Implementation of the Indian Residential Schools Settlement Agreement

Information Update on the Common Experience Payment
(From September 19, 2007 to March 31, 2012)

The CEP Application deadline was September 19, 2011

1. Latest Statistics about the Common Experience Payment

97% of the 80,000 estimated former students eligible for the Common Experience Payment (CEP) under the IRSSA have received payment. A number of applications for the CEP are still under review.

Applicants' Information

• The deadline for applying for the CEP was September 19, 2011. CEP applications can be considered for up to one year after September 19, 2011, in situations where former students can establish that they were unable to submit their application due to disability, undue hardship or exceptional circumstances. No application will be accepted after September 19, 2012. Application forms or information can be found by contacting 1-866-879-4913 or on Service Canada's website  .
• If your address has changed since you applied for the CEP and you have not received correspondence since submitting your application, it is important that you advise the CEP Response Centre of this change by calling 1-866-565-4526. With your permission, they will also ensure the change is noted at Service Canada.

Overall Guiding Principle

• As the Administrator and Trustee of the Common Experience Payment Designated Amount Fund, Canada is subject to the principles negotiated by the parties and ratified by the supervising courts for the validation of all applications. Canada has adhered to those principles in the assessment of all applications received to date.

Eligibility

• To be considered eligible, one must have been a resident at a recognized Indian Residential School under the IRSSA.

Assessment Principles

• All CEP applications are reviewed to ensure that those entitled to receive CEP are compensated.
• In each stage of the CEP process (initial application, reconsideration or appeal) and when necessary, AANDC will contact applicants to gain clarification or additional information surrounding their residential school experience to help with the research assessment.
• The process accommodates the reality that some case records may be incomplete; and when information is ambiguous or incomplete, interpretation favours the Applicant.
• Applications are not approved based on the applicant's declaration of residence alone.
• In all stages of the CEP process, the elderly (65+) and seriously-ill applicants receive priority.

2. Challenges

Challenge # 1 - CEP Applicants are being assessed as ineligible due to missing records.

CEP applications are not determined to be ineligible due to missing records; there are several internal processes which uphold the CEP assessment principles and favour the applicant.

3. CEP Remainder

• 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.
• If less than $40 million remains in the trust after all Common Experience Payments are made, there will be no entitlement to Personal Credits, and the balance will be divided between the National Indian Brotherhood Trust Fund and the Inuvialuit Education Fund.
• On January 27, 2012, the Courts approved a governance model and the appointment of three education experts (representing Canada, the Assembly of First Nations and Inuit Representatives) are currently in the process of developing terms and conditions for personal credits.

Information Update on the Independent Assessment Process
(From September 19, 2007 to March 31, 2012)

IAP applications accepted until September 19, 2012 (No application will be accepted after that date)

The Indian Residential Schools Adjudication Secretariat (Secretariat) and Aboriginal Affairs and Northern Development Canada (AANDC) are making good progress in resolving claims under the Independent Assessment Process (IAP).

1. Latest Statistics about the Independent Assessment Process:

Overall Guiding Principles

• The Independent Assessment Process (IAP) is a claimant-centred, non-adversarial, out of court process for the resolution of claims of sexual abuse, serious physical abuse, and other wrongful acts suffered at Indian Residential Schools.
• The IAP is one element of the IRSSA, which aims to bring a fair and lasting resolution of the legacy of residential schools. The court-approved IRSSA was negotiated by representatives from various Aboriginal organizations, church representatives, legal representatives for former students, and the Government of Canada.
• The IRSAS remains committed to implementing and administering the IAP under the direction of the Chief Adjudicator in an independent, objective and impartial manner.
• All parties to the IRSSA encourage claimants to be represented by legal counsel.

2. Current Service Standards for Processing IAP Claims (March 2012)

• Initial Admissions Review (all cases) by Crawford:
  • Objective: 90% within 10 days from reception
  • Current processing time: 98% within 10 days from receipt of Application
  
  
• Secondary Admissions review (20% of cases not admitted at initial review) by the IRSAS:
  • Objective: 22 business days from reception
  • Current: 14 business days from reception
  
  
• Submission of documents by AANDC:
  • Objective: 165 days
  • Current processing time: 80 days average
  
  
• Hearings scheduled by the IRSAS:
  • Current: inventory of 442 "ready to schedule" files
  • Objective: offer hearing within 40 calendar days after file readiness, depending on party availability
  • Current: 58% offered hearing within 40 calendar days subject to party availability
  
  
• Decisions by Adjudicators:
  • Objective: 90% of decisions issued within 51 calendar days following final submissions
  • Current: 73% of Regular form decisions are issued within 51 calendar days following final submissions
  
  
• Payment of awards by AANDC:
  • Objective: 80% paid within 20 days after the review period
  • Current (Quarter 4): 84% paid within 20 days after the review period

3. Challenges

Challenge #1 – Mandatory Document Delays

• The largest source of delay in the hearings process is the submission of mandatory documents by the parties (claimant/claimant counsel & Canada). Currently, 3,009 claims have been in the document collection stage for more than nine months. Of these, 2,042 files are with legal counsel or claimants that are self-represented, 43 are with Canada and 924 are on hold for other reasons.
• The IAP commonly relies on medical, workers' compensation, income, corrections and educational documents to support the claims and these documents must be submitted before a hearing date is offered. The IRSAS continues to examine ways to help the parties improve their document production.

