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Section II: Analysis of Program Activities by Strategic Outcome

Analysis by Program Activity

Strategic Outcome

The Department has one strategic outcome which is to advance reconciliation among former students of Indian Residential Schools and the Government of Canada.

Program Activity: Resolution of claims

The Department has one program activity which is the resolution of claims associated with the operation of the former Indian Residential School system. The Department focuses all its efforts on this program activity via the operation of the National Resolution Framework and the implementation of the Settlement Agreement. In this reporting year, the Department continued to prepare the transition from the operation of the National Resolution Framework to the successful implementation of the Settlement Agreement.

Financial Resources

Planned Spending	Authorities	Actual Spending
$592.6	$623.1	$519.9

Human Resources

Planned	Actual	Difference
604 FTEs	456 FTEs	148 FTEs

Alternative Dispute Resolution

Almost all claims in 2007-08 were handled via the Alternative Dispute Resolution process. The Alternative Dispute Resolution process is a voluntary and confidential process designed to be a timely, fair and safe way for claimants to resolve validated physical and sexual abuse claims, including wrongful confinement claims, outside of the litigation process. Applications for claimants who are 60 years and older and/or are in failing health are given priority. The Alternative Dispute Resolution process involves an application process and private hearings before an independent adjudicator. The Adjudicator, as an independent decision-maker, is responsible for setting compensation awards within an established compensation framework. The claimant has the option to accept the award, appeal the decision or pursue litigation.

The Department continued to accept Alternative Dispute Resolution applications until the final court Approval Date of the Settlement Agreement September 19, 2007, after which point applications were no longer received into the existing process. Alternative Dispute Resolution applications received on or before the expiration of the Approval date for which a hearing had not been set as of the Implementation Date which alleged only physical abuse will continue to be processed under the Alternative Dispute Resolution Model unless the claimant elects to transfer it to the Independent Assessment Process. Any application which included an allegation of sexual abuse was transferred to the Independent Assessment Process unless the claimant, within 60 days of receiving notice of the proposed transfer, elected in writing to remain in the Alternative Dispute Resolution Process.

The Department settled 1,286 Alternative Dispute Resolution claims during 2007-2008.

Litigation

Some claimants chose to resolve their claims through litigation rather than through the Alternative Dispute Resolution Process or the Independent Assessment Process. The Department represents the Government of Canada in Indian Residential Schools claims and works closely with Justice Canada to resolve claims for those who opted-out prior to entering the trial stage. Counsel for claimants in litigation who are elderly or who are ill may approach the Department to seek expedition in the resolution of their claims out of court. Litigation is dependent on the rules of the Court and its schedules.

The Department settled 372 litigation claims for the period of April 1, 2007 to September 19, 2007, the date for the implementation of the Settlement Agreement.

Resolution Health Support Program

The Resolution Health Support Program delivered by Health Canada provides a variety of flexible “frontline” safety supports and coordination services directly to Indian Residential Schools survivors involved in both the Alternative Dispute Resolution process and the litigation process. Services include access to mental health counselling sessions, on-site emotional health supports by trained Aboriginal health providers, and transportation costs to traditional healers, to ensure that former students and family members have access to appropriate levels of counselling and mental health supports. Indian Residential Schools Resolution Canada funds a 24-hour crisis support line that is operated by trained Aboriginal crisis support workers.

Although Indian Residential Schools Resolution Canada has overall responsibility for the National Resolution Framework, the Resolution Health Support Program component is delivered and funded by Health Canada.

Common Experience Payment

A Common Experience Payment is paid to every eligible former student living on May 30, 2005, the day the negotiations were initiated, who resided at a recognized Indian Residential School. The Settlement Agreement stipulates that $1.9 Billion be set aside for the direct benefit of former Indian Residential Schools survivors. Subject to verification, each eligible former student who applies will receive $10,000 for the first year or part of a year of residence as well as an additional $3,000 for each subsequent year or part of a year of residence. Funds remaining after eligible students have received their entitlement from the $1.9 Billion Designated Amount will be provided to Aboriginal education foundations with the intention of supporting learning needs of Aboriginal students.

