Indian Residential Schools Settlement Agreement Update as of June 30, 2012

Presentation to Assembly of First Nations, Annual General Assembly

July 18, 2012

Objective and Outline of Presentation • To provide a status update on the implementation of the Indian Residential Schools

Settlement Agreement as of June 30, 2012. General

– IRSSA Main Components Common Experience Payment (CEP)

– Overview – Progress to June 30, 2012 – Services Standards – Reasons for not receiving compensation – Late Application Deadline – Looking Ahead and Next Steps

Independent Assessment Process (IAP) – Progress to June 30, 2012 – Negotiated Settlement Process Overview – Looking Ahead and Next Steps

Notice Plan and Outreach to Former Students

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Indian Residential Schools Settlement Agreement (IRSSA): • The main components of the Settlement Agreement are:

• The Common Experience Payment (CEP), $1.9 billion fund which compensates former students who resided at an eligible Indian Residential School (AANDC and HRSDC/Service Canada);

• The Independent Assessment Process (IAP), which compensates for proven claims of serious physical abuse, sexual abuse, and other wrongful acts; (AANDC and IRSAS);

• The establishment of a Truth and Reconciliation Commission (TRC); • Commemoration, $20 million to fund initiatives to memorialize the experiences of

former students (AANDC and TRC); and, • Measures to support healing, through the Indian Residential Schools Resolution

Health Support Program (Health Canada) and an endowment of $125 million to the Aboriginal Healing Foundation;

• Implementation of the Settlement Agreement began on September 19, 2007, and is

overseen by 9 provincial and territorial Courts, a National Administration Committee, and an IAP Oversight Committee.

Common Experience Payment - Overview • The Common Experience Payment (CEP) is a component of the Indian

Residential Schools Settlement Agreement. The CEP recognizes the experience of residing at an Indian Residential School and its impacts.

• AANDC and Service Canada are Trustees for the CEP Designated Amount Fund. They administer the CEP in accordance with the provisions of the Settlement Agreement.

• All former residents who resided at one or more recognized Indian Residential Schools and who were alive on May 30, 2005, are eligible for the CEP, as long as they did not opt out of the Settlement Agreement.

• Eligible applicants receive $10,000 for the first school year (or partial school year) of residence at one or more residential schools recognized under the IRSSA, plus an additional $3,000 for each subsequent school year (or partial school year) of residence at one or more residential schools.

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CEP – Progress as of June 30, 2012 Original Application • 110,000 CEP applications were projected. Canada has received 105,032 applications and

processed 102,031 (97%). • A report by Siggner and Associates estimated that 80,000 former students were alive in

2005. 78,338 applications (98% of estimate) have been assessed as eligible and paid a total of $1.61B. Reconsideration

• 27,047 requests for Reconsideration were received and 26,899 have been processed (99%). – 35% of the requests processed (or 9,476) were provided an additional average payment

of $8,363. NAC Appeals

• 4,699 requests for Appeal to the NAC were received and 4,248 have been processed (90%). – 33% of the requests processed (or 1,381) were provided an additional average payment

of $7,655. Appeals to the Court

• 567 requests for Appeal to the Courts were received and 120 have been processed (21%). 5

CEP - Service Standards • Original CEP Application:

– Objective: 80% will be processed within 28 days of receipt at AANDC. – Currently: Average days to process - approximately 11.

• Reconsideration requests:

– Objective: To be processed within 90 days. – Currently: Average days to process non-complex files - approximately 58.

• Appeals made to the National Administration Committee (NAC):

– Objective: To issue decision within 135 days. – Currently: Average days to process - approximately 161.

• Appeals to the Court:

– Process under the control of the Court.

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Reasons for not receiving CEP Compensation

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Category Number Percentage of total ineligible applications

Applications received for schools not included in the IRSSA: 9,136 39%

Applications received for students not residents of recognized IRS: 4,301 18%

Applications received for schools in the IRSSA that were closed during requested period:

2,634 11%

Applications received for claimants deceased before May 30, 2005: 211 1%

Applications received from day school students: 1,708 7%

Applications received that contain more than one of the above noted reasons for ineligibility:

5,703 24%

Total: 23,693 100%

Current breakdown of ineligible CEP applications as of June 30, 2012

CEP Exceptional Circumstances Application Deadline • As per the IRSSA, the Common Experience Payment applications deadline was on

September 19, 2011 but applications are being accepted until September 19, 2012 in cases of disability, undue hardship and exceptional circumstances, and must include a written reason for the delay. As of June 30, 571 of these applications have been received.

