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Alternative sought

Article Origin

Author

Story by Shari Narine

Volume

7

Issue

2

Year

2000

Page 2

LETHBRIDGE-An effort to keep some claims out of court may see a small number of residential school students from either the Blood or Peigan reserves enter an alternative dispute resolution program with the Anglican Church of Canada.

Representatives from St. Paul residential school on the Blood Reserve met with representatives from the Anglican Church and the Canadian Department of Justice in Lethbridge in September to discuss taking part in a national pilot project that would see a negotiated settlement for wrongs perpetuated while in attendance at the school.

The status of those discussions is uncertain, said Ellie Johnson, director of partnerships with the Anglican Church. It's unclear as to which residential school students in the two southwestern reserves the church may be dealing with, she said.

When the response came from the claimants' lawyers, the lawyers expressed interest in representing a group that attended St. Cypran residential school on the Peigan Reserve. However, said Johnson, the church doesn't know how many claimants are involved in the St. Cypran group.

In the summer of 1998, the Anglican Church was invited by the Assembly of First Nations to meet with the AFN and federal government to discuss a way of keeping residential school claims out of court. Alternative dispute resolutions were suggested.

"It's a way to address the broader issues," said Johnson, "symbolic actions that would help people come to closure."

Those who participated in the program were not giving up their rights to seek a court settlement. If claimants felt the ADR didn't serve their purposes, they could seek court action upon completion of ADR negotiations.

Among the possible ADR actions are public apologies from the church and actions to help recover lost culture and language. Financial compensation will also be addressed.

"In instances where criminal law was broken and damage resulted, in particular, sexual and harsh physical abuse, if it can be validated, it would be eligible for financial compensation," said Jim Boyles, national general secretary with the Anglican Church.