French versionEnglish version

News Feed

In the News - Archives: 2014-06


Below is a list of articles, with summary, about Indian residentials schools, the IAP and other related news.

Please follow the link to the original story for the complete article.

This information may not be available in your language of choice as it comes from third party sources.

Articles

Preserve Residential School records

Published: Juneá 28, 2014 - Added: Juneá 30, 2014 - Publication: Toronto star

Link http://www.thestar.com/opinion/letters_to_the_editors/2014/06/28/preserve_residential_school_records.html

Various letters to the editor on the issue of the destruction of IAP documents.


Survivors speak out against destruction of residential schools records

Published: Juneá 27, 2014 - Added: Juneá 30, 2014 - Publication: APTN

Link http://www.aptn.ca/news/2014/06/27/survivors-speak-destruction-residential-schools-records/

WINNIPEG – There is growing confusion and anger over a proposal to destroy sensitive evidence about residential school abuse.
 
Sinclair and Shapiro are at odds over what to do with 60,000 boxes and 4.2 million files generated through 20,000 compensation hearings, as part of the Independent Assessment Process (IAP).

Privacy paramount

Published: Juneá 30, 2014 - Added: Juneá 30, 2014 - Publication: The Star Phoenix

Link http://www.thestarphoenix.com/Privacy+paramount/9987921/story.html

Re: Bid to destroy papers unwise (SP, June 24). Thanks to the excellent work of the Truth and Reconciliation Commission, which has collected more than 7,000 voluntary statements from former students and more than a million other documents related to Indian residential schools, there is no danger of forgetting this shameful episode in Canada's history.

Federal Government moves to destroy residential school evidence

Published: Juneá 25, 2014 - Added: Juneá 26, 2014 - Publication: Voices for Canada

Link http://www.voicesforcanada.ca/canada/federal-government-moves-to-destroy-residential-school-evidence/

The ‘Indian’ Residential Boarding Schools regime that Canada imposed upon First Nations began prior to Confederation and continued up until 1996. This scheme can only be described as a deliberate deed by means of internment for the purpose of obliterating First Nations culture, language, society and religion.  Today, due to the acts of the Canadian Government, entire ethnic groups amongst the First Nations are extinct, their languages and traditions lost forever. In addition, the treatment in those residential schools, were such that physical and sexual abuse were rampant, and conditions were highly unsanitary, leading to widespread disease. In the early 20th century, some of these residential boarding schools had a ‘student’ mortality rate that hovered around 50%, yet no investigations were called, and the conditions persisted.
 
According to Shapiro, “the public testimony from 7,000 people who have spoken to the Truth and Reconciliation Commission is enough for the historical record.” On July 14th to 16th, a judge will decide the fate of an enormous amount of first-hand testimony from victims about their experience in the  residential school system. This court case has created more pain for many of the victims. While they wish to maintain their privacy most do not want their testimony destroyed.

Speech | Chief Adjudicator calls for destruction of IAP records

Published: Juneá 25, 2014 - Added: Juneá 26, 2014 - Publication: Nation Talk

Link http://nationtalk.ca/story/speech-chief-adjudicator-calls-for-destruction-of-iap-records/?utm_source=rss&utm_medium=rss&utm_campaign=speech-chief-adjudicator-calls-for-destruction-of-iap-records

Edmonton, June 19, 2014 – Dan Shapiro, the Chief Adjudicator of the Independent Assessment Process (IAP), has called for the destruction of all records related to claims of abuse suffered by students at the Indian Residential Schools.
 
Speaking at a conference of privacy and access experts, Shapiro unveiled the position that he will present to the Ontario Superior Court of Justice at a hearing in July when the Court hears legal arguments on the disposition of IAP records.

Bid to destroy papers unwise

Published: Juneá 24, 2014 - Added: Juneá 24, 2014 - Publication: The Star Pheonix

Link http://www.thestarphoenix.com/life/destroy+papers+unwise/9968567/story.html

Saskatoon lawyer Dan Shapiro is well-intentioned in applying to a court to have the private records and testimony of nearly 38,000 residential school abuse survivors destroyed, but the drastic measure should not go ahead.

Contract on toilet paper slammed by Saskatchewan Law Society

Published: Juneá 24, 2014 - Added: Juneá 24, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/canada/saskatchewan/contract-on-toilet-paper-slammed-by-saskatchewan-law-society-1.2685266

A Saskatchewan lawyer who submitted a piece of toilet paper as proof of a contract with his client has been sharply rebuked by the province's law society.
 
