Statistics on the Implementation of the Indian Residential Schools Settlement Agreement
Information Update on the Independent Assessment Process
(From September 19, 2007 to March 31, 2017)
- The deadline to apply to the Independent Assessment Process (IAP) was September 19, 2012.
- The IAP is administered by the Indian Residential Schools Adjudication Secretariat (IRSAS).
- The Government of Canada is responsible for conducting research and disclosing its documents to the IRSAS according to schedule D of the Indian Residential Schools Settlement Agreement (IRSSA). In addition, the Government of Canada is responsible for negotiating settlements, attending all IAP hearings, and compensating eligible claimants. Statistics shown below reflect how Canada fulfills its obligations. Further statistics are available from IRSAS.
1. Statistics about the IAP:
|IAP Applications Received by the IRSAS||38,096|
|IAP Claims to Which Canada has Disclosed its Documents to the IRSAS||30,768|
|IAP Claims Resolved (% of Applications Received)||36,717 (96%)|
|Through Negotiated Settlements||4,106|
|Through Negotiated Settlements – Post Hearing||237|
|Not Admitted or Withdrawn or Dismissed||6,354|
|Total IAP Payments Approved||$3.117 B|
|Average IAP Payment, including Legal Costs||$111,737|
|Note: Statistics include continuing Alternative Dispute Resolution (ADR) claims as per the IRSSA.|
Other Updates on the Implementation of the Indian Residential Schools Settlement Agreement
2. 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, 9,471 people have asked for 1,531 distinct institutions to be added to the IRSSA. Since implementation of the IRSSA, INAC has determined that seven requested institutions meet the Article 12 test criteria and have been added as Indian Residential Schools for specific periods of time. The court has also added three institutions, one of which, Kivalliq Hall (Nunavut), was added on December 14, 2016, however Canada filed its notice of appeal of this decision on March 15, 2017, upon recommendation from the Department of Justice. As such, Kivalliq remains an ongoing challenge, and the current total of Indian Residential Schools eligible under the IRSSA is 139, without the addition of the Kivalliq Hall institution.
- The Order of Madam Justice Brown regarding the Designated Amount Fund (DAF) Wind-Up was entered July 27, 2015. In order to begin transfer of unused funds in the DAF to the National Indian Brotherhood Trust Fund and Inuvialuit Education Foundation for educational programs, a bar was placed on any new forms of application or Request for Direction that will have the effect of creating a demand or liability on the DAF, such as seeking to add an institution to Schedule "F" under Article 12.
- For information on institutions requested through Article 12, please see the official IRSSA web site.
- The Advocacy and Public Information Program (APIP) began in 2007 and is a contribution funding program managed by INAC 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.
- From 2007-2014, over $28 million was fully invested into 140 regional and national projects across Canada. All of these projects were completed by March 31, 2014.
- 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. INAC and the Truth and Reconciliation Commission (TRC) are jointly responsible for the development and implementation of Commemoration.
- All project funding under the Commemoration initiative was allocated by March 31, 2014.
5. 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 IRSSA processes, including CEP, IAP, TRC events and 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.
Information Update on the Common Experience Payment
(From September 19, 2007 to March 31, 2016)
The deadline for applying to the Common Experience Payment (CEP) was September 19, 2011. The deadline to apply for the CEP under exceptional circumstances was September 19, 2012. After March 31, 2016, updates will be made to the CEP statistics below only when there are significant changes, such as the addition of an institution under Article 12 of the Indian Residential Schools Settlement Agreement or the official completion of the program.
1. Statistics and Information Concerning the CEP:
|Projected number of CEP Applications at launch of process||110,000|
|Projected number of Eligible CEP Applications at launch of process||80,000|
|Original Amount of the CEP Trust Fund||$1,900,000,000|
|Total CEP Payments (including Advance Payments)||$1,622,422,106|
|Average CEP Payment||$20,457|
|Total CEP Applications Received (Since 2007)||105,530|
|Total CEP Applications Received (Since 2007)* Includes incomplete applications where research has been conducted, but the eligibility results cannot be sent because ID requirements have not been fulfilled by the applicant.||105,524|
|Total CEP Applications Completed (Paid + Ineligible)||103,236|
|Complete CEP Applications in Progress||6|
|* Includes applications where research has been conducted, but authentication requires additional information from applicants.|
|Appeal Process Summary||Total|
|Total Reconsideration Requests Received||27,798|
|Reconsideration Processed Eligible||9,771|
|Reconsideration Processed Ineligible||18,022|
|Reconsideration In Progress||5|
|Total National Administrative Committee (NAC) Appeals Received||5,259|
|NAC Appeals Processed Eligible||1,164|
|NAC Appeals Processed Ineligible||3,511|
|NAC Appeals In Progress||7|
|Total Court Appeals Received||741|
|Court Appeals Processed Eligible||13|
|Court Appeals Processed Ineligible||723|
|Court Appeals In Progress||5|
2. CEP Remainder:
- In accordance with the Indian Residential Schools Settlement Agreement (IRSSA), an audit of the Designated Amount Fund was conducted after September 19, 2011. The audit disclosed a balance in excess of $40 million which triggered the requirement to disburse amounts to CEP recipients, upon application, as Personal Credits.
- Personal Credits are non-cash credits that are redeemable at approved educational entities and groups for individual or group educational services. Personal Credits have a maximum value of $3,000 per individual Common Experience Payment recipient. Personal Credits can be used by the CEP recipient and / or by certain members of the CEP recipient's family.
- Terms and Conditions in respect to the administration of Personal Credits were negotiated by Canada, and the Assembly of First Nations and by Canada and the Inuit Representatives. The Terms and Conditions were approved by the Supreme Court of British Columbia on October 31, 2013. The implementation of the Personal Credits process began in January 2014.
- Following the October 31, 2014, deadline to apply for Personal Credits originally approved by the Court and agreed to by all parties, an Order of the Supreme Court of British Columbia extending Personal Credits deadlines was entered on January 7, 2015. New deadlines are as follows:
- Acknowledgement Forms: extended from October 31, 2014, to March 9, 2015
- Redemption Forms: extended from December 1, 2014, to June 8, 2015
- Completion of educational activities: extended from April 30, 2015, to August 31, 2015.
- As of March 31, 2016, 30,042 Personal Credits applications had been received, and a total of 23,774 redemption forms totaling over $57M had been processed.
- In order to begin transfer of unused funds in the Designated Amount Fund (DAF) to the National Indian Brotherhood Trust Fund and Inuvialuit Education Foundation for educational programs, Madam Justice Brown issued an Order regarding the DAF Wind-Up on July 27, 2015. A bar was placed on future CEP applications, Personal Credits applications, and any forms of application or Request for Direction that will have the effect of creating a demand or liability on the DAF, such as seeking to add an institution to Schedule "F" under Article 12. After extensive efforts by Canada, the Assembly of First Nations, and the Inuit Representatives to attempt to locate applicants with whom Canada had lost contact, the Court also dismissed over 2,300 incomplete Common Experience Payment applications.
- Any amount remaining in the Designated Amount Fund after all demands and liabilities are satisfied will be distributed in percentage installments approved by the court to the National Indian Brotherhood Trust Fund and the Inuvialuit Education Foundation.
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