Former residential school students sound off on compensation

CBC News

A Winnipeg courtroom was packed to capacity Thursday with former native residential school students, who voiced their concerns with the federal government's compensation package.

A Court of Queen's Bench judge will decide if Ottawa's compensation package for former native residential school students is fair and reasonable. It is one of nine hearings taking place across the country this fall.

If the package is approved, compensation cheques could start arriving as early as next summer.

Under the $1.9-billion settlement package approved by the Conservative government in May, any former student is offered a lump sum of $10,000, plus $3,000 for each year spent in the schools. Former students can seek more compensation if they can prove sexual or physical abuse.

Some former students, however, have argued that Ottawa did not consult a wide enough range of former students in drafting the criteria for compensation.

Some abuse not compensated

Randy Guimond said he was worried he would not be compensated for the sexual abuse he experienced from a fellow student at the Fort Alexander residential school. Ottawa's compensation package does not cover abuse by other students, he said.

"You're ashamed to bring it up, because you don't want to get beaten up — you don't know nothing about RCMPs or nothing like that," he said Thursday.

"You're in a school, but you're in a institution. I mean, they're supposed to protect you; they don't protect you."

Longtime activist Ted Fontaine said he has filed an objection to the deal as well, arguing that voices of average students were never heard when the compensation package was crafted.
 
"If you didn't get any kind of funding, or if you were not employed by any of the sources that were dealing with this issue, you didn't have a chance to participate," he said.

Ken Young, a senior adviser with the Assembly of First Nations, admitted the compensation package isn't perfect, but he is confident the courts will decide it is fair and reasonable.

The hearing continues Friday.

Man. judge to scrutinize residential school compensation package

CBC News

While a Winnipeg judge will be asked this week to decide if the federal government's compensation package for former native residential school students is fair and reasonable, one former student says the deal still has serious problems.

The hearing is expected to take place Thursday and Friday at the Manitoba Court of Queen's Bench. It is one of nine hearings taking place across the country this fall. A similar hearing starts Tuesday in Yellowknife.

Under the $1.9-billion settlement package approved by the Conservatives in May, any former student is offered a lump sum of $10,000, plus $3,000 for each year spent in the schools. Former students can seek more compensation if they can prove sexual or physical abuse.

But Ray Mason said he thinks the hearings are just slowing down justice.

"I can't understand why they would have to go … across Canada when they could have come up with an easier, faster way of doing it," said Mason, who attended three residential schools in the province.

Federal lawyers say this was the only way to resolve thousands of cases covered by class-action suits.

Winnipeg lawyer Bill Percy, who represents hundreds of former students, said if the courts approve the deal, compensation cheques could start coming by next summer.

"Four to five of the survivors die each day, roughly. So it's critical that this get done for them, because until the case is settled they're unable to receive the financial benefits of the settlement," Percy said.

Former student fears 'faulty record-keeping' could cost thousands

Mason said he attended residential schools from the second grade onward, but Ottawa only has records of him attending a few of those years.

Since compensation is based on the number of years students spent in the schools, Mason said he fears he may be out thousands of dollars in compensation.

"They seem to be putting the onus on us to prove that we have been in these certain schools, and it's not being reasonable that they are expecting us to prove each place and each time," he said.

"They have all the records, and it's not our fault if they have faulty record-keeping."

Mason will ask the court to consider a system in which fellow classmates could verify a student's attendance, or where sworn oaths could be taken at traditional ceremonies.

In a similar hearing in Saskatchewan last month, some former students were concerned that lawyers who represent around 10,000 claimants could pocket up to $40 million in legal fees from the compensation package.

The judge there, who was also asked to look at how much to pay the lawyers, has reserved his decision.