In a decision recently published to an online legal database, Ron Cherkewich, from Prince Albert, Sask., has been ordered to pay a fine and investigative costs totaling $10,500 for the ill-advised stunt, which the law society said amounted to conduct unbecoming a lawyer.
 
According to the decision, Cherkewich's behaviour — described as "rude and provocative" — took place in 2011 while he was representing a client who had filed a claim under Canada's Indian Residential Schools Settlement agreement.
 
The client was appearing before an adjudicator seeking compensation and the adjudicator asked Cherkewich for a copy of the retainer agreement with his client. A retainer agreement is essentially a contract outlining how a lawyer is to be paid.
 
...
 
Cherkewich then handed the adjudicator a piece of toilet paper with a handwritten retainer agreement, signed by him and his client.

Evidence of abuse in residential schools could be destroyed

Published: Juneá 24, 2014 - Added: Juneá 24, 2014 - Publication: The Globe and Mail

Link http://www.firstperspective.ca/index.php/news/3494-evidence-of-abuse-in-residential-schools-could-be-destroyed

The head of the process for compensating survivors of Canada’s aboriginal residential schools is going to court to ensure that their private testimonies of physical, sexual and emotional abuse are never made public.
 
Dan Shapiro, the chief adjudicator of the Independent Assessment Process (IAP), will ask a judge of the Ontario Superior Court to order that hundreds of thousands of documents related to the cases of native claimants be destroyed when the process is ended.
 
Mr. Shapiro will outline his arguments Thursday in Edmonton in a speech to a conference of privacy and access experts, a copy of which was obtained in advance by The Globe and Mail.

Survivors of residential schools push back against document destruction

Published: Juneá 20, 2014 - Added: Juneá 23, 2014 - Publication: The Star

Link http://www.thestar.com/news/gta/2014/06/20/survivors_of_residential_schools_push_back_against_document_destruction.html

Michael Cachagee does not want his story erased from history.
 
The 75-year-old survived 12-and-a-half years at Indian residential schools around Ontario where he says he suffered physical, sexual and emotional abuse. It took him decades to be able to be able to face what happened to him and tell his story to an adjudicator.
 
“Who are they protecting by destroying these? They’re destroying what happened to me. They’re destroying the evidence of the victims,” said Cachagee from his home in Sault Ste. Marie. “They’re protecting, in essence, the perpetrators. They don’t want the public to see the devastation and ugliness of what happened, under the guise of protecting my innocence.”

Calls to destroy evidence from residential school survivors

Published: Juneá 19, 2014 - Added: Juneá 23, 2014 - Publication: Calendon Enterprise

Link http://www.caledonenterprise.com/news-story/4589724-calls-to-destroy-evidence-from-residential-school-survivors/

WINNIPEG - The head of Canada's national archive dedicated to Indian residential schools says the voices of 40,000 survivors would be silenced if a judge orders their emotional testimony destroyed.
 
Director Ry Moran said thousands of survivors seeking compensation told their stories to the Indian Residential Schools Adjudication Secretariat.
 
But many of them didn't have the strength to recount painful memories of sexual, emotional and physical abuse again before the Truth and Reconciliation Commission to make them a matter of public record, he said.

Residential schools top official seeks to destroy documents

Published: Juneá 20, 2014 - Added: Juneá 23, 2014 - Publication: The Star

Link http://www.thestar.com/news/gta/2014/06/20/residential_schools_top_official_seeks_to_destroy_documents.html

Dan Shapiro, chief adjudicator of the residential schools claims process, is calling for all documents resulting from the hearings to be destroyed at the end of the process. Just over halfway done, the hearings have already generated about 795,000 documents as part of hearings about the horrific abuses at residential schools in Canada.

Compromise proposed on private records

Published: Juneá 23, 2014 - Added: Juneá 23, 2014 - Publication: The Star Pheonix

Link http://www.thestarphoenix.com/news/Compromise+proposed+private+records/9964649/story.html

The raging debate over whether to destroy or share the private court records of 37,000 residential school abuse survivors has a simple solution, says Frances Musqua.
 
“Just ask us,” said Musqua, who was sexually abused for two years at St. Phillip’s Indian Residential School in Kamsack.
 
...
 
“It is an individual’s right to decide,” Jonathan said.

