The Presbyterian Church hopes to meet with a new federal government representative working on resolving claims of former residential schools students. Mr. Justice Frank Iacobucci is mandated by the government to help resolve claims in a fair and equitable way so that the claimants can move towards healing. He will work with former students, as well as legal counsel for those students, legal counsel for churches and the Assembly of First Nations. "We're looking forward to meeting with Justice Iacobucci to see where we can be helpful in bringing resolution, healing and closure for the claimants, who have waited so long," said Rev. Stephen Kendall, the church's principal clerk.
Kendall said he's particularly interested in working ecumenically towards Iacobucci's broader mandate of commemoration, developing truth and reconciliation processes and looking at improvements to the Alternative Dispute Resolution process.
The new announcement does not have an immediate impact on the church's agreement with the federal government. Signed in 2003, the church's liability in residential schools litigation was limited to a maximum of $2.1 million. "Our agreement still stands," said Kendall. "But we're interested in being part of any discussions about possible changes."
The appointment of Iacobucci was precipitated by the signing of a new agreement between the government and the Assembly of First Nations. It outlines the role of each party and how they can work together to resolve claims. "In addition to exploring ways to recognize the residential school experience so that true reconciliation can be achieved," said Justice Minister Irwin Cotler, "these discussions will focus on ensuring that former students have options for pursuing their claims of sexual and serious physical abuse, and on finding ways to support the healing that needs to continue."
Iacobucci has been asked to recommend a settlement package that will address a redress payment for all former students of residential schools, a truth and reconciliation process, community based healing, commemoration, handling legal fees, and an appropriate Alternative Dispute Resolution process that will address serious abuse. His recommendations are expected no later than March 31, 2006.
He has already sought and obtained a delay in the Baxter National Class Action suit until October, so he can negotiate with claimants' legal counsel regarding possible lump sum payments to all former residential schools students and their families. If the suit is certified, the Presbyterian Church's current payment commitments could be affected. In the meantime, the settlement agreement for the Presbyterian Church remains in place so that claimants will continue to receive 100 per cent of any validated claim. – AM
