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Difference between revisions of "I Was Abused in a Residential School"
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I Was Abused in a Residential School (view source)
Revision as of 19:34, 13 April 2013
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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 | {{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. | ||
For years, a person had to sue in court to get compensation for abuse suffered in 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 (Settlement Agreement). | ||
The Settlement Agreement offered two types of specific compensation: | |||
*'''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 process, 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. | |||
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| text = '''Important Notice:''' The final deadline for late CEP | | text = '''Important Notice:''' The final deadline for late CEP applications was September 19, 2012 and is now passed. <br> | ||
| smalltext = | | smalltext = | ||
}} | }} | ||
== First steps == | == First steps == | ||
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#* from Aboriginal Affairs and Northern Development Canada; see the Resource List for <span class="noglossary">contact</span> and website information, including an online <span class="noglossary">application</span> form, or | #* from Aboriginal Affairs and Northern Development Canada; see the Resource List for <span class="noglossary">contact</span> and website information, including an online <span class="noglossary">application</span> form, or | ||
#* by calling the IAP Adjudication Secretariat toll-free Info Line at 1-866-879-4913. | #* by calling the IAP Adjudication Secretariat toll-free Info Line at 1-866-879-4913. | ||
#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 contact a lawyer to see if an action can be brought in civil court. The rules, procedures and standards of the IAP are not applicable in this instance." | |||
{{Tipsbox | {{Tipsbox | ||
| width = 90% | | width = 90% | ||
| tips = All of the parties to the Settlement Agreement | | tips = All of the parties to the Settlement Agreement recommended 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 <span class="noglossary">application</span>. They cannot, however, "represent" you at a hearing. | ||
}} | }} | ||