Residential school documents must not be destroyed

Published: Juneá 19, 2014 - Added: Juneá 23, 2014 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/globe-debate/editorials/residential-school-documents-must-not-be-destroyed/article19250817/#dashboard/follows/

The legacy of Canada’s aboriginal residential schools is shameful and profound. For more than a century, residential schools meant to educate aboriginal children instead functioned to traumatize them.
 
We know this, in part, thanks to the Truth and Reconciliation Commission, which was established in 2008 to examine the activities perpetrated in those schools, and their impact.
 
It has collected hundreds of thousands of documents on the cases of native claimants.
 
Now, Dan Shapiro, the chief adjudicator of the Independent Assessment Process, will ask a judge to order that the documents created by, and provided to, the IAP be destroyed when the process has ended.

Lawyer disbarred for allegations of misconduct while representing residential school survivors

Published: Juneá 23, 2014 - Added: Juneá 23, 2014 - Publication: Vancouver Sun

Link http://www.vancouversun.com/news/Lawyer+disbarred+allegations+misconduct+while+representing+residential+school+survivors/9964719/story.html

A Calgary lawyer who misused his position to take financial advantage of Indian residential school abuse survivors — including many from British Columbia — has been prohibited from practicing law in Alberta.
 
David Blott, who represented more than 4,700 claimants and earned millions of dollars under the Independent Assessment Process (IAP), resigned earlier this month after he was investigated for allegations of misconduct regarding his representation of claimants.

Evidence of abuse in residential schools could be detroyed

Published: Juneá 19, 2014 - Added: Juneá 19, 2014 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/news/politics/evidence-of-abuse-in-residential-schools-could-be-detroyed/article19234467/?cmpid=rss1

The head of the process for compensating survivors of Canada’s aboriginal residential schools is going to court to ensure that their private testimonies of physical, sexual and emotional abuse are never made public.
 
Dan Shapiro, the chief adjudicator of the Independent Assessment Process (IAP), will ask a judge of the Ontario Superior Court to order that hundreds of thousands of documents related to the cases of native claimants be destroyed when the process is ended.
 
“The history and legacy of residential schools must never be forgotten. But the price of remembering must not be the betrayal of those who were abused as children in those schools,” Mr. Shapiro will tell the crowd. “Our goal is to ensure that the information claimants entrust to us in confidence is protected for all time.”

Calgary lawyer being sued by residential school survivors disbarred

Published: Juneá 17, 2014 - Added: Juneá 18, 2014 - Publication: Legal Feeds

Link http://www.canadianlawyermag.com/legalfeeds/2141/calgary-lawyer-being-sued-by-residential-school-survivors-disbarred.html

A Calgary lawyer being sued by residential school survivors has been disbarred by the Law Society of Alberta and is prohibited from practising law in the province following his resignation last week.
 
Blott was investigated by the LSA for allegations of misconduct related to his representation of clients in the Independent Assessment Process — the process of applying for compensation through the Indian Residential School Settlement Agreement.
 
Taking all fees and interest into account, 73 per cent of the loans from one lender exceeded the criminal rate of 60 per cent per year, according to the monitor’s report found.
 
Another major area of concern related to the involvement of Honour Walk Ltd., a company that provided “form-filler” services in relation to Blott & Co.’s residential schools practice.
 
The defendants also allege Blott signed up more than 5,600 claimants, “without any regard to their ability to properly discharge their professional duties toward these individuals.”

Alberta lawyer disbarred over fees charged to residential school survivors.

Published: Juneá 13, 2014 - Added: Juneá 16, 2014 - Publication: The Vancouver Sun

Link http://www.vancouversun.com/news/Alberta+lawyer+disbarred+over+fees+charged+residential/9937351/story.html

CALGARY - The Law Society of Alberta has disbarred a lawyer accused of misconduct in his handling of settlements awarded to survivors of residential school abuse.
 
David Blott had asked to be allowed to resign before the society's investigation was complete.
 
The chairman of a panel hearing the application Friday made it clear to Blott that his resignation is the same as disbarment.

Lawyer resigns over accusations he treated residential school clients 'like cattle'

Published: Juneá 13, 2014 - Added: Juneá 16, 2014 - Publication: CBC News

Link http://www.cbc.ca/m/touch/canada/edmonton/story/1.2675216

The Law Society of Alberta says a Calgary lawyer revictimized his aboriginal clients and treated them like cattle.
 
