Statistics on the Implementation of the Indian Residential Schools Settlement Agreement
Information Update on the Common Experience Payment
(From September 19, 2007 to March 31, 2013)
1. Latest Statistics about the Common Experience Payment
99% of the 80,000 estimated former students eligible for the Common Experience Payment (CEP) under the Indian Residential Schools Settlement Agreement (IRSSA) have received payment. A number of applications for the CEP are still under review.
|Projected number of Applications at launch of process||110,000|
|Projected number of Eligible Applications at launch of process||80,000|
|Actual number of Applications Received at Service Canada||105,510|
|Applications Completed at Service Canada (% of received)||102,756 (97%)|
|Applications Eligible for Payment
(including Reconsideration, Amendments and Appeals)
|Applications Not Eligible for Payment
(including Reconsideration, Amendments and Appeals)
|Original amount of the CEP Designated Amount Fund||$1,900,000,000|
|Total Payments (including Advance Payments)||$1,613,419,106|
|Average CEP Payment (including Advance Payments)||$19,412|
|Total Applications for Reconsideration Received||27,565|
|Reconsideration Applications Resolved (% of received)||27,442 (99%)|
|Applications Assessed as Eligible for Payment after Reconsideration||9,597 (35%)|
|Applications Assessed as Not Eligible for Payment after Reconsideration||17,845 (65%)|
|Reconsideration Applications Remaining in Process||123|
|Average Payment for Reconsideration||$8,392|
|Total Appeals to the National Administration Committee (NAC) Received||5,101|
|Appeals to the NAC Resolved (% of received)||4,814 (94%)|
|Applications Eligible for a Payment after Appeal||1,566 (33%)|
|Applications Not Eligible for a Payment after Appeal||3,248 (67%)|
|Appeals to the NAC Remaining in Process||287|
|Average Payment for Appeals to the NAC||$7,801|
|Total Appeals to the Courts Received||657|
|Appeals to the Courts Resolved (% of received)||120 (18%)|
|Applications Eligible for a Payment after Appeal||0|
|Applications Not Eligible for a Payment after Appeal||120|
|Appeals to the Courts Remaining in Process||537|
|Average Payment for Appeals to the Courts||$0|
- The deadline for applying for the CEP was September 19, 2011. CEP applications continued to be accepted until September 19, 2012, in situations where former students could establish that they were unable to submit their application due to disability, undue hardship or exceptional circumstances.
- 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 CEP 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.
- To be considered eligible, one must have been a resident at a recognized Indian Residential School under the IRSSA.
- 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, Aboriginal Affairs and Northern Development Canada (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. Current breakdown of ineligible CEP applications
- Applications received for schools not included in the Settlement Agreement;
- Applications received for students not residents of recognized IRS;
- Applications received for schools in the Settlement Agreement that were closed during requested period;
- Applications received for claimants deceased before May 30, 2005;
- Applications received from day school students; and
- Applications received that contain more than one of the above-noted reasons for ineligibility.
3. CEP Remainder
- The IRSSA stipulates that once all Common Experience Payments have been made, if more than $40 million remains in the trust, the funds are to be made available to CEP recipients who apply in the form of personal credits of up to $3,000 each for educational purposes.
- CEP recipients will be able to choose to transfer their Personal Credit to certain family members as per the IRSSA.
- Terms and conditions for Personal Credits have been developed by Canada and the Assembly of First Nations and by Canada and Inuit Representatives to determine which programs and services and which educational institutions are eligible.
- Once the Court approves the terms and conditions and administration plan, implementation will begin as per the Court Order.
- Once the Personal Credits have been distributed, any amount remaining in the trust on January 1, 2015 is to be paid to the National Indian Brotherhood Trust Fund and the Inuvialuit Education Foundation to be used for educational programs.
Information Update on the Independent Assessment Process
(From September 19, 2007 to March 31, 2013)
1. Latest Statistics about the Independent Assessment Process
- As indicated in the table below, the Indian Residential Schools Adjudication Secretariat (IRSAS) and Aboriginal Affairs and Northern Development Canada (AANDC) are making good progress in resolving claims under the Independent Assessment Process (IAP).
Note: Statistics include Alternative Dispute Resolution (ADR) claims
*The review of claims received is not fully completed and therefore the number of received applications may vary in the next reporting period.
|Document Disclosure by Canada to the IRSAS||24,714|
|Claims resolved (% of received applications)||20,413 (54%)|
|through negotiated settlements||2,358|
|Total Payments Issued||$1.951B|
|Average Payment, including Legal Costs||$114,736|
Overall guiding principles
- The IAP is one of five components of the 2007 IRSSA established to compensate former students who choose to come forward to make a claim of abuse at residential schools. The IAP is a claimant centred, non-adversarial, out-of-court process designed to resolve and compensate claims of sexual abuse, serious physical abuse, or other wrongful acts which caused serious psychological consequences.
- The IAP aims to bring a fair and lasting resolution of the legacy of Indian 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.
- The Chief Adjudicator is supported by five Deputy Chief Adjudicators and more than 100 Adjudicators who preside over hearings. IRSAS is a neutral office that operates independently from the parties to the Settlement Agreement, including the Government of Canada.
- All parties to the IRSSA encourage claimants to be represented by legal counsel.
Other Updates on the Implementation of the Indian Residential Schools Settlement Agreement
From September 19, 2007 to March 31, 2013
Requests to add new Indian Residential Schools 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.
- To date, 9,448 people have asked for 1,521 distinct institutions to be added to the IRSSA. The following nine institutions have been added to the IRSSA by the Government of Canada, bringing the total number of recognized institutions to 139.
- 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), Ontario (Sept 1, 1971 to June 30, 1991)
- Cristal Lake High School, Ontario (Sept 1, 1976 to June 30, 1986)
- Mistassini Hostels, Quebec (September 1, 1971 to June 30, 1978)
Advocacy and Public Information Program
- The Advocacy and Public Information Program (APIP) began in 2007 and, 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 IRSSA, including CEP and IAP. Other objectives include supporting healing and reconciliation, with a particular focus on youth and intergenerational issues.
- AANDC entered into contribution agreements with 25 organizations for a total of $3.7 million in 2012-13.
- The IRSSA identifies $20 million for Commemoration to provide former students, their families and communities the opportunity to pay tribute to, honour, educate, remember, and memorialize their experiences by acknowledging the systemic impacts of the residential school system. AANDC and the Truth and Reconciliation Commission (TRC) are jointly responsible for the development and implementation of Commemoration.
- To date, $14 million has been provided for Commemoration funding. The remaining funding will be provided in 2013–14 to fulfill the $20 million obligation.
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:
- 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 IRSSA
- 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.
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