And now:Ish <[EMAIL PROTECTED]> writes:
Date: Thu, 24 Jun 1999 10:32:22 -0400
From: Lynne Moss-Sharman <[EMAIL PROTECTED]>
Subject: $1 billion residential school settlements
:
:
Native school compensation to rival Hep C
Top court ruling puts government on hook for $1B
Janice Tibbetts The Ottawa Citizen
The federal government, faced with thousands of lawsuits alleging sexual
abuse at Indian residential schools, is looking at a compensation bill that
will rival the $1.2 billion awarded to victims of hepatitis C.
Although federal officials have been reluctant to put a price tag on
potential liability for residential schools, it is now clear the government
will be on the hook for at least $1 billion because of the growing number
of claims, sources say.
As a result, the government is switching course. Instead of fighting more
than 6,000 claimants on a case-by-case basis, officials are moving toward
out-of-court compensation.
The Indian Affairs and Justice departments reject the idea of one mass
package, but the government plans to negotiate group compensation deals
that could involve victims who attended the same schools or live in the
same communities.
"We're looking at groups that have shared interests," said Shawn Tupper, a
senior adviser with the Indian Affairs Department.
The number of lawsuits filed by former students changes weekly, almost
quadrupling in the past six months alone.
Officials fear that claims could still increase by the thousands,
particularly in light of a Supreme Court ruling last week that declared
that employers can be held legally liable when employees abuse children in
their care.
About 105,000 aboriginal children attended some 80 residential schools
across the country before the last ones were closed in the 1980s.
The boarding schools, set up to assimilate Indian children into mainstream
culture, were sponsored by the federal government and run by several
churches, which have also been barraged with lawsuits. Some cases date to
the 1920s.
"We're talking about people who were abused when they were five, six or
seven years old and they're coming forward now in their 80s," Mr. Tupper said.
The Supreme Court decision is expected to push both the churches and
federal governments to move faster in settling claims because it has
clarified that both are potentially liable. The two sides have been
battling for years over their portion of blame.
The federal government has settled only 250 lawsuits so far, paying out
more than $20 million to victims of former residential schools run solely
by the federal government where employees have been convicted of sexual
abuse, mainly in Saskatchewan but also in British Columbia. Settlements
have ranged from $20,000 to $200,000.
Peter Grant, a Vancouver lawyer representing about 100 claimants, said he
is expecting larger settlements for his clients, who continue to grow in
number.
"We do not see a levelling-off," said Mr. Grant. "We're talking about
something that went on for over 80 years. It is truly a national shame and
it is going to be costly."
The amount of the government's potential bill is still subject to change,
depending on the number of future suits filed and the division of liability
between the churches and government.
The claims involve several class-action suits, some alleging loss of
culture and language.
Although the federal government contends it is not financially liable for
cultural deprivation, the matter could still end up in court and push up
the total liability even further.
The estimate of at least $1 billion, based on current projections, is
expected to be one of the largest out-of-court settlements ever paid out by
the federal government.
Last week, victims of hepatitis C from the tainted-blood scandal settled a
$1.2-billion, federal-provincial compensation deal that was described as
the largest personal injury settlement ever negotiated in Canada.
The federal government rejects a mass compensation deal for residential
school victims because officials say the circumstances vary widely.
"Let Us Consider The Human Brain As
A Very Complex Photographic Plate"
1957 G.H. Estabrooks
www.angelfire.com/mn/mcap/bc.html
FOR K A R E N #01182
who died fighting 4/23/99
[EMAIL PROTECTED]
www.aches-mc.org
807-622-5407
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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