ARCHIVED - RPP 2007-2008
Indian Residential Schools Resolution Canada

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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.

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 coming implementation of the Settlement Agreement. In this reporting year, the Department continues to prepare 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 Resolution Health Support Program.

Alternative Dispute Resolution

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 will continue to accept Alternative Dispute Resolution applications until the final court Approval Date, after which point applications will no longer be 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 will be dealt with in the following way. Any application which alleges only physical abuse will be processed under the Alternative Dispute Resolution Model unless the claimant elects to transfer it to the Independent Assessment Process. Any application which includes an allegation of sexual abuse will transfer to the Independent Assessment Process unless the claimant, within 60 days of receiving notice of the proposed transfer, elects in writing to remain in the Alternative Dispute Resolution Model.

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.

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 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 Resolution 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 and implementation fiscal year.

Implementation of the Settlement Agreement

The Settlement Agreement is a class action settlement and binds all parties upon approval by the Courts. Once approved, there will be no possibilities for derogation and the Courts 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 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.

In recognition of the age of many former students and in recognition of the length of time required for the approval of the Settlement Agreement, the Advance Payment Program was launched on May 10, 2006, in advance of the Common Experience Payment, for eligible former Indian Residential Schools students 65 years of age or older when the Settlement Agreement negotiations began May 30, 2005. The Program has ended. Over 10,000 applications have been processed for payments of $8,000 each.

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 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 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 or part of a 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 or other benefit payments. Settlement payments will not be subject to income taxes.

An appeal mechanism will be available to any applicant who has been non-approved 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 residence. 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 the Independent 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 of Canada in all cases, following validation of the claim by an independent adjudicator.

The Department continues to prepare for the transition from the current Alternative Dispute Resolution process to the Independent Assessment Process in anticipation of final Court approval of the Settlement Agreement. Transition management involves 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 process.

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 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 School system and legacy; to promote awareness and public education of Canadians about the Indian Residential School 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 establish 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 of Indian Residential Schools , 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 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 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.

Phase II Notice Plan

Phase II of the Notice Plan, as outlined in Schedule K of the Settlement Agreement, will announce the final Court approval of the Agreement and the beginning of the 150-day Opt-Out period. Phase II will also outline the Settlement Agreement's benefits, describe how and when former students can exercise their legal rights (including the right to opt-out of the agreement) and provide information about the claims application process. This will be 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 will also use the information hotline and website that was created during Phase I of the Notice Plan and will feature an enhanced outreach component.

Aboriginal Healing Foundation

The Aboriginal Healing Foundation is an Aboriginal operated, not-for-profit Corporation operating independently of Government. The Government will be issuing a grant of $125 million to the Aboriginal Healing Foundation in order for it to address healing needs of Aboriginal people affected by the legacy of Indian Residential Schools and to establish complementary linkages to other health / social programs and services (federal/provincial/territorial/Aboriginal) over the next 5 years.

Legal Fees

The Settlement Agreement 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 administrative concerns raised by five Courts are being addressed through the appointment of an amicus curiae, or 'friend of the court'. This person will be funded by the Government and will have authority to monitor Canada's compliance with the Settlement Agreement. The amicus curiae will have the authority to make non-binding recommendations, with recourse to the Courts in case of disagreement in relation to compliance. The Government will undertake to provide full access to the amicus on the administration of the Common Experience Payment and Independent Assessment Process and for the sole purpose of reporting to the Courts. In short, the amicus's role would be limited to retrieval of information and reporting to the Court. It will have no authority to direct the Government nor make binding recommendations to the Government. By contrast, the Court, upon receipt of advice and information from the amicus, could require parties to the Settlement Agreement to comply with the terms of the Settlement Agreement 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.

Financial and Human Resources

2007 - 2008 ($ millions)	2008 - 2009	2009 - 2010
592.6	294.8	285.6

 

2007 - 2008 (FTEs)	2008 - 2009	2009 - 2010
604	559	605

Program Activity by Strategic Outcome

	2007-2008 Expected Results	2007-2008 Planned Spending	2008-2009 Planned Spending	2009-2010 Planned Spending	Contributes to the following priority
Strategic Outcome: To advance reconciliation among former students of Indian Residential Schools and the Government of Canada.
Program Activity: Resolution of claims	340 Litigation settlements, 1,500 Alternative Dispute Resolution decisions, and 500 Independent Assessment Program decisions based on a Settlement Agreement Implementation Date of November 01, 2007.	$592.6M	$294.8M	$285.6M	Priority Numbers 1, 2 and 3

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 340 litigation claims for 2007-2008 and expects 1,500 decisions Alternative Dispute Resolution claims.

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 will bring resolution to former Indian Residential Schools students, their families, and their communities and will contribute to healing and strengthening of relationships with Aboriginal peoples.

The Settlement Agreement sets-out performance commitments for the Independent Assessment Process that Canada will be required to meet. Beginning six months after the implementation date, Canada must provide sufficient resources to process 2,500 claims per year, if such an inventory exists. In addition, each claimant will be offered a hearing date within nine months of being admitted to the process by the Independent Assessment Process Secretariat.

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 social outcomes: Healthy Canadians and Safe and Secure Communities, by contributing to improved health of Aboriginal peoples and to safe, stable, and sustainable Aboriginal communities.

 

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