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canada, history, indigenous-peoples

Indian Residential Schools Settlement Agreement

The Indian Residential Schools Settlement Agreement (IRSSA) resolved the largest class-action lawsuit in Canadian history. Former students brought claims against the Canadian government and churches involved in running residential schools. The parties reached the agreement in 2006, courts approved it in 2007, and implementation began on September 19, 2007.1

The agreement created five main forms of redress:

  • a Common Experience Payment for eligible former students who had lived at a recognized residential school
  • an Independent Assessment Process for claims of sexual or serious physical abuse
  • funding for healing programs
  • funding for commemorative projects
  • the Truth and Reconciliation Commission of Canada.2

The two compensation programs addressed different harms. The Common Experience Payment recognized the shared experience of living at a residential school, while the Independent Assessment Process evaluated individual abuse claims.3

Eligibility rules left some former students outside parts of the settlement. Day Scholars, who attended residential schools but did not live at them, could use the Independent Assessment Process but could not receive the Common Experience Payment. They later pursued a separate class action and settlement.4

References

  1. Crown-Indigenous Relations and Northern Affairs Canada. “Truth and Reconciliation Commission of Canada.” https://www.rcaanc-cirnac.gc.ca/eng/1450124405592/1529106060525. ↩

  2. Government of Canada. “Government of Canada approves Indian Residential Schools Settlement Agreement and launches Advance Payment Program.” 10 May 2006. https://www.canada.ca/en/news/archive/2006/05/government-canada-approves-indian-residential-schools-settlement-agreement-launches-advance-payment-program.html. ↩

  3. Government of Canada. “FAQ: Indian Residential Schools Settlement Agreement September 19, 2012, deadlines.” https://www.canada.ca/en/news/archive/2012/07/faq-indian-residential-schools-settlement-agreement-september-19-2012-deadlines.html. ↩

  4. Justice for Day Scholars. “Frequently Asked Questions.” https://www.justicefordayscholars.com/faqs/. ↩