ARCHIVED - RPP 2006-2007
Indian Residential Schools Resolution Canada

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

SECTION II – ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME

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.

Financial and Human Resources

2006-2007 ($ millions)	2007-2008	2008-2009
208.6	-*	-*

2006-2007 (FTEs)	2007-2008	2008-2009
300.0	-*	-*

*Note: Once court approved, the Government will provide adequate resources to fulfil its obligations under the Settlement Agreement.  New funding and authorities will be sought for the 2007-2008 and 2008-2009 fiscal years.

Program Activity

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

Operation of the National Resolution Framework

The National Resolution Framework has been the central vehicle to achieve the Department's program activity and planned results of resolution of Indian Residential Schools claims since 2003.  The National Resolution Framework offers two resolution streams – Alternative Dispute Resolution and Litigation (with the option to settle out of court or to proceed to trial), and includes a Mental Health Support Program.  

Alternative Dispute Resolution

Alternative Dispute Resolutionprocess 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.  Alternative Dispute Resolutioninvolves 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 will continue to accept Alternative Dispute Resolution applications until the court Approval Date, after which point applications will no longer be received into the existing process.  It is expected that some claimants will move their claims to the new Independent Assessment Process.

Litigation

Not all claimants choose to resolve their abuse claims through the Alternative Dispute Resolution process.  The Department of Justice represents the Government of Canada in Indian Residential Schools claims and continues to work to resolve claims prior to entering the trial stage.  Counsel for claimants in litigation who are elderly or ill may approach the Department of Justice to seek expedition in the resolution of their claims out of court.  Resolution of litigation claims is a more time consuming process since the Government has little control over the pace of litigation and is largely dependent on the rules of the court and court schedules.

Mental Health Support Program

The Mental Health Support Program delivered by Health Canada provides a variety of flexible "frontline" safety supports and coordination services directly to former students involved in 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 Mental Health Support Program component is delivered and funded by Health Canada. 

The Department will continue to resolve claims within the scope of the National Resolution Framework and will continue to improve and monitor the programs, activities and services under the current National Resolution Framework in this transition fiscal year.

Implementation of the Settlement Agreement

The Settlement Agreement is a class action settlement and will bind all parties upon approval by the courts.  Once approved, there will be no possibilities for derogation and the courts will have the authority to make the Government

of Canada accountable for breaches of the Settlement Agreement within its responsibility.  Indian Residential Schools Resolution Canada is the lead Department for the administration of programmatic elements within the Settlement Agreement and will share program delivery responsibilities with Health Canada and Service Canada.

Indian Residential Schools Resolution Canada will be responsible for the administration of the Independent Assessment Process; the implementation of the 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 Mental Health Support Program and Service Canada for the delivery of the Common Experience Payment.  In addition, Indian Residential Schools Canada will participate in the work of the Church entities which are responsible for programs and services directed to healing and reconciliation for former Indian Residential Schools students and their families.

A court-approved notification program has begun which includes media advertisements, direct mail, a toll free line and a web site.  Courts across Canada will hold public hearings to consider whether the settlement is fair, reasonable, and in the best interests of former Indian Residential Schools students.  Former students and their families may speak at one of the hearings.  Pending court approval, theDepartment is preparing for the transition from the operation of the existing National Resolution Framework to the implementation of the Settlement Agreement. 

The Department has begun delivery of the Advance Payment program launched in May 2006 for eligible former Indian Residential Schools students 65 years of age or older as of May 30, 2005 to ensure that elderly former students may receive a tangible acknowledgement of their experience as soon as possible in advance of the proposed Common Experience Payment.  Applications for Advance Payments will be accepted until

December 31, 2006.

Programmatic Components of the Settlement Agreement

Common Experience Payment

A Common Experience Payment will be paid to every eligible former student living on May 30, 2005, the day thenegotiations 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 students.  Subject to verification, each eligible former student who applies would 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 of residence.  If there are funds remaining after eligible students have received their entitlement from the $1.9 Billion, these funds will be provided to Aboriginal education foundations with the intention of supporting learning and development for Aboriginal individuals and communities. 

