Question Period Note: Indian Residential Schools

The Indian Residential Schools Settlement Agreement acknowledges a dark chapter of Canada’s history with Indigenous peoples – one that should never be forgotten.
Its objective is to achieve a fair, comprehensive and lasting resolution of the legacy of Indian residential schools
As the implementation of the Agreement comes to its natural end, Canada remains committed to addressing the legacy of the Indian Residential Schools.

For over 100 years, Canada placed Indian children in residential schools until the last federally-operated school was closed in 1997. Over 150,000 children attended these residential schools. The Government of Canada received the first litigation claim for damages in 1990. By 2004, more than 14,000 individual claims and several class actions had been filed and numbers were still increasing. Following negotiations led by former Supreme Court of Canada Justice Frank Iacobucci, in 2006 the Indian Residential Schools Settlement Agreement (IRSSA) was signed by Canada, church entities, the Assembly of First Nations, Inuit Representatives, and legal counsel representing former students of Indian Residential Schools. The IRSSA resolved the largest class action in Canadian history. The goal of the IRSSA is the resolution of the legacy of Indian Residential Schools. It was approved by the Courts in nine jurisdictions across Canada as a “fair and reasonable settlement” for class members.

Five main components of the IRSSA
• Common Experience Payment (includes Personal Credits);
• Truth and Reconciliation Commission (includes Document Disclosure);
• Commemoration;
• Health Supports; and
• Independent Assessment Process (IAP)

Since the implementation of the IRSSA
• Almost 80,000 former students have received a Common Experience Payment, totalling $1.6 billion dollars;
• Over 21,000 former students and their families were provided more than $57 million dollars to support educational opportunities;
• The Truth and Reconciliation Commission issued its final report which will continue to guide the Government’s reconciliation efforts.
• $20 million dollars in funding was set aside to fund 144 commemoration projects; and
• Over 99% of the 38,000 Independent Assessment Process (IAP) claims have been resolved, totalling $3 billion in compensation;

The IRSSA, and particularly the IAP, has faced criticism. This criticism has generally focused on claims which did not receive compensation.

Administrative Split Settlements

‘Administrative Split’ was a technical argument used in the IAP by Canada and accepted by Adjudicators which resulted in less or no compensation being awarded to survivors for abuse they suffered after classroom instruction was separated from the residential portion of some Indian Residential Schools. Following a commitment Minister Bennett made in the House of Commons, Canada began negotiating settlements with affected survivors to ensure they received proper compensation. To date, Canada has paid out an additional $11.4M to affected survivors.

Student-on-Student Settlements

The IAP provides that Canada will pay compensation for student-on-student abuse in certain circumstances, and that Canada will produce admissions which aid survivors in proving those circumstances. Given that Canada’s admissions largely come from IAP decisions, the order in which IAP claims were decided impacted on the compensability of some IAP claims. Following a commitment by Minister Bennet, Canada began negotiating settlements with affected survivors to address this issue. To date, Canada has paid out an additional $5.7M to affected survivors.

Given the advanced state of the implementation of the IRSSA, the Agreement is coming to its natural end.

Addition of Kivalliq Hall

To ensure all students who went to Indian Residential Schools could access compensation, the Indian Residential Schools Settlement Agreement provided for the Courts to add additional Schools under the Agreement.
On April 25, 2019, the Court ordered that Kivalliq Hall in Rankin Inlet, Nunavut be added to the Settlement Agreement.
Students of Kivalliq Hall can make an application to receive all the same compensation under the Indian Residential Schools Settlement Agreement, such as a Common Experience Payment (the CEP), make an application for the Independent Assessment process, and access to healing supports.

Common Experience Payment

The Common Experience Payment or CEP provides compensation to former residents of recognized Indian residential schools.
The CEP application deadline was September 19, 2011. As of June 30, 2019, $1.62 billion in Common Experience Payments have been paid.

Independent Assessment Process

Our Government is committed to justice for survivors and ensuring that all those entitled to compensation receive it.
To date, 99.9 per cent of the 38,000 claims have been resolved in the Independent Assessment Process.

Residential Schools - Student on Student Abuse

The Government has committed to work with Indigenous Peoples toward a fair, comprehensive and lasting resolution for Indian residential school survivors and bringing closure for all those involved.
This commitment includes negotiating settlements with survivors whose claims of student-on-student abuse were previously dismissed or under-compensated.