FAQs about Residential School Settlements
Q: What is the Independent Assessment Process?
A: This is a process where Residential Schools Survivors make claims to obtain financial compensation for injuries they have received when they were students. The survivor is required to make an application in writing, setting out the circumstances of their injuries and providing relevant documents. The Government is required to search documents ("Crown documents") and provide a report to the adjudicator confirming that the survivor was at the residential school and to provide information about person or persons the claimant says caused their injuries. Once all the paperwork is completed, a hearing will be set with an adjudicator, who has been appointed to hear the claimant's case. Special adjudicators have been appointed to decide these claims because of their specialized knowledge of the history of residential schools, aboriginal experiences and the law relating to physical, sexual and psychological abuse.
Q: What happens at a hearing?
A: The adjudicator will manage the hearing, and ask all the questions, although the lawyer acting for the survivor is allowed to suggest questions that the adjudicator should explore with the survivor. The survivor will tell her or his story about his or her injuries in their own words. Other witnesses can be called by the survivor or the defendants to give the adjudicator other relevant information. At the close of the hearing, the lawyer acting for the survivor will summarize the reasons why the survivor should receive compensation and the range of compensation that would be appropriate. The adjudicator is expected to provide his or her decision in writing within 30 to 45 days from the end of the hearing.
Q: Will the person or persons accused of causing the injuries be at the hearing?
A: The person or persons the survivor names as responsible for his or her injuries cannot attend the hearing unless the survivor consents--which seldom, if ever, happens. The alleged perpetrator is allowed to testify at a different time, if he or she has provided the survivor with a written statement of what he or she wants to say. Usually, persons the survivor has named as responsible choose not to participate in the process at all.
Q: Who else attends a hearing?
A: Hearings are closed to the public, but the defendant church may attend and the Government of Canada will attend with their lawyers. Survivors are allowed to bring a friend for support and any witnesses who are needed to help tell the story. Counseling services will also be available free of charge.
Q: How much compensation will a survivor be paid?
A: The amount that the adjudicator will determine should be paid will be based on the number of wrongs proven and the severity of the harm. If appropriate, a survivor may receive more money for future medical, counseling or psychiatric care and if the injuries have affected the survivor's ability to keep a job or get proper training and education. Points will be given based on all these factors, and the resulting compensation for a successful case could range from $5,000 to $275,000, depending on the facts of the case.
Q: How long will it take to get the money?
A: At present, there is a long waiting line for hearings, but if a survivor is over 60 years of age or has a medical condition that might prevent him or her from attending the hearing if it is delayed, it may be possible to have the hearing sooner than other cases.