Many Canadians remember their school experiences with some measure of fondness or varying degrees of distaste. But for many aboriginal Canadians, their memories of school involve physical, psychological, or sexual abuse.  Thousands of children were forced to live in and attend Indian Residential Schools (IRS) in Canada, beginning in the early to mid 19^th century. While no longer compulsory after 1948, many schools continued to operate until the last one closed in 1996. The Canadian government oversaw these schools in order to assimilate Indian children into European culture, teach them English and convert them to Christianity; however, the government used existing schools which had already been set up by missionaries of various denominations in Canada.

   In the past several years, the Government of Canada has recognized the harm that has come to individuals and to aboriginal Canadians in general because of the abuse and loss of culture and language. On June 11, 2008 Prime Minister Stephen Harper issued an apology on behalf of the Government of Canada on national television. The government has also set up a Truth and Reconciliation Commission to contribute to truth, healing, and reconciliation.

  Former attendees of Residential schools have sued the Government of Canada and a settlement agreement came into effect on September 19, 2007, after a drawn-out class action suit.  Under the settlement, each person proving that he or she attended one of the recognized Indian Residential Schools as a resident receives $10,000, plus $3,000 for each year that he attended. A large number of individuals have settled and have received this Common Experience Payment. Individuals have until September 19 2011 to apply for this portion of the settlement.

    A second component to the IRS settlement called the Independent Assessment Process (IAP) is still ongoing. The IAP was negotiated by the parties to the IRS settlement as a way to deal with those attendees of the residential schools who were seriously physically abused or sexually abused while at the school.

    The IAP provides additional compensation (up to $525,000) to individuals who suffered specific serious abuses at a residential school, above and beyond those covered by the Common Experience Payment (CEP). Compensation is available for sexual abuse, serious physical assaults, and certain other wrongful acts which caused serious psychological consequences for the individual.

    IRS attendees can make an IAP application if they are a former resident of an Indian Residential School, and they did not opt-out of the settlement agreement which created the IAP; or, if they are not a former resident, but were abused after being permitted on the premises of an IRS by a staff member to take part in an authorized activity and were under 21 years of age at the time of the abuse. In order to receive compensation, they must not have already been compensated for their abuse claim

    The IAP process is independent of the courts and government. It involves a neutral hearing, which often occurs at a hotel or other appropriate venue. An independent adjudicator is assigned to each case, and each application is decided on its own merits, following the model that was negotiated under the settlement. The manner of proving a claim is similar to the standards used in our courts, but adapted to the difficult circumstances.

    The IAP Secretariat and all of the parties who developed the IAP believe that claimants should have a lawyer to represent them. The IAP Secretariat claims that it has made every effort to create a process that is easy to use, safe, accommodating, and respectful for all participants. However, the IAP is complex and involves difficult legal concepts and processes. Applicants can advance their claim without a lawyer, but the Secretariat strongly recommends that applicants choose a lawyer to help them. If an applicant decides to hire a lawyer to represent them throughout the entire process and they are successful in being awarded compensation, the government will add 15% to the award to help pay legal costs. Applicants are responsible for paying any additional amount if they have agreed to pay their lawyer more than 15%.  Reasonable and necessary out-of-pocket expenses incurred related to the application will also be paid for by the IAP fund.

    Letourneau Law, a law firm with offices in Lethbridge and Raymond, has assisted a number of local Native clients with their IAP applications. The deadline for making an IAP application is September 19, 2012.  It is strongly recommended that applications be submitted quickly to avoid long backlogs in administration.  Aboriginal Health Support Workers and an IAP Hotline are available to all applicants at every step of the process.

    A separate class-action suit was launched in Manitoba in July 2009 for students of Residential Day Schools.  Letourneau Law is currently in the process of joining itself and several of its clients to that suit. More information can be found at www.lelaw.ca and www.irsr-rqpi.gc.ca.

 Adam Letourneau is owner of Letourneau Law.