Resolving complaints from former students of Indian residential schools is getting trickier as time goes on. The federal government has been sending out $8,000 compensation cheques to former students over the age of 65, but has rejected numerous claimants, saying there isn't any proof they attended a residential school. To make matters worse, the first of nine provincial court hearings, held in Toronto at the end of August and required to okay the federally-approved Indian Residential Schools Settlement Agreement, criticized the process.
As reported in the Anglican Journal, Justice Warren Winkler, who has handled class action suits regarding the Walkerton E. coli disaster and the Red Cross' hepatitis C-tainted blood scandal, questioned whether there are enough human and financial resources to handle the caseload. Based on his past experiences, he said it is unrealistic to think that many of the cases will “be cleaned up in one day.”
“These are serious practical questions,” he said. “I know what works and what doesn't … I have to be satisfied that you can deliver on your promises. You have to show me that resources can match the demand. You want people to take these cases seriously. If there are complaints, they'll come back to me. Who will hear the appeals?”
Government lawyers said the agreement assumes 2,500 cases will be heard every year in the Independent Assessment Process, which hears cases involving serious claims of physical and sexual abuse. There are currently 10,000 cases involving physical and sexual abuse in courts across Canada and 5,000 in the Alternative Dispute Resolution process. It is estimated that it will take about six to eight years to finish the compensation process entirely.
In July, a roundtable group discussed the government's rejection to provide a common experience payment to some former students and the lack of an appeal process to remedy the situation. Rev. Stephen Kendall, principal clerk of The Presbyterian Church in Canada, said although he was unable to attend the roundtable meeting, he is aware of the situation.
“We know about it, we share the concern and understand it's a difficult issue,” Kendall told the Record. “We understand that it is being addressed by the government and the courts as the overall settlement agreement proceeds to certification.”
He said churches may have a role to play in remedying the situation, but it is too early to say exactly how.
The Presbyterian Church in Canada is responsible for claims related to two former residential schools — Cecilia Jeffrey in Kenora, Ont., and Birtle in Manitoba. The church has a total of 246 cases consisting of physical or physical and sexual abuse. The church has already paid more than $540,000 for 30 of those claims.
The federal government approved a $1.9-billion settlement package in May that provides a common experience payment to all former students of Indian residential schools. Each student is to receive $10,000, plus $3,000 for every year of attendance. Separate compensation for cases of serious physical and sexual abuse will still be given. Former students over the age of 65 began receiving advance payment of $8,000 in June. The government package also includes funding for healing and commemoration programs and a Truth and Reconciliation Commission, a joint endeavour of churches and government.
The official court website — www.residentialschoolsettlement.ca — has information on the settlement process. Directed at former students and their families it lists dates for those who might want to participate in the hearings. – AM with files from the Anglican Journal
