Sensitivity needed when dealing with student Persons of Interest

An unexpected category of abusers is resulting in the continued re-victimization of former residential school students.

“The issue of student-on-student abuse was one, I’m fairly certain with discussion with the parties to the settlement agreement, that was not on the minds of the negotiators of the settlement when the agreement was reached,” said Justice Murray Sinclair, chair of the Truth and Reconciliation Commission (TRC).

The commission was one of the results of the Indian Residential School Settlement Agreement which was signed in May 2008 by the federal government, representatives from the Assembly of First Nations and Inuit, and the general synods of United, Presbyterian, Anglican churches and Roman Catholic Entities.

Former students who attended a prescribed list of Indian residential schools are entitled to compensation under the Common Experience Payment program. Students who claim sexual abuse or serious physical abuse can make an additional claim under the Independent Assessment Process (IAP).

As part of the IAP, the claimant must name the person who inflicted the abuse. The person named, or person of interest, is contacted and asked to attend a hearing in order to offer his version of the events recounted by the claimant. Based on the information gathered, an adjudicator determines if IAP payments are to be made.
The IAP process is “non-adversarial,” said Luc Dumont, director general with the Dispute Resolution Operation Directorate, with Indian and Northern Affairs Canada. He noted that the former student and the person of interest never appear at the same hearing. However, the person of interest is told who has named him.

Persons of interest are commonly church or school officials, employees or representatives. However, persons of interest are also turning out to be residential school students. Some times, the person making the IAP claim and the person named live in the same community or are members of the same family.

There are no statistics available, said Dumont, as to how many persons of interest are former residential school students. He pointed out that less than one per cent of the calls received on the crisis line operated through the resolution health support program, which was created as part of the settlement agreement, dealt with the issue of student-on-student abuse.

“We have heard about this, but it’s more anecdotal evidence so far,” said Dumont.

In a recent CBC News story, a claimant, who asked not to be identified, said she met up with the former student she named, not realizing he had been told that she had named him. She said his attitude toward her was “aggressive and scary.”

In a separate case reported by CBC News, Charlie Thompson, a former student at Port Alberni Residential School, was named as a sexual abuser. He defended himself at a hearing.

“When I got the call, it was like I was just left hanging, and I’m just thankful I’m OK,” Thompson told the CBC. “I didn’t feel good. I felt like a criminal …. But I told my truth. That’s all I can do.”

Thompson was sexually abused by staff at the Port Alberni school.

How named students are being contacted is a concern, said Sinclair.

“I think the manner in which they’re contacted, what they’re told when they’re contacted, needs to be dealt with sensitively because often the person of interest in the case of student-on-student abuse situation is also him or herself a survivor,” said Sinclair.

Sinclair believes that people named by claimants have the right to speak out in their defense and need to be given that opportunity.

Student-on-student abuse is a concern that continues to be spoken about by survivors, said Sinclair.

“The issue raises itself, because when it comes to discussions about reconciliation, the commission has to be concerned about what the impacts are for the future of reconciliation within those communities and sometimes within families,” said Sinclair.

He said the commission is researching the issue as well as talking to experts as to how to deal with this particular form of abuse and how it impacts communities and families.

The resolution health support program offers counseling and other health services to all former residential school students, said Dumont, whether claimants or named as persons of interest.

“We advise them to use this as much as possible because this is a resource available to them, this is part of the settlement agreement,” said Dumont.

Sinclair said when the commission meets with communities and when the statement gathering team meets with survivors, both ask what can be done to assist communities and families in dealing with this unique situation.

“It is an ongoing concern. I think it’s one we have to be prepared to address when we give our final report,” said Sinclair.