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

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{{Template:Legal Help Guide TOC}}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. Now, the federal government and various church entities provide compensation through the Indian Residential Schools Settlement Agreement (Settlement Agreement).
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).
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#* at any Service Canada office,
#* at any Service Canada office,
#* by calling the CEP Response Centre at 1-866-565-4526, or  
#* by calling the CEP Response Centre at 1-866-565-4526, or  
#* from [[Indian Residential Schools of Aboriginal Affairs and Northern Development Canada | Aboriginal Affairs and Northern Development Canada]] (AANDC); see the [[Resource Guide]] for contact and website information for AANDC, including an online application form.]  
#* from [[Indian Residential Schools of Aboriginal Affairs and Northern Development Canada | 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 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 Guide]] 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.   


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.
{{Tipsbox
| width = 90%
| tips = 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. 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 ==
== 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.
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.


== Where to get help ==
== Where to get help ==


See the [[Resource Guide]] for a list of helpful resources. Your best bets are:


See the Resource Guide in Part 2 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]].
  Aboriginal Affairs and Northern Development Canada.
* [[Access Justice]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]].


  Indian Residential School Survivors Society.
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.
 
  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.
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