David Blott was representing about 4,600 people who were applying for compensation for the residential school settlement program.
 
Today, those former clients applauded the decision to see Blott stripped of his right to practice law in Alberta.

Law Society of Alberta | Media statement | David Blott Disbarred

Published: Juneá 13, 2014 - Added: Juneá 16, 2014 - Publication: Law Society of alberta

Link http://www.lawsociety.ab.ca/docs/default-source/unknown/blott-media-statement-june-13-2014.pdf?sfvrsn=0

Media Statement 
 
Lawyer David Blott Disbarred Following Law Society’s Acceptance of Resignation 
For Immediate Release 
Friday, June 13, 2014 
 
Calgary, Alberta - The Law Society of Alberta received, heard and approved an application for resignation in the face of discipline from Calgary lawyer David Blott. As a result, he is prohibited from practising law in Alberta. 

House of Commons Debates

Published: Juneá 13, 2014 - Added: Juneá 16, 2014 - Publication: PARLIAMENT of CANADA

Link http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=6674873&Language=E&Mode=1

Mr. Charlie Angus (Timmins—James Bay, NDP):
 
Mr. Speaker, it is an honour to rise to speak to Bill C-32, a bill on establishing a victims bill of rights for Canadians.
 
As New Democrats, we are certainly interested in the issues of the bill going forward. We are particularly interested in a number of provisions, including the widening of the definition of “victim” and the creation of a complaints mechanism for victims to file a complaint to a federal or provincial agency if they feel their rights under the charter had been denied.
 
I was looking at that particular provision this week when the survivors of St. Anne's Residential School were once again in the Ontario provincial court over the Conservative government's obstruction of a provincial court order calling on the federal government to release thousands of pages of police testimony regarding the crimes that were committed against the children at St. Anne's. When we talk about victims, I think it is important we say that, under the current government, there are two kinds of victims in this country, and unfortunately for first nations victims, their rights continue to be undermined.

Manitoba judge nullifies 'unconscionable' fees for residential school survivors

Published: Juneá 12, 2014 - Added: Juneá 13, 2014 - Publication: The Daily Courier

Link http://www.kelownadailycourier.ca/news/national_news/article_bfdc7c9e-5d36-56ea-8daa-f60f5b97dcd4.html

WINNIPEG - A Manitoba judge says extra fees charged to residential school survivors by companies that fill out forms were in many cases illegal and in some cases unconscionable.

The ruling by Court of Queen's Bench Justice Perry Schulman affects more than 30 lawyers and agencies across Canada and will result in some survivors reimbursed for fees they paid.


Residential Schools: The Pain that Keeps on Giving

Published: Juneá 12, 2014 - Added: Juneá 13, 2014 - Publication: Wawatay News

Link http://www.wawataynews.ca/archive/all/2014/6/12/residential-schools-pain-keeps-giving_25661

The Indian Residential Schools Truth and Reconciliation Commission recently completed four years of public hearings recording story after story of appalling physical and sexual abuse, neglect and selective cultural genocide.
 
But there are some narratives coming out of this colonialist and racist residential school period that will never be heard. Stories from those who escaped the clutches of Indian agents and religious orders hell bent on saving their charges from it, but who were, nevertheless sideswiped by this terribly misguided policy.

Manitoba judge nullifies 'unconscionable' fees for residential school survivors

Published: Juneá 12, 2014 - Added: Juneá 13, 2014 - Publication: The Vancouver Sun

Link http://www.vancouversun.com/news/national/Manitoba+judge+nullifies+unconscionable+fees+residential/9922395/story.html

WINNIPEG - A Manitoba judge says extra fees charged to residential school survivors by companies that fill out forms were in many cases illegal and in some cases unconscionable.
 
The ruling by Court of Queen's Bench Justice Perry Schulman affects more than 30 lawyers and agencies across Canada and will result in some survivors reimbursed for fees they paid.

