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Fast track for compensation claims

In 1928, a government official predicted Canada would end its "Indian problem" within two generations. Church-run, government-funded residential schools for native children were supposed to prepare them for life in white society. But the aims of assimilation meant devastation for those who were subjected to physical, sexual and emotional abuse. Decades later, aboriginal people began to share their stories and demand acknowledgement of — and compensation for — their stolen childhoods.

Lawyer Tony Merchant calls it Ottawa's "air miles" program. He represents almost half of the 12,000 residential school survivors whose lawsuits against the government are still outstanding. He says a plan to award claimants money based on a points system ignores their individual suffering. But, as Industry Minister Ralph Goodale points out in this CBC clip, the plan will save $1 billion and resolve cases much more quickly.
. Under the proposed alternate dispute resolution (ADR) process, representatives of the church and government and the claimant move out of the courts system. All parties work together to establish the level of abuse and determine a fair method and amount of redress.
. This process is said to be less time-consuming, less stressful and less expensive than traditional court proceedings.

. According to the federal government, about 10 to 12 per cent of former students of residential schools have filed lawsuits claiming abuse and loss of culture.
. It's estimated that in 2003 there are about 90,000 living survivors of residential schools.
. As of March 2003, an average of one lawsuit per day was being settled using ADR. Settlements averaged $100,000.

. Though legal action has meant relief for many residential school survivors, it has brought more pain to others. In October 1998, AFN chief Phil Fontaine wrote a letter to law societies across Canada expressing concern with the aggressive measures some firms were using to sign up clients. Lawyers were holding meetings in town halls and asking survivors to detail their residential school abuse, and some survivors committed suicide after reliving the pain of their experiences.
Medium: Television
Program: Canada Now
Broadcast Date: Dec. 20, 2002
Guest(s): Ralph Goodale, Tony Merchant
Reporter: Geoff Leo
Duration: 2:18

Last updated: February 13, 2012

Page consulted on August 21, 2012

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