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In the News - Archives: 2016-02


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

Lawyer accused of misconduct in residential school claims faces summer hearings

Published: February  26, 2016 - Added: February  26, 2016 - Publication: CBC

Link http://www.cbc.ca/news/canada/thunder-bay/doug-keshen-lawyer-residential-school-complaints-1.3463676

The Law Society of Upper Canada has set aside nearly six weeks — beginning in June — to hear allegations against Kenora lawyer Doug Keshen, who is accused of professional misconduct in his dealings with some residential school survivors.
 
Keshen is alleged to have transferred thousands of dollars from residential school clients to himself.

Committee rejects call to investigate discarded residential-school compensation claims

Published: February  25, 2016 - Added: February  26, 2016 - Publication: Globe and Mail

Link http://www.theglobeandmail.com/news/politics/committee-rejects-call-to-investigate-discarded-residential-school-compensation-claims/article28924513/

The head of the committee established to oversee the process for compensating people who were abused at Canada’s Indian residential schools has rejected a call to investigate why government lawyers were allowed to use a legal technicality to have many of the claims thrown out.

Halt ordered to denying residential school abuse claims on technicality

Published: February  11, 2016 - Added: February  12, 2016 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/news/politics/ottawa-halts-residential-school-claims-affected-by-administrative-split/article28738537/

The man who oversees the process established to compensate people who were abused at one of Canada’s Indian residential schools has put a hold on all undecided claims in which a technical argument called the “administrative split” is being used to deny a payout.
 
Daniel Shapiro, the chief adjudicator of the Independent Assessment Process (IAP), which was created to allow former students who suffered serious physical or sexual