• Canada will not accept applications submitted after this date unless directed by the Court. • If you know someone who has not applied for CEP and may fit the criteria listed above,

please encourage them to submit an application on or before the September 19, 2012 deadline.

• To apply for CEP, you must complete a CEP application form and submit it to the address listed below. CEP applications are available online, through Service Canada in-person centers across Canada or can be sent by mail if requested by calling 1-866-699-1742 (TTY:1-800-926-9105)

• Mailing address:

CEP Processing Centre 100-6712 Fisher Street SE

Calgary, AB T2H 2A7

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Requests to add new schools to the IRSSA • Article 12 of the IRSSA sets out a two-part test that is used to assess each

requested institution to determine if it should be recognized as an Indian Residential School. The two part test consists of the following under Schedule F: 1. The child was placed in a residence away from the family home by or under the

authority of Canada for the purposes of education; and, 2. Canada was jointly or solely responsible for the operation of the residence and care of

the children resident there.

• To date, requests have been made to add 1,501 distinct institutions to the IRSSA.

• Originally, 130 institutions were recognized by the IRSSA. Six institutions have been added to the IRSSA by the Government of Canada and an additional two have been added by the Courts, bringing the total number of recognized institutions to 138.

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CEP – Looking Ahead and Next Steps • Close–out of CEP files: Completion of remaining CEP applications in various

stages of the process. • Trust Fund Audit: The audit is forecast to conclude in March 2013. • Personal Credits: If there is more than $40 million remaining in the trust, a

maximum of $3,000 in the form of Personal Credits for educational purposes will be distributed to eligible CEP recipients who apply, once all common experience payments are made.

• The current forecast is that the balance of the CEP Trust Fund will be in excess of $40 million once all Common Experience Payments have been made and therefore personal credits for education purposes will need to be provided.

• On January 27, 2012, the Courts approved a governance model for the development of terms and conditions for personal credits, including the appointment of three education experts (Canada, AFN and Inuit representatives) and one expert in Class Action Settlement Administration.

• Canada expects to receive the terms and conditions in September 2012 and hopes the program will be in place by September 2013.

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Independent Assessment Process – Progress as of June 30, 2012

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• The IAP is administered jointly by AANDC and the Adjudication Secretariat. • The IAP application deadline is September 19, 2012. • AANDC is responsible for researching historical records, providing documents to the Adjudication

Secretariat, attending hearings on behalf of Canada and processing compensation payments.

Applications and Settlements: • 27,353 applications received and 24,933 applications have been admitted (91%). • There have been 13,491 hearings held (54% of those admitted) and 11,875 decisions rendered by

adjudicators. • Canada has also been involved in 1,781 negotiated settlements. • A total of $1.56B payments made, including legal costs.

Surpassing Service Standards: • In preparation for hearings, AANDC provides documents to the Adjudication Secretariat. From April 1

to June 30, 2012, 81% of document packages were provided within 165 days, the service standard being 80% within 165 days.

• In the same period, 89% of decisions were processed for payment by AANDC within 20 days after the review period, exceeding the service standard of 80% of the claims within 20 days.

Negotiated Settlement Process - Overview

• The Negotiated Settlement Process (NSP) is a mechanism where, by mutual consent, Canada and claimants agree to settle a claim without a hearing with an Adjudicator.

• NSP uses a brief interview as opposed to a full day hearing with an Adjudicator. • The process was re-engineered in December 2011 to increase its capacity and

remove internal barriers that were hindering its effectiveness.

• The process ensures that Claimant’s resolve their claim in a more timely and collaborative manner. Currently NSP takes 31% less time to resolve than a file going though the regular IAP process.

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Notice Plan and Outreach to Former Students • A court-ordered notice plan to remind former students of the September 19, 2011 CEP

application deadline was launched in spring 2011 and a final notice plan to remind former students of the September 19, 2012 IAP application deadline was launched in March 2012.

• As a result of these two notice plans, developed and carried out by an expert firm in court notices, combined with previous notices in 2006 and 2007, over 98% of Aboriginal people 25 yrs old and older have been reached an average of 14 times.

• Court Counsel has indicated that the courts are satisfied with the reach of the notice plans. • Access to IRSSA and Health support information can obtained from the following telephone

numbers : – Service Canada CEP line: 1-866-699-1742 (TTY:1-800-926-9105) – CEP Response Center Toll Free: 1-866-565-4526 – IAP Information Line: 1-877-635-2648 – Crisis Line at 1-866-925-4419

• Additional information can be located on the Aboriginal Affairs and Northern Development Canada (AANDC) website where key milestones, relevant deadlines, process updates and helpful process information can be obtained http://www.aadnc-aandc.gc.ca

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Settlement Agreement Notice Plans and Outreach

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