An Assembly of First Nations proposal to give every former residential
school student a minimum $10,000 payment would bring more fairness to the
government's flawed compensation process, a lawyer representing hundreds
of Alberta claimants says.
The $10,000 lump sum is one of the key recommendations made in an AFN
study released Wednesday of the federal government's alternative dispute
resolution system, which was set up as a way of settling some of the
12,000 lawsuits stemming from residential school abuse.
The out-of-court process has come under heavy criticism, however, for
high administrative costs and for not recognizing the loss of language and
culture suffered by generations of aboriginal youngsters forced into
schools run on Ottawa's behalf by church organizations.
In addition to recommending a $10,000 award for anyone who can prove
they attended a residential school, the AFN wants additional compensation
paid based on the years spent in the school and a broader definition of
abuses eligible for compensation.
"I think we could have a more workable model (if the recommendations
were adopted)," said Vaughn Marshall, a Calgary lawyer representing more
than 600 claimants who have filed lawsuits in Alberta.
"It would certainly be a lot better than it is now -- though there
would have to be some kind of guarantee that these claims could be done in
the lifetime of the individual claimants."
Ottawa set up Indian Residential Schools Resolution Canada last year to
speed the settlement of the thousands of lawsuits against the
government.
By early November, however, only three of the 422 cases settled were
dealt with through the alternative dispute resolution program. The
remainder have been concluded through the courts or legal
negotiations.
Since the ADR program began last year, more than 900 people have
applied to have their claims heard within the program. As of earlier this
month, only 52 applications have been examined by the agency and forwarded
to adjudicators. Of those 52 claims, only 27 have been adjudicated and
three settlements awarded.
Ottawa spent $61 million last year running Indian Residential Schools
Resolution Canada -- almost four times the $16.5 million it paid out in
actual settlements over the same period.
jvanrassel@theherald.canwest.com