The Government of Canada (IRSRC) has reached an agreement with all provinces and territories, and all federal departments to ensure that payments to former students provided for in the IRSSA do not affect social assistance or other benefit payments. Settlement payments will not be subject to income taxes.

An appeal mechanism is available to any applicant who has been non-approved under the Common Experience Payment process. While Service Canada is responsible for delivering and reporting to Parliament on expenditures related to the Common Experience Payment, the Department provides research support for verification of student residence. The Department also provides the required documentation for appeals.

As at March 31, 2008, $1.19B had been paid representing 61,473 cases.

Independent Assessment Process

As part of the Settlement Agreement, the Independent Assessment Process (IAP) was developed to provide a non-adversarial adjudication of individual claims of abuse arising from or connected to the IRS system. The IAP is intended to resolve claims of sexual and serious physical abuse, as well as other wrongful acts which have caused serious psychological consequences to the claimant.

Former students of an IRS who did not opt-out of the IRSSA and former residents who were abused after being permitted on the premises of an IRS by a staff member to take part in an authorized activity while they were under 21 years old can apply for the IAP.

While the IAP adopts some features of the former Alternative Dispute Resolution process (ADR), it is managed and operated in an independent fashion. Moreover, there are many parts of the IAP that improve the former ADR process. Prominent among its enhancements is the IAP’s increased range of compensation. The former ADR process is no longer accepting applications and is resolving its final claims.

Any ADR application which included an allegation of sexual abuse was transferred to the IAP unless the claimant, within 60 days of receiving notice of the proposed transfer, elected in writing to remain in ADR. ADR claims that were not eligible for transfer to the IAP remain in the ADR and will be resolved under the former ADR model.

The IAP is the new framework for claim resolution. Claimants that have not made or settled a claim may apply to the IAP for resolution of their claims of residential schools abuse.

The IRSSA places strict obligations on the Adjudication Secretariat and the deadline for receiving IAP applications is September 19, 2012.

During the ramp up period (from Sept. 19, 2007 to Mar. 19, 2008), major efforts were made at the Indian Residential Schools Adjudication Secretariat (IRSAS) to develop business processes and staff up in order to prepare hundreds of files for which a hearing will be scheduled within the prescribed 9 month period.

For the 12 month period following March 19, 2008, and every year thereafter, the Secretariat must process at least 2,500 claims. In addition, in accordance with the Settlement Agreement, the first 2,500 applications admitted to the IAP must have a hearing scheduled within a 9 month period (December 19, 2008), or shortly thereafter. Beyond the 1^st year of implementation, all claims admitted are subject to the 9 month rule for scheduling a hearing.

Due to the large influx of ADR claims in anticipation of the settlement agreement the Adjudication Secretariat focused efforts on processing DR claims. The Secretariat also used the ramp up period to increase staff resources and to implement processes and procedures for IAP claims. The Secretariat processed (hearings held) 1461 ADR Claims and 24 new IAP claims in the 07/08 fiscal year. On March 31, 2008, it had a total inventory of 2,780 IAP claims.

Indian Residential Schools Truth and Reconciliation Commission

The IRSSA includes the establishment of an Indian Residential Schools (IRS) Truth and Reconciliation Commission to contribute to truth, healing and reconciliation. The objectives of the IRS Truth and Reconciliation Commission include the following: to acknowledge Indian Residential Schools experiences; to promote and facilitate truth and reconciliation events at both the national and community levels; to develop as complete an historical record as possible of the Indian Residential Schools system and legacy; to promote awareness and public education of Canadians about the Indian Residential Schools system and its impacts; and to support commemoration initiatives of former Indian Residential Schools survivors and their families.

The Chair of the IRS Truth and Reconciliation Commission and two other commissioners were appointed in June 2008. The IRS Truth and Reconciliation Commission will be established in accordance with its duties under the IRSSA.

