Frequently Asked Questions

1. What is the Indian Residential Schools Settlement Agreement?

The Settlement Agreement is the product of negotiations launched on May 30, 2005, by the Government of Canada and the Assembly of First Nations (AFN). The Hon. Frank Iacobucci was appointed as the federal negotiator to work with all stakeholders (the AFN and other Aboriginal organizations, the Anglican, Presbyterian, Roman Catholic, and United Church entities, and legal counsel for former students) to develop a fair, final, and comprehensive resolution package to the tragic legacy of Indian Residential Schools.

The General Council Executive of the United Church approved the Settlement Agreement on April 30, 2006, and the federal Cabinet did so on May 10, 2006.

“This is the largest and most comprehensive settlement package in Canadian history. Today marks the first step towards closure on a terrible, tragic legacy for the thousands of First Nations individuals who suffered physical, sexual, or psychological abuse... While no amount of money will ever heal the emotional scars, this settlement package will contribute to the journey on the path to healing—not only for all residential school survivors, but for their children and grandchildren.”

National Chief Phil Fontaine, November 23, 2005

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2. What does the Settlement Agreement mean for former students of residential schools?

The Settlement Agreement has five key components:

• All former students of Indian Residential Schools who were alive as of May 30, 2005, will be eligible to receive a Common Experience Payment (CEP) from the federal government in recognition of the general harms they experienced in the schools. The payment provides $10,000 for the first year (or part thereof) and $3,000 for each additional year of attendance at a school. Those who were 65 years or older as of May 30, 2005, were eligible to apply for an advance payment of $8,000 until December 31, 2006.
• Former students can pursue a claim for sexual and serious physical abuse through a revised adjudication process called the Independent Assessment Process (IAP). It replaces the current Alternative Dispute Resolution process. Claimants will get 100 percent of their settlements. Those who have already settled through the ADR can apply for an adjustment based upon the new criteria and grid for compensation.
• A five-year, community-based Truth and Reconciliation Commission will offer former students the opportunity to tell their stories in a safe and supportive context. Wider public awareness will be achieved through seven national events and the compilation of a comprehensive national historical record including survivor stories and archival research.
• The Aboriginal Healing Foundation will be receive $125 million for the next five years to continue its support for local healing programs.
• Funds are also set aside for national and local commemoration projects.

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3. What are the implications of the Settlement Agreement for The United Church of Canada?

The United Church has supported a holistic and comprehensive approach to the harm created by residential schools, including recognition of the loss of language and culture, and the impact of separation from family and community. Our church has sought a resolution that included both financial compensation and healing responses for former students, as well as educational strategies for non-Aboriginal Canadians. This agreement reflects that approach.

Under the Settlement Agreement, the United Church is committed to pay about $6.9 million. This amount has already been paid in claims settlements. So when the agreement is implemented, the government will pay 100 percent of all future settlements. This agreement will end the class action lawsuits.

It is our intention to continue to send a church representative to hearings held in the Independent Assessment Process. The United Church will also look for ways to participate in the Truth and Reconciliation process, nationally and locally; continue to support community-based healing initiatives through the Healing Fund; and participate in commemoration events as invited.

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4. Why is the Canadian government refunding monies to the United Church related to residential schools? How will this money be used?

The United Church will receive two types of reimbursement from the federal government.

The first will be an overpayment refund. The Indian Residential Schools Settlement Agreement (IRSSA) lays out a financial obligation for each church involved in the residential schools. Since 1998, the United Church has been settling abuse claims and paying compensation to claimants, even while the proportion of responsibility between the government and the church was still being sorted out by the courts. As of September 2007, the total amount paid by the United Church in settlements exceeds its financial commitment under the IRSSA by about $2.5 million. This refund will be entirely dedicated to ongoing healing, reconciliation, and right relations work, including the implementation of a five-year “right relations” program involving Aboriginal and non-Aboriginal people, assisting the church to prepare for the Truth and Reconciliation Commission, collaboration with Aboriginal organizations and survivor groups, and educational and animation resources on Aboriginal justice issues.

The United Church will also receive back a portion of its financial commitment under the agreement for redirection into new “in-kind” healing projects and services that directly benefit former students and their families. The “in-kind” reimbursement will be $1 million. The church will use the funds over the next five years to support projects that qualify under criteria laid out in the IRSSA and that are approved by a United Church Healing and Reconciliation Service Evaluation Committee (UCHRSE), which will include representatives of the government and the Assembly of First Nations.

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5. Is the Truth and Reconciliation (T&R) Commission the same as a public inquiry?

No. While the detailed Truth and Reconciliation process has yet to be finalized, it will not take the form of a formal public inquiry with the use of subpoenas, possibility of prosecution, and so on. The commission will be “made in Canada” and will include both national and community-based truth-sharing events, as well as the compilation of a comprehensive historical record of the Indian Residential School system and legacy. The goals are to promote healing, public education, and reconciliation.

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6. What Archival Information Does the United Church Have on the Residential Schools and What Will It Make Available to the Truth and Reconciliation Commission?

For many years, the United Church archives have been open to researchers and others who are looking for information about the schools and the students who attended them. Our church has provided information to assist in the validation of Common Experience Payments and has also made available what information it has related to individual abuse claims in litigation, the Alternate Dispute Resolution program, and the Independent Assessment Process.

Our records are admittedly incomplete because not all records were submitted to the national archives. Some student records were submitted directly to the federal government, some were retained by individual staff members who left the employment of the church, and some were destroyed in school fires. The United Church is currently employing a contract researcher to search our General Council and Conference archival collections in order to develop a comprehensive database of everything we have related to the Indian residential school system.

Under the Indian Residential School Settlement Agreement, the church has agreed to make all of its information relevant to the residential school system available to the Truth and Reconciliation Commission (TRC). We are actively engaged with the TRC in fulfilling that obligation at the current time.

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7. Will the Settlement Agreement be the end of the United Church’s response to residential schools?

No. We have a larger moral commitment to First Peoples. While a substantial step forward, the Indian Residential Schools Settlement Agreement is essentially a foundation upon which we will continue to work toward our long-term vision of healing and reconciliation by building right relations between Aboriginal and non-Aboriginal peoples. This work calls for a continued commitment of time, energy, and resources by members, congregations, and staff of the United Church.