Government moves on school compensation

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Canada will pay 70 per cent of the total damage amounts owing to victims of physical and sexual abuse in residential schools, but only if the victims get involved in an out-of-court settlement or an alternative dispute resolution process.

The decision was announced on Oct. 29 by Deputy Prime Minister Herb Gray. Gray was appointed to head a government body that was created especially to deal with residential school compensation issues-the Office of Indian Residential Schools Resolution-in September 2000.

Recent court decisions-so far all involving cases where an employee of a residential school was convicted of criminal charges, where the government is clearly liable-have divided the liability of the church and government in varying ratios where the federal government's share ranged from 40 per cent (in a case where the judge found the church especially negligent) to 75 per cent. After more than a year of discussion between Gray's office and the various churches appeared to be going nowhere, the government arbitrarily pegged its share of liability at 70 per cent.

The churches reacted to the announcement by saying the talks should continue.

"While the government's offer is a reasonable first step, the solution needed is not just about money," said Archdeacon Jim Boyles, chair of the Ecumenical Group on Indian Residential Schools, a group representing Roman Catholic, Anglican, United and Presbyterian church organizations. "It's about bringing justice to individuals harmed and healing to communities affected."

One member of the group said a neutral third party should be invited to help the government and the churches work out an agreement.

"Regrettably the government didn't want to discuss our proposal. Perhaps it's time to invite a mediator to get us talking again, "said the Reverend David Iverson of the United Church of Canada. "Former students deserve it, the churches need it, and surely the government has a broader obligation than to simply wash its hands of the matter."

The Assembly of First Nations vice-chief who looks after the residential schools portfolio, Manitoba's Kenneth Young, agreed that the government move is a good first step. But he offered several reminders and suggestions to the parties. Young said he had grave concerns about the government excluding people involved in cases going to trial from the settlement offer.

"Many former students misunderstand the announcement to mean that the church and the government have jointly agreed to pay the 70/30 split," he said. "That is not the case. Many of the former students don't understand it does not resolve anything for them unless they are in out-of-court settlement discussions or within the ADR (alternative dispute resolution) process after validation. All parties need to recognize that as time passes, former students are dying without being given the opportunity to continue on their healing journeys-that must change."

Young also said the government must look at the issue of loss of language and culture, a by-product of residential school policies that the government has refused to deal with so far. Lawyers say the government avoids that issue because it would be tremendously expensive to compensate people for that harm. Several cases are being prepared to test the courts on that issue.