It’s time for Canada to honour the spirit of the 6 year old apology to IRS survivors

Published: Juneá 12, 2014 - Added: Juneá 13, 2014 - Publication: Alberta Native News

Link http://http://www.albertanativenews.com/its-time-for-canada-to-honour-the-spirit-of-the-6-year-old-apology-to-irs-survivors/

“Six years ago on June 11, Prime Minister Stephen Harper rose in the House of Commons and stated that the attitudes and objectives behind residential schools were wrong and will never prevail in Canada again. And yet these same attitudes and approaches that created the residential schools and sustained them for over 100 years continue to hold back First Nations and all of Canada from achieving real change,” said AFN spokesperson and Quebec/Labrador Regional Chief Ghislain Picard.  “Now more than ever we must see the Government of Canada bring life to the words of the apology and work with First Nations in the spirit of true reconciliation to address the many challenges before us. Reconciliation requires respecting and implementing First Nation and Aboriginal rights and title, the Treaties and jurisdiction in ways that will drive real change for First Nations peoples and communities.”
 
The historic apology offered to residential school survivors took place in the House of Commons June 11, 2008.  It included a commitment by Parliament and all of Canada to join First Nations on a shared journey toward healing and reconciliation as set out in the 2007 Indian Residential School Settlement Agreement (IRSSA).

Statement – 6th anniversary of the Statement of Apology

Published: Juneá 11, 2014 - Added: Juneá 13, 2014 - Publication: Liberal Party of Canada

Link http://http://carolynbennett.liberal.ca/blog/statement-6th-anniversary-statement-apology/

OTTAWA– Hon. Carolyn Bennett, Liberal Party of Canada Aboriginal Affairs critic, made the following statement today on the 6th anniversary of the Government of Canada’s Statement of Apology to former students of Indian Residential Schools: ...

Unconscionable and Unenforceable

Published: Juneá 11, 2014 - Added: Juneá 13, 2014 - Publication: slaw.ca

Link http://www.slaw.ca/2014/06/11/unconscionable-and-unenforceable/

The practices of some “form-filler” companies who assisted residential school survivors with filing their claims under the Indian Residential Schools Settlement Agreement (IRSSA) were described as “unconscionable” in a decision from the Manitoba Court of Queen’s Bench issued last week.

The form-filler companies were charging a contingency fee of some 15-25% of settlement amounts paid to claimants under the Agreement.

As Dan Shapiro noted, in an April 2014 interview with the Globe and Mail:

The whole Independent Assessment Process was designed to provide redress for historic wrongs for abuses that occurred at residential schools and it would be very unfortunate if part of the legacy of the IAP was that claimants were being revictimized by people that they were vulnerable to and trusted.

Blott to resign: No guarantee of an apology

Published: Juneá 12, 2014 - Added: Juneá 13, 2014 - Publication: APTN

Link http://www.aptn.ca/news/2014/06/12/blott-resign-guarantee-apology/

Will he apologize or won’t he? That’s the question on the minds of residential school survivors mistreated by a Calgary lawyer.
 
Blott has agreed to resign from the profession instead of facing a disbarment hearing before the Law Society of Alberta.
 
Sources tell APTN Investigates Blott will agree to a negotiated statement of facts regarding legal and ethical misconduct, based on information gathered by investigators for the B.C. Supreme Court and by different investigators working for the Law Society of Alberta.

Documents related to St. Anne's residential school to be released

Published: Juneá 11, 2014 - Added: Juneá 12, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/aboriginal/documents-related-to-st-anne-s-residential-school-to-be-released-1.2672256

For the second time in the past year, Edmund Metatawabin was in a Toronto courtroom fighting for the documents that help tell his life story.
 
Mr. Metatawabin is a survivor of the the St. Anne's Indian Residential School in Fort Albany, Ontario. Like many survivors, he's struggled to gather the documents required for his compensation claim.
 
Yesterday, Metatawabin's lawyer Fay Brunning argued for the federal government to release documents related to the trial of Anna Wesley. Ms. Wesley was an employee at St. Anne's, and in 1999 she was convicted of administering a noxious substance to children.
 
This is another chapter in a long fight for the release of documents related to this school. In January, an Ontario judge ordered Ottawa to hand over documents related to abuse at the school. 
 
"IAP process is supposed to be non adversarial but it’s been nothing but adversarial. We’ve been called liars and that we’re making things up and we’re imagining a lot of things." said Metatawabin. "We have no recourse but to go through the courts…which will take years."

Winnipeg lawyer disputes residential school form-filling fees ruling

Published: Juneá 11, 2014 - Added: Juneá 12, 2014 - Publication: Global News

Link http://www.globalnews.ca/news/1389278/winnipeg-lawyer-disputes-residential-school-form-filling-fees-ruling/

WINNIPEG – A Manitoba judge says extra fees charged to residential school survivors by companies that fill out forms were in many cases illegal and in some cases unconscionable, but a Winnipeg lawyer is disputing the ruling.
 