Challenge #2 – High Volume of Applications

• On average, 430 applications are received each month. Historically, about 92% of applications are admitted to the process.
• The projected number of IAP applications has increased from 12,500 to 25,000-30,000.
• The IRSAS and AANDC are taking steps to ensure that all files are processed in a timely manner. All claims admitted into the IAP by September 19, 2012 will be processed.

Challenge #3 – Decision Delays

• The Chief Adjudicator and the IRSAS are working together to reduce the delays in release of decisions. The Short Form Decisions are released quickly and there have been improvements to the release of decisions in cases that do not require psychological/medical assessments or witness hearings.
• Claims that require psychological/medical assessments or witness hearings require much more time to move from the claimant hearing stage to the decision stage. For example, a medical assessment (which requires a report to be written) can add 150 days or more. While these processes are being streamlined, the time required will continue to be significant.

Challenge #4 – Scheduling Delays

• Cancellations and postponements: requests by parties to postpone scheduled hearings affect other hearing-ready files waiting to be scheduled. The IRSAS has recently introduced new policies and procedures aimed at reducing the number of hearing postponements.
• Availability of parties: if one or more party is not available or does not respond to requests for availability, this results in a delay for scheduling hearing-ready files.
• High volume of expedited files: at times a high volume of expedited requests for ill claimants, which take precedence over scheduling other hearing-ready files, can add to delays.
• Location of requested hearing: every effort is made to schedule hearings in blocks; when the preferred location for a hearing cannot be blocked, it can affect how quickly a hearing can be scheduled.

Other Updates on the Implementation of the Indian Residential Schools Settlement Agreement From September 19, 2007 to March 31, 2012

Requests to add new Indian Residential Schools to the Indian Residential Schools Settlement Agreement (IRSSA)

• To date, 9,371 people have asked for 1,484 distinct institutions to be added to the IRSSA. The following six institutions have been added to the IRSSA by the Government of Canada and an additional two have been added by the Courts, bringing the total number of recognized institutions to 138:
  
  
  • St. Paul's Hostel, Yukon (Sept. 1, 1920 to June 30, 1943)
  • Anahim Lake Dormitory, British Columbia (Sept. 1, 1968 to June 30, 1977)
  • Cote Improved Federal Day School, Sask. (Sept 1, 1928 to June 30, 1940)
  • Battleford Industrial School, Sask. (Dec. 1, 1883 to May 31, 1914)
  • Fort George Hostels, Quebec (Sept. 1, 1975 to June 30, 1978)
  • Wawanosh Home, Ontario (January 1, 1879 and August 5, 1892)
  • Stirland Lake High School (Wahbon Bay Academy) (September 1971-June 1991
  • Cristal Lake High School (Sept. 1, 1976 to June 30, 1986)
• Requests can still be made to have an institution added to the IRSSA.
• Article 12 of the IRSSA sets out a two-part test that is used to assess each requested institution to determine if it should be recognized as an Indian Residential School.
• Requesters not satisfied with Canada's decision can challenge the decision by applying to the appropriate court (one of the nine jurisdictions that approved the IRSSA).

Notice Plan

• A fourth notice plan to remind former students of the September 19, 2012 deadline to apply for the Independent Assessment Process (IAP) was launched on March 24, 2012. This notice plan is expected to reach 82% of Aboriginal adults over the age of 25 and, combined with the previous notices in 2006, 2007, and 2011 over 98% of the target population will be reached an average of 14 times.
• Pursuant to a decision made by the Ontario Superior Court of Justice, Stirland Lake and Cristal Lake Schools have been added to Schedule "F" of the IRSSA.
  
  
  • The Government of Canada will proceed with a court ordered notice plan to target former students of these schools to ensure they do not miss application deadlines, which is September 19, 2012 for CEP and IAP.
  • This notice plan will appear in local newspapers, on the radio and in a mail-out to known students who attended these two schools.

Outreach

• The Advocacy and Public Information Program (APIP) which began in 2007, is a contribution funding program managed by AANDC to encourage the sharing of information and ensure that the Aboriginal community, particularly former students and their families, are aware of all aspects of the Indian Residential Schools Settlement Agreement, including CEP and IAP. Other objectives include supporting healing and reconciliation, with a particular focus on youth and intergenerational issues.
• In 2011/2012, Aboriginal Affairs and Northern Development Canada (AANDC) provided $5.351 million in APIP funding to 30 partner organizations.
• APIP funding has been extended for 2012/2013 with an additional $3 million, bringing the total since its inception in 2007/2008 to $25 million.
• The Indian Residential Schools IRSAS has provided 278 community information sessions since 2008.
• The IRSAS's outreach strategy targets communities where a significant gap exists between the number of CEP claimants and the number of IAP claims.  As well, the strategy targets populations with limited access to information and support, such as those in correctional and care facilities.

Resolution Health Support Program (Health Canada)

• The Indian Residential Schools Resolution Health Support Program (IRS RHSP) provides mental health and emotional support services to former students and their families before, during and after their participation in Settlement Agreement processes, including:
  
  
  • Common Experience Payments (CEP)
  • Independent Assessment Process (IAP)
  • Truth and Reconciliation Commission (TRC) events
  • Commemoration activities
  
  
• The following services are provided:
  
  
  • Emotional Support: Resolution Health Support Workers to listen, talk and provide support through all phases of the Settlement Agreement process
  • Cultural Support: Elders and/or traditional healers for teachings, ceremonies, dialogue and traditional healing
  • Professional Counselling: Psychologists and social workers that are registered with Health Canada, for individual or family counselling
  • Assistance with transportation may be offered when professional counselling and cultural support services are not locally available.
• For more information on the program and its services, please visit the Health Canada website  .