The Government of Canada is working with provinces and territories, and all federal departments to ensure that payments to former students provided for in the Settlement Agreement do not affect social assistance payments. Settlement payments will not be subject to income taxes.

An appeal mechanism will be available to any claimant who has been rejected under the Common Experience Payment process.  While Service Canada will be responsible for delivering the Common Experience Payment, the Department will provide research support for verification of student attendance.  The Department will also provide the required documentation for appeals.

Independent Assessment Process

For a period of five years following the implementation date of the Settlement Agreement, an enhanced alternative dispute resolution process called theIndependent Assessment Process will be the only mechanism by which a former student may pursue a claim for sexual or serious physical abuse, unless he or she has formally opted out of the Settlement Agreement.  Compensation through the Independent Assessment Process will be paid at 100% by the Government in all cases, following validation of the claim by an independent adjudicator.

The Department is preparing for the transition from the current Alternative Dispute Resolution process to the Independent Assessment Process in anticipation of court approval of the Settlement Agreement.  Transition management will involve preparing the new Independent Assessment Process organizational structure and ensuring the financial and operational requirements for implementation of the Settlement Agreement and the necessary transition measures from the National Resolution Framework processes. 

Truth and Reconciliation Commission

The Settlement Agreement includes the establishment of a Truth and Reconciliation Commission to contribute to truth, healing and reconciliation.  The objectives of the Truth and Reconciliation Commission include the following: to acknowledge Indian Residential School 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 students and their families. 

The Department will undertake all necessary actions in order to implement the Commission in accordance with its duties under the Settlement Agreement.

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 School system.   A total of $20 Million will be available for funding of regional and national Commemoration initiatives.  Former students, their families, communities or other groups will be able to submit proposals for Commemoration initiatives to the Truth and Reconciliation Commission following its inception. 

Contributions of Church Entities

Church entities involved in the administration of Indian Residential Schoolswill contribute up to a total of $100 Million in cash and services toward healinginitiatives.  The Department has begun working with the Church entities and the Assembly of First Nations as a member of the Catholic Healing and Reconciliation Service Evaluation Committee mandated under the Settlement Agreement.  This Committee 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. 

Expected Results of Program Activity

The Department will continue to resolve claims through the existing National Resolution Framework during the transition period.  The Department forecasts the settlement of 500 litigation claims for 2006-2007 and expects the settlement of 1000 Alternative Dispute Resolution claims at current productivity rate for 2006/2007.

The Advance Payment Program is proceeding as planned. A total of 13,000 former students are expected to request access to the Program.  The Department expects to process all claims applications within the allocated timeframe.  Applications for Advance Payments will be accepted until December 31, 2006.

The Settlement Agreement, once approved, is expected to resolve all outstanding class action suits and the majority of individual litigation claims save for former students who opt out.  The Settlement Agreement brings closure to former Indian Residential Schools students, their families, and their communities and contributes to healing and strengthening of relationships with Aboriginal peoples.

The Settlement Agreement specifies that Independent Assessment Process claims will be processed at a rate of 2,500 per year from the six month anniversary of the Implementation Date.  Canada will be required to provide resources sufficient to process the claims at the rate at which they are received, and within the timeframe set out in the Settlement Agreement.

The Settlement Agreement will provide the establishment of the Truth and Reconciliation Commission and increased funding for Commemoration projects with the following goals: enhance the well-being of former students, their families and communities; bring closure to the Indian Residential Schools experience; and help former students, their families and communities to move forward.  In addition, it is expected that Commemoration projects will foster enhanced community interaction, cultural pride and self-esteem, sense of acceptance and understanding of others. 

The Department's program activity contributes to the realization of the Department's strategic outcome of advancing reconciliation among former students of Indian Residential Schools and the Government of Canada and aligns with the Government of Canada's outcomes of improved health of Aboriginal peoples and safe, stable, and sustainable Aboriginal communities as highlighted in Canada's Performance 2005 – The Government of Canada's Contribution.

• Previous Page
• Table of Contents
• Next Page