2012.  


== First steps ==
== First steps ==


#Because bringing up the past may be difficult, make sure you have emotional and psychological support. You may wish to <span class="noglossary">contact</span> 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 <span class="noglossary">contact</span> Health Canada's Indian Residential Schools Resolution Health Support Program at 1-877-477-0775, or the National Indian Residential School Crisis Line at 1-866-925-4419.
Speak with a lawyer that practices “personal injury” law. Many of them are listed on the internet or in the yellow pages of the phone book. Some of them do not charge for the first interview, but you need to ask about that when you make your appointment.
#It is no longer possible to submit a claim under the Independent Assessment Process. If you opted out of the Settlement Agreement before August 20, 2007, you may still be able to sue in civil court for abuse that would have been compensable under the IAP. If you did not opt out of the Settlement Agreement and did not submit an IAP application by the deadlines above, you may wish to <span class="noglossary">contact</span> a lawyer to see if an action can be brought in civil court.


== What happens next ==
== What happens next ==


=== Common Experience Payment ===
In order to advise you properly, the lawyer will have to ask you personal questions about the abuse, especially the type of abuse, when and where it took place and when you first started thinking about it as an adult. The lawyer needs to ask these questions to make sure that you are not too late to sue because of ''Limitation Act'' in the Province or Territory where the abuse occurred.
After receiving your CEP <span class="noglossary">application</span>, the federal government <span class="noglossary">will</span> verify the years that you attended Residential School and process a payment. If they have any questions, they <span class="noglossary">will</span> <span class="noglossary">contact</span> you.  
 
If your CEP <span class="noglossary">application</span> 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===
Some lawyers take personal injury cases on a '''contingency fee''' basis, meaning that they will only collect fees if your case is successful. Ask about that possibility at your interview.
Decisions about IAP compensation are made by independent ''adjudicators''. Once your IAP <span class="noglossary">application</span> 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 <span class="noglossary">will</span> 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 <span class="noglossary">will</span> send the claimant for a medical or psychological assessment to help with the <span class="noglossary">decision</span>-making process. Claimants are not "on trial" and are not cross-examined by lawyers for the federal government, the churches or the alleged perpetrator.
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 Schools Resolution Health Support Program at 1-877-477-0775, or the National Indian Residential School Crisis Line at 1-866-925-4419.


== Where to get help ==
== Where to get help ==
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* [[Indian Residential Schools of Aboriginal Affairs and Northern Development Canada]].
* [[Indian Residential Schools of Aboriginal Affairs and Northern Development Canada]].
* [[Indian Residential School Survivors Society]].
* [[Indian Residential School Survivors Society]].
* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]].
* Call [[Lawyer Referral Service]] and ask to be referred to a personal injury lawyer. They may also be able to connect you with lawyers who are listed as dealing with sexual assault.
* [[Access Pro Bono]], , and [[Private Bar Lawyers|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.
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.
   
   
{{REVIEWED | reviewer = [[Pierre Bisbicis]], February 2013}}
{{REVIEWED | reviewer = [[David Paterson]], April 2017}}


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