Indian Residential Schools

Transcription

1 Indian Residential Schools

2 Indian Residential School Settlement Agreement Benefits Update A. 77,406 eligible CEP paid $1,593,802,000 to September 19, 2011, 26,287 applications for re-consideration, 9,282 eligible, 16,875 not eligible, 3,769 appeals to NAC; B. 23,345 IAP claims filed as of October 1, 2011 with 10,547 claims rendered with a total of $1.2 B in compensation paid; C. No additional funds provided, Health Canada to address the gap in service; D. Reports indicate the TRC may require additional funds to fulfill their mandate. There are four more national events planned as well as regional events. E. TRC Survivors Advisory Committee provides advice on commemoration applications, AAND reviews and approves.

3 Governance Structure of the IRSSA Court Supervision & Court Counsel Crawford Class Action Monitors IRSSA answerable to the courts, supervisor authority to ensure compliance with the IRSSA and monitors the administration process including operational measures to improve efficiency, effectiveness or expedition in the administration process. Randy Bennett court counsel for Judges. AFN Representation Kathleen Mahoney NAC The NAC is mandated to interpret and ensure proper implementation of Approval Orders and considers appeals on CEP. Paul Favel IAP The IAP Oversight Committee will monitor the implementation of the IAP and make recommendations to NAC on IAP for effectiveness over time.

4 Independent Assessment Process Update Deadline for IAP applications is September 19, 2012; 12,500 IAP applications were projected initially, revised at 21,000, now projections are 29,000; AFN successful in ACAN bid to provide Aboriginal Assistance Workers (form fillers) to assist with IAP applications; 1, 1,418 IAP are on hold due to claimants legal counsel required documents as of June 30, 2011; Resolution at SCA seeking extension to the IAP deadline and support for Blood Tribe dealing with IAP issues. As at October 1, 2011, approximately 1/3 of all IAP claimants in all regions are over the age of 60 and in poor health. Regional Uptake 11/10/17 BC 3,811 Alberta - 4,754 Saskatchewan 4,074 Manitoba 2,614 Ontario 1,557 Quebec 1,012 New Brunswick 37 Newfoundland/Labrador 4 Northwest Territories 688 Nova Scotia 88 Prince Edward Island 9 Yukon 295 Regions not Indicated 381 TOTAL 19,324

5 Courts legislative obligations to supervise the distribution of IRS settlement proceeds Courts supervisory role The courts role is three fold: 1. To protect the interests of absent class members; 2. To ensure the orverarching principle that those whom the settlement is intended to apply are treated fairly and equitably in the distribution of the award; 3. To ensure the timely and effective distribution of the benefits of the award by the Administrator of the Settlement. Following the October 22, 2011 meeting, Crawford Class Actions, as per protocol in the IRSSA, filed a Request for Direction to The BC courts to begin an investigation into complaints by former IRS students in the IAP process. A hearing was held in Vancouver, November 10, Court Order The monitor will investigate into the processing and circumstances of claims pursuant to the Agreement of claimants represented by Blott & Co. and others for the purposes of determining if there have been breaches of the Agreement or an protocol or court order or Direction. Investigation to be done by Crawford Class Actions as court monitor and will consult with the Blood Tribe; Chief Adjudicator shall provide a monthly written report to the Court through its counsel, Randy Bennett on files going forward from order; Canada will pay to the Monitor all amounts due to Blott Claimants pursuant to the Agreement with 20% to be held in a separate account for the costs of the investigation in the event any order is made respecting payment of the costs of the Investigation.

6 Common Experience Payment Surplus IRSSA provisions for surplus Once all Common Experience Payments are made, if there is more than $40 million remaining in the trust, a maximum of $3,000 in the form of Personal Credits for educational purposes will be distributed to eligible CEP recipients who apply. CEP recipients can choose to transfer their Personal Credit to certain family members as per the Settlement Agreement. Terms and conditions will be developed by Canada and the Assembly of First Nations to determine which programs and services and which educational institutions are eligible. Similar sets of terms and conditions will be developed by Canada and Inuit Representatives. Any amount remaining in the trust on January 1, 2015 will be paid to the National Indian Brotherhood Trust Fund and the Inuvialuit Education Fund to be used for educational programs. Update AFN representative Madeline Dion Stout and Government of Canada representative Mike DeGagne and an Inuit representative will draft terms and conditions for the education personal credits. $385,965 M was reported as the CEP surplus as at December 31, 2009; $359,160 M is reported as the CEP surplus as at December 31, 2010; Total interest calculated to December 31, 2010 is $32,120.00; NIB Trust Fund Trustees that will serve a three year term are Phillip Fontaine (Chair), Betty Patrick (BC), Jennifer Wood (MB), Rickey Fontaine (QC), Tom Bressette (ON) and Bill Erasmus (NWT). The following will serve a two year term, Jaime Battiste (NS/PEI), Chief Candice Paul (NB/NFKL), Bernard Shepherd (SK), Laverna McMaster (AB), and Chief Rick O Brien (YK).

7 Addition of Indian Residential Schools New additions would qualify for CEP and IAP Update There are 1,447 requests to add IRS schools to the list of eligible schools under the Settlement Agreement. Thus far, the following schools have been added: 1. St. Paul s Hostel, Dawson City, Yukon for the years September 1920 to June 1943; 2. Anahim Lake Dormitory, Anahim, British Columbia for the years September 1968 to June 1977; 3. Cote Improved Federal Day School, Kamsack, SK for the period September 1928 to June 1940; 4. Battleford s Industrial School for the period December 1, 1883 to May 31, Fort George Hostels, Quebec, (September 1, 1975 to June 30, 1978) 6. Wawanosh Home, Ontario, (January 1, 1879 and August 5, 1982) 7. Stirland Lake (Wahbon Bay Academy), Stirland Lake, Ontario ( ) 8. Cristal Lake, Stirland Lake, Ontario ( ) Appeals There is no deadline for applications to have a school added to the list of recognized IRS. Applications currently before the courts include: 1. Lacorne (boarding school issue); 2. Coqualeetza Indian Hospital; 3. Mistassini Hostels; 4. Lac La Biche IRS; 5. Teulon IRS.

8 Day Scholar/Day School The IRS Day Scholars currently are not members of the IRSSA Class, however they are included in the Agreement as non resident claimants if they have claims that fit the criteria for the Independent Assessment Process. Under terms of the Agreement they are not eligible to make claims for the Common Experience Payment (CEP). The AFN IRS, regional representatives and AFN legal counsel representing the AFN met with the National Advisory Committee (NAC) on November 25, 2010 in Vancouver, B.C. The NAC made it clear that it is not the appropriate venue to address the exclusion of Day Scholars and the Chair's response was that the issue was outside of the NAC's mandate. The AFN will continue to advocate for and support any proposals or class action for redress for Day Scholars/Day School students.