In one of the test cases before the court, Winnipeg lawyer Ken Caroll was also part owner of the form-filling company his firm used. Schulman found some survivors were confused and had been pressured into handing over money to the form-filling agency.
 
“I have never collected legal fees from my survivor clients beyond those amounts approved through the IAP system,” Carroll said in a statement on Tuesday.

Form-filling companies ‘illegal’ and ‘unconscionable’: Manitoba judge

Published: Juneá 11, 2014 - Added: Juneá 12, 2014 - Publication: APTN

Link http://www.aptn.ca/news/2014/06/11/form-filling-companies-illegal-unconscionable-manitoba-judge/

WINNIPEG – A residential schools lawyer is distancing himself from a form-filling company after a judge ruled they are illegal.
 
Ken Carroll of Winnipeg says he’s cut ties with the company – First Nations Residential School Solutions – and given up his financial stake in the firm.
 
“I have worked with a form filler organization and the original concept proposed by them involved my owning a 25 per cent interest in that company. But that interest was abandoned very early in my involvement in the process as soon as I recognized problems with the concept which was over a year before we engaged in our first hearing and about 18 months before the incidents being reported upon,” Carroll said in a two-page statement sent to APTN Investigates.
 
Carroll says he divested himself well before Justice Perry Schulman’s strongly worded decision of June 4, in response to a request-for-direction from the Indian Residential Schools Adjudication Secretariat.

Doug Keshen's residential school disbursements raise questions

Published: Juneá 10, 2014 - Added: Juneá 11, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/canada/thunder-bay/doug-keshen-s-residential-school-disbursements-raise-questions-1.2670662

The court monitor for the Indian Residential Schools Settlement Agreement is seeking direction from the Ontario Superior Court after four clients complained about Kenora law firm Keshen and Major.
 
Court documents, obtained by CBC News, indicate the former residential school students received thousands of dollars less in settlement payments than they were issued.
 
The rest of the money is alleged to have gone to such things as cash advances, administration fees, loans and interest. The Indian Residential School Settlement Agreement says that's not allowed.

Residential School Apology Anniversary

Published: Juneá 11, 2014 - Added: Juneá 11, 2014 - Publication: Net News Ledger

Link http://www.netnewsledger.com/2014/06/11/residential-school-apology-anniversary/

AFN in a media release states, “The historic apology offered to residential school survivors took place in the House of Commons June 11, 2008. It included a commitment by Parliament and all of Canada to join First Nations on a shared journey toward healing and reconciliation as set out in the 2007 Indian Residential School Settlement Agreement (IRSSA)”.
 
The Government of Canada is currently taking applications for the final phase of compensation as outlined in IRSSA. Personal credits for education programming are being offered to recipients of Common Experience Payments for a one-time credit of $3000 (no cash value).

Judge condemns taking legal fees from residential school survivors' compensation

Published: Juneá 10, 2014 - Added: Juneá 10, 2014 - Publication: Winnipeg Free Press

Link http://www.winnipegfreepress.com/local/Judge-condemns-taking-legal-fees-from-residential-school-survivors-compensation-262412981.html

The day Winnipeg lawyer Ken Carroll talked a sick, elderly woman into a 10-hour bus trip from Thunder Bay and had staff take $8,100 off her cheque as soon as she walked out of a Winnipeg bank, he was in trouble.

"In addition to the illegal aspects of the form filling contracts... if they were not already void, I would find them voidable for being unconscionable," Schulman said in expressively strong language.


Form-filling fees for residential school claims illegal: judge

Published: Juneá 09, 2014 - Added: Juneá 10, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/canada/north/form-filling-fees-for-residential-school-claims-illegal-judge-1.2670238

A Manitoba judge says extra fees charged to former residential school students by companies that fill out forms were in many cases illegal and in some cases unconscionable.
 
The ruling by Court of Queen's Bench Justice Perry Schulman affects more than 30 lawyers and agencies across Canada and will result in some survivors reimbursed for fees they paid.

Judge voids form-filler fees

Published: Juneá 10, 2014 - Added: Juneá 10, 2014 - Publication: Winnipeg Free Press

Link http://www.winnipegfreepress.com/local/judge-voids-form-filler-fees-262479871.html

A Winnipeg law firm, slammed by a judge for its "unconscionable" treatment of Indian residential school survivors, may be far from the only culprit in a practice that affected at least 1,000 clients from the Northwest Territories to Ontario.
 
