Whitehorse Daily Star

$1.9 billion set aside to fund settlement

Yukon Supreme Court was packed to standing room only today as Justice Ron Veale heard from lawyers on the proposed nationwide settlement for those who attended residential schools.

By Whitehorse Star on October 16, 2006

Yukon Supreme Court was packed to standing room only today as Justice Ron Veale heard from lawyers on the proposed nationwide settlement for those who attended residential schools.

Similar hearings have been underway across the country, as each region is asked to approve the compensation package.

Asking lawyers not to use the short forms of words during the proceedings, Veale noted the class action suit is complicated and has years of history behind it.

Veale also informed the courtroom prior to becoming a judge, he had represented residential school victims in a case in the late 1990s and also worked as a lawyer for the Anglican Church, though he hadn't represented the church on the residential school issue.

'These are two issues everybody should know at the outset,' he said to the 10 lawyers and crowd in the gallery, some of whom filled the 12-person jury box.

Later in the morning, there were no objections to him presiding over the matter when he questioned the lawyers on it.

Much of the morning was focused on a presentation by lawyer Kirk Baert who's representing the residential school victims.

'I'll get right to the guts of the matter,' he said as he began reviewing the terms of the settlement.

A total of $1.9 billion has been set aside for the package, with a clause that would see the federal government put more money in if it was required.

'This payment is a no fault payment,' Baert said, explaining that anyone who lived at a residential school would be eligible for the common experience payment, if the package is approved.

That would see anyone eligible receive $10,000 for the first year they were at the school, with another $3,000 added for each year following. If there's more than $40 million left over after the cases have been dealt with, the money would go to a personal credit for each survivor to a maximum of $3,000 each. If there's more still left after the personal credit or the original surplus is less than $40 million, it will go to aboriginal organizations.

The average residential school survivor was there for five years and is expected to collect an average of about $25,000, he said.

Forms would be available following court approval and were included as part of the package in today's proceedings. The three pages require applicants to include their name, address, when and where they were born, what first nations group they belong to (for example: Metis, status first nation or non-status first nation), what school they attended and how long they were there.

The application would also include a list of eligible schools though there's a process to have a school included if it didn't make it on the list.

As Baert pointed out, it would be up to the courts to have the final say on adding that school. Applicants must also include a photocopy of their birth certificate or other identification.

A support line for those needing help with their application would also be provided on each page of the application, which would have a submission deadline of one year following the case.

After the application was sent in it would be processed, Baert said.

The government would have up to five years after the court approval to dole out the cheques, while applicants would be given a year after court approval to file their application unless they can show there were extenuating circumstances for filing late.

Baert noted that though a survivor may live in the Yukon now, they will still be eligible if they attended residential school outside the territory.

As Veale pointed out, that's important to many Yukoners who were sent to residential school in Lower Post, B.C.

The judge also made it clear that anyone 65 years and over eligible for the package should have received an advance the government made available earlier.

The federal government provided an $8,000 package as an advance to seniors who attended residential school beginning last year while the court process for the common package was set to continue.

While the Common Experience Package would be available to all residential school survivors, there would also be a process in place to deal with the estimated 12,500 to 15,000 cases across the country of serious abuse which happened at the schools.

Claims on those cases would have a deadline of five years from the date of settlement and then a hearing would be held.

As Baert went on explaining the terms of the settlement, numerous people sitting in the gallery, which was predominantly made up of first nation citizens, sat with paper and pen, taking notes.

Support workers also sat in the audience and were identified for residential school survivors by lawyers before the case got underway.

Local lawyer Laura Cabott also informed those in the courtroom that two rooms had been set aside outside the courtroom for those needing some time alone.

Questioned whether a Yukon lawyer would be part of a regional committee dealing with the cases, the court was later informed Cabott had been nominated to serve on the committee, though the details hadn't been finalized.

Lawyers were expected to spend the rest of the day presenting their arguments on the matter, with residential school survivors being given the opportunity to speak following the lawyer's presentations.

A videolink in a second courtroom was expected to be set up for this afternoons proceedings to accommodate the overflow crowd.

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