In March, 2003, the Primate signed an historic agreement with the government of Canada to resolve the disputes between the church and government around who was responsible for abuse in the Indian residential schools. Former students had filed approximately 12,000 claims against the government, and roughly 20 per cent of these involved attendance at schools operated by the Anglican church. More claims are expected.
As part of the Agreement, the Anglican church undertook to establish a Settlement Fund and raise $25 million to be made available for compensation to those who had been abused in the schools between 1920 and 1969. When each claim is settled, the government pays 70 per cent and the church, from this fund, pays 30 per cent. Once the total $25 million has been expended, the church's obligation comes to an end, and the government will pay 100 per cent of any later claims. Validation and the assessment of the amount to be paid for any claim are left in the hands of the government, although the church retains the right to be present at hearings if it wishes.
In an amazing 80 days, from late November 2002 to early February 2003, the Anglican Church of Canada mobilized itself and 30 dioceses in response to the signing of the Agreement. Through special synods or meetings of executive councils, General Synod and each diocese ratified the agreement and signed notes committing themselves to raise their share of the $25 million over the next five years.
Just 18 months into this effort, more than half the funds have been raised ($13.9 million). Six dioceses have contributed their total amount, and others are engaged in various fundraising projects to meet their commitments. Anglicans are responding generously, convinced that our obligations to these former students -- Anglican children -- stem from our belief that it is the right thing to do.
So far, more than $3.5 million has been paid out to victims of abuse, almost all resulting from pre-trial settlements. The government has established an alternative dispute resolution process (ADR) to expedite the claims and to provide a less adversarial setting for the hearing of claims than is available through court processes. To date, more than 800 applications have been received, 175 of those involving Anglicans. Only a few have been actually heard, but the process is moving ahead with emphasis on the elderly and the sick whose claims will be heard first.
There are many critics of the ADR process, but it is resolving claims. The Anglican Council of Indigenous Peoples and other aboriginal groups continue to critique the program because it appears to be overly bureaucratic, because awards vary by province, because the church still requires a full release before a claimant receives compensation, and because they feel the process is too complicated. To begin, a 34-page questionnaire needs to be completed in applying for ADR. The church continues to challenge the government in the operation of this program, and continues to review its own role in the adjudication and healing process.
When an ADR hearing is scheduled, the Anglican church is prepared to have a representative present, not to argue the legal points, but to support the claimant, and participate in any ceremony of healing. The claimant is asked if he or she would like the church to be represented, and we respond accordingly. To date we have had representation at three such hearings, and will be present at several more that are in the planning stage.
There are many critics of the ADR process, but it is resolving claims. The Anglican Council of Indigenous Peoples and other aboriginal groups continue to critique the program because it appears to be overly bureaucratic, because awards vary by province, because the church still requires a full release before a claimant receives compensation, and because they feel the process is too complicated.
Indeed, from the beginning of the flood of litigation, we have been clear that our first goal is healing. The lives of many were damaged by the residential school experience, not just the students who attended, but their descendants and family members. The Anglican church's Indigenous Healing Fund (see accompanying article) which was established in 1991 has made just under $1.7 million in grants to local community and church organizations that have developed healing programs. In 2004, $300,000 was available from the General Synod budget to provide resources for this work.
In 2004 the Episcopal Church in the United States, our sister Anglican church, gave us an unrestricted gift of $250,000 (U.S.) This was in response to the residential schools issue that has hit us hard over the past many years. The Council of General Synod decided to give 30 per cent of this gift to the Healing Fund, and to share the rest with the dioceses who have incurred legal costs over the years.
The Settlement Fund will be fully in place by 2008, and no more fundraising for it will be required. Our financial obligation will be finished. All former students whose claims have been validated will receive compensation, and the church can carry on with its regular mission work, including the crucial work of healing and reconciliation with the nation's indigenous peoples.
I express my sincere thanks to all those faithful Anglicans who have contributed through their dioceses to the Settlement Fund, and to the many volunteers and clergy who have given leadership to ensure that our obligations have been met.
