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

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


# 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.  
#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.  
 
# 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. 


#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 exceptional circumstances. 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 Guide]] for contact and website information for AANDC, including an online application form.] 


#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.
#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.
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== What happens next ==
== 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.
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.
ALSO:
Inquiries about the reconsideration and appeal processes can be directed to the CEP Response Centre toll free at 1.866.565.4526.
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. 
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.
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.
   
   
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