Six other Manitoba law firms are listed by the judge as having been served notices in the court action. None has been found guilty. Manitoba Queen's Bench Justice Perry Schulman stated Winnipeg lawyer Ken Carroll and the First Nation Residential School Solutions Inc. were a test case for the legal principle.
 
At issue in the 55-page judgment is a practice where "form fillers" linked to law offices did the claims work for residential school survivors and charged a 15 per cent to 25 per cent contingency fee.

Manitoba judge nullifies form-filling fees for residential school victims

Published: Juneá 09, 2014 - Added: Juneá 10, 2014 - Publication: CTV News

Link http://www.ctvnews.ca/canada/manitoba-judge-nullifies-form-filling-fees-for-residential-school-victims-1.1860326

WINNIPEG -- A Manitoba judge says extra fees charged to residential school survivors by companies that fill out forms were in many cases illegal and in some cases unconscionable.
 
Schulman ruled the bulk of that work should have been done by lawyers at no extra charge.
 
He has given companies 30 days to respond to a proposed further order that survivors can be charged nothing other than legal fees.

Indian Residential School Settlements Under Investigation

Published: Juneá 09, 2014 - Added: Juneá 10, 2014 - Publication: Net News Ledger

Link http://www.netnewsledger.com/2014/06/09/indian-residential-school-settlements-under-investigation/

THUNDER BAY – NEWS - A June 4 decision by Manitoba Justice Perry Schulman in Fontaine et al. v. Canada (Attorney General) found that so-called form-fillers acted in an “unconscionable” fashion with “unequal bargaining power” while coercing Residential School survivors to sign payment agreements that deprived as many as 1,000 former students the full amount of their claims awarded under the IRS.
 
NAN and GCT#3 encourage all IAP claimants who have questions about fees paid while settling their claims to call the Independent Assessment Process toll-free information line at 1-877- 635-2648. Updates as more information becomes available will be posted on the Indian Residential Schools Adjudication Secretariat website at www.iap-pei.ca.

Indian residential school claimants stalled by document search

Published: Juneá 09, 2014 - Added: Juneá 09, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/aboriginal/indian-residential-school-claimants-stalled-by-document-search-1.2662404

Thousands of former Indian residential school survivors are still waiting to begin the Independent Assessment Process (IAP).
 
The collection of mandatory documents has been identified as the most significant barrier to scheduling more hearings.
 
Currently there are 8,209 claims that are still waiting for a scheduled hearing. Over 50 per cent of these applications are being held up because they lack mandatory documents, the most common being medical records.

Check out the Apology Dice

Published: Juneá 05, 2014 - Added: Juneá 09, 2014 - Publication: SooToday.com

Link http://www.sootoday.com/content/arts/details.asp?c=74062

As part of the Shingwauk Residential Schools Centre (SRSC)'s ongoing critical and creative Healing and Reconciliation through Education programming and its partnership with the Art Gallery of Algoma (AGA), the SRSC and the AGA are pleased to announce a new, original, interactive installation by visiting artists David Garneau and Clement Yeh.

The installation will overlap and coincide with June 11, the anniversary of Prime Minister Stephen Harper's historic but apocryphal 2008 Statement of Apology to former students of Indian Residential Schools.


Kenora Lawyer Doug Keshen under investigation

Published: Juneá 09, 2014 - Added: Juneá 09, 2014 - Publication: CBC News

Link http://www.cbc.ca/news/canada/thunder-bay/kenora-lawyer-doug-keshen-under-investigation-1.2667705

CBC News has learned Doug Keshen and his law firm Keshen and Major are being investigated after complaints about the treatment of residential school survivors.

Residential school survivors win court battle against form fillers

Published: Juneá 06, 2014 - Added: Juneá 09, 2014 - Publication: Globe and Mail

Link http://www.theglobeandmail.com/news/politics/residential-school-survivors-win-battle-against-form-fillers/article19060730/

It is illegal for form-filling agencies to exact fees from First Nations people for helping them to complete the paperwork required to claim compensation for abuses suffered at residential schools, a judge has ruled.
 
More than that, Justice Perry Schulman of the Manitoba Court of Queen’s Bench wrote in a decision released this week, the “unequal bargaining power” of the form fillers means they acted in an “unconscionable” fashion when they coerced school survivors to sign payment agreements.