November 23, 2005:

$1.9 Billion for Agreement in Principle on Residential School Claims:

Today, the Government of Canada announced that $1.9 Billion would be set aside for victims of Residential School Claims. The Agreement in Principle requires approval by the courts. If approved, the Agreement in Principle would provide the following elements:

Common Experience Payment: Under the Common Experience Payment every eligible former residential school student would receive ten thousand dollars for their first year of residential school as well as an additional three thousand dollars for each additional year of attendance at a residential school. Former Indian residential school students 65 years of age and older will be able to apply for an advance payment of eight thousand dollars. The compensation would be payable to every eligible former Indian residential school applicant living as of May 30, 2005.

Independent Assessment Process: Under the Agreement in Principle, more serious claims of sexual and physical abuse will be resolved by an independant adjudicator in an approved alternative dispute resolution process called the “independant assessment process”. The Government of Canada would pay 100% of all claims validated by the independent adjudicator.

Truth and Reconciliation: The Government of Canada would contribute 60 million to be allocated towards the creation of a Truth and Reconciliation Process. The Truth and Reconciliation Process will promote public education and awareness about the Indian residential school system and its impact on first nations peoples.

Commemoration: An additional 10 million would be provided for funding for commemorative initiatives, events, projects and memorials on a national and community level. Healing: The Aboriginal Healing Foundation will receive an additional endowment of 125 million dollars. Although not finalized, payments under the Agreement in Principle are not expected to be taxable or effect social benefits or social assistance benefits.

Recent Supreme Court of Canada (SCC) Decisions on Residential School Claims:

E.B.v.Oblates of Mary Immaculate (BC)[2005 SCC 60]

In this case, the SCC were deciding whether or not the church responsible for operating an Indian residential school was vicariously liable for the sexual assaults committed by one of its lay employees. The majority of the SCC found that the church was not vicariously liable for the employees actions since there was little connection between the misconduct at issue and the job requirements held by the particular employee. In this case, the employees duties did not involve any degree of intimacy or close contact with the students of the Indian residential school. The employee at issue was a baker that also performed other maintenance duties and was restricted from having access to the children.

Blackwater v. Plint [2005 SCC 58]

In this case, the SCC had to consider the extent of vicarious liability by the church operating the Indian residential school and the Government of Canada for the actions of one of the church employees. The SCC was unanimous in finding both Canada and the church were liable for sexual abuse and other harm suffered at the residential school. The SCC held that the trial judge was correct in apportioning the damages 75% to Canada and 25% to the church. The SCC awarded 125,000 dollars in general damages, plus 20,000 dollars in aggravated damages, plus 20,000 dollars for loss of future earning opportunity.