Commemoration

Commemoration is a way of honouring, celebrating and paying tribute to former students by acknowledging their experiences and the broader systemic impacts of the Indian Residential Schools system. A total of $20 million will be available for funding of regional and national commemoration initiatives over five years. Former students of Indian Residential Schools, their families, communities or other groups will be able to submit proposals for commemoration initiatives to the IRS Truth and Reconciliation Commission following its inception.

Although $2M in commemoration was planned for 2007-08, it was not spent as the IRS Truth and Reconciliation Commission had not yet been established.

Contributions of Church Entities

Church entities involved in the administration of Indian Residential Schools will contribute up to a total of $100 million in cash and services toward healing initiatives. The Department has been working with the Church entities and the Assembly of First Nations on Healing and Reconciliation Services as mandated under the IRSSA. These Committees will ensure that in-kind services and admissible programs and grants of monies are directed to healing and reconciliation for former Indian Residential Schools students and their families.

Phase II Notice Plan

Phase II of the Notice Plan, as outlined in Schedule K of the IRSSA, announced the final Court approval of the Agreement and the beginning of the 150-day Opt-Out period. Phase II also outlined the IRSSA’s benefits, described how and when former students can exercise their legal rights (including the right to opt-out of the agreement) and provided information about the claims application process. This was done through a number of communications tools including regional and national television, radio, and print advertisements, advertisements on the Aboriginal People’s Television Network, and direct mailings of information to Band Offices, Tribal Council Offices, and Friendship Centres. Phase II also used the information hotline and website that was created during Phase I of the Notice Plan and featured an enhanced outreach component.

As of March 31, 2008, the Phase II Notice Plan was completed.

Aboriginal Healing Foundation

The Aboriginal Healing Foundation is an Aboriginal operated, not-for-profit Corporation operating independently of Government. The Government issued $125 million through a grant and contribution to the Aboriginal Healing Foundation in order for it to continue addressing healing needs of Aboriginal people affected by the legacy of Indian Residential Schools through community based projects.

Legal Fees

The IRSSA establishes a framework for the payment of legal fees for counsel who are members of the National Consortium, the Merchant Law Group or who have a retainer agreement or substantial solicitor-client relationship with Eligible Common Experience Payments recipients. The Settlement Agreement sets aside $100 million for the payment of legal fees.

Governance and Administration of the Settlement Agreement

The IRSSA is the result of a class action settlement which binds all parties as approved by the Courts. There will be no possibilities for derogation and the Courts have the authority to make the Government of Canada accountable for breaches of the IRSSA within its responsibilities.

Indian Residential Schools Resolution Canada is the lead Department for the administration of programmatic elements within the IRSSA and shares program delivery responsibilities with Health Canada and Service Canada.

Indian Residential Schools Resolution Canada is responsible for the administration of the Independent Assessment Process; the implementation of the Indian Residential Schools Truth and Reconciliation Commission; the Commemoration Program; and the transfer of a $125 million endowment for a five year period to the Aboriginal Healing Foundation in accordance with the Funding Agreement included in the Settlement Agreement. Health Canada will be responsible for delivery of the Resolution Health Support Program and Service Canada for the delivery of the Common Experience Payment. In addition, Indian Residential Schools Resolution Canada will participate in the work of Church committees responsible to ensure that admissible in-kind programs and services are directed to healing and reconciliation for former students of Indian Residential Schools and their families.

The administrative concerns raised by five Courts have been addressed through the appointment of an amicus curiae, or 'friend of the court'. This person funded by the Government and has authority to monitor Canada’s compliance with the IRSSA. The amicus curiae has the authority to make non-binding recommendations, with recourse to the Courts in case of disagreement in relation to compliance. The Government has undertaken to provide full access to the amicus on the administration of the Common Experience Payment and Independent Assessment Process for the sole purpose of reporting to the Courts. In short, the amicus’ role is limited to retrieval of information and reporting to the Court. It will have no authority to direct the Government or make binding recommendations to the Government. By contrast, the Court, upon receipt of advice and information from the amicus, could require parties to the IRSSA to comply with the terms of the IRSSA if it appears there is non-compliance. This is, in any event, a part of the Court’s residual or ongoing supervisory role pursuant to the various provincial class actions legislation.

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