May 17, 2005
Residential school compensation payments will not affect the benefits of those who are participants in the Employment and Income Assistance (EIA) program, Family Services and Housing Minister Christine Melnick and Aboriginal and Northern Affairs Minister Oscar Lathlin announced today.
"This exemption acknowledges what Aboriginal groups have told us, that this compensation for abuse at residential schools should not reduce benefits," said Melnick. "We will continue to work collaboratively with the Aboriginal community to help improve the lives of Aboriginal people in Manitoba, as together we have made considerable progress in addressing the challenges faced by many individuals and families."
"I am pleased that we are taking this small step in ensuring that residential school victims do not suffer further," said Lathlin. "To do otherwise would be to further punish the victims and their families. Thousands of residential school victims have died waiting for justice."
This total exemption for these particular compensation payments was developed in consultation with the Aboriginal community, the ministers said.
"Poverty remains a reality for many of our First Nations people," said Assembly of First Nations National Chief Phil Fontaine. "I applaud the efforts of the Manitoba government in ensuring that any compensation awarded to residential school survivors will go directly to them, which will further assist in beginning their journey towards healing and reconciliation."
"Since coming into office in 1999, our provincial government has taken seriously the responsibility to take action on several injustices facing Aboriginal people," said Culture, Heritage and Tourism Minister Eric Robinson. "The road to correcting the wrongs of the past is a long road to travel and while we reflect on how far we have come, we must ensure that current government policy respects all people."
Currently, the Manitoba EIA regulations exempt the following financial compensation payments to determine the financial resources of a participant:
federal payments to those infected with the HIV virus through blood transfusions or blood products;
lump sum payments under the 1986-1990 Hepatitis C Settlement Agreement, other than payments for loss of income or support;
compensation under the Manitoba Hepatitis C Assistance Program, or a similar program of another Canadian jurisdiction, except for any portion for loss or replacement of income; and
compensation received from the pre-1986/post-1990 Hepatitis C Settlement Fund established by the Canadian Red Cross Society and others.
The EIA program also exempts other types of financial resources such as compensation for the victims of Thalidomide and redress for Japanese Canadians. As well, people with disabilities are eligible for an exemption on lump sum payments held in trust, up to a lifetime value of $100,000, to be used for disability-related items and services.
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BACKGROUND INFORMATION
ASSEMBLY OF FIRST NATIONS
Residential Schools
History and Demographics
At their peak, there were 82 Indian Residential Schools (IRS) operating in Canada. The first residential schools were set up in the 1840s with the last residential school closing in 1996.
In 1991, Statistics Canada estimated that there were approximately 105,300 former residential school children survivors. By 2004, that number had dropped to approximately 87,500. Of the original 13,044 claims:
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The average age of claimants is 57 years old.ˇ
11,315 former students have unresolved claims against the Government of Canada.ˇ
This means that there are approximately 76,185 claims that have not been filed.ˇ
1,729 settlements have been reached with individual claimants.1. 1052 claimants settled before going to trial.
2. 198 claimants settled in pilot projects.
3. 15 trial decisions.
4. 3 resolved through the Alternative Dispute Resolution (ADR) process.
5. 461 dismissed or discontinued.
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$74.8 million has been spent to date on settlements.ˇ
Royal Commission on Aboriginal People (RCAP), established in 1991, issued its final report in 1996 that called for a renewed relationship based on Recognition, Respect, Sharing and Responsibility.ˇ
Statement of Reconciliation issued by Canada (1998) recognized past wrongs including the IRS system and called for a renewed relationship with First Nations, Inuit and Métis.ˇ
The Law Commission (1997) stresses that approaches to provide redress for survivors has to take the needs of survivors, their families and their communities as a starting point, and be grounded in respect, engagement and informed choice.ˇ
Joint Dialogues created in which Canada created Indian Residential Schools Resolution Canada (2001), and the Alternative Dispute Resolution process (2003).ˇ
Canadian Bar Association in August 2004 issued a press release in support of fair compensation to IRS survivors.ˇ
Canada (1988) paid 22,000 Japanese-Canadians a $300M settlement for wrongful imprisonment and confiscation of property during World War Two. Survivors received $21,000 each, $12M for a Japanese community fund, and $24M to create a Canadian race relations foundation to ensure racism never happens again.ˇ
Supreme Court of Canada granted Canada leave to appeal BC Court of Appeal decision in the Frederick William Barney (AKA Blackwater) case in which Canada was ruled to be 100 percent liable for compensation to IRS survivors.ˇ
There are five major Class Actions seeking certification before the courts: 1) Cloud Class Action, 2) Baxter National Class Action, 3) Dieter Class Action, 4) Pauchay National Class Action, and 5) the Straightnose Class Action.New National Framework Dispute Resolution Process
The Alternative Dispute Resolution (ADR) was set up in November 2003 by Indian Residential Schools Resolution Canada (IRSRC). To date:
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900 plus claims have been filed.ˇ
There have been three resolutions.ˇ
Three reviews have been requested by claimants.ˇ
One review was requested by government (Elder Flora Merrick case).ˇ
Their current process takes approximately nine months from initial application to the date of the hearing.ˇ
The first application was received December 2003.IRSRC
The budget for the National Resolution Framework is $1.69B over seven years to resolve 12,478 claims received.
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$954.2M is targeted for settlements.ˇ
$735.0M is for overall operations.1. $335.0M ADR-Adjudication
2. $285.0M Litigation
3. $74.0M Health Support
4. $10.0M Commemoration
5. $31.0M IRSRC Operations and Maintenance for seven years
The above background material is from the Assembly of First Nations for more information:
Telephone: 613-241-6789, Toll-Free: 1-866-869-6789, Fax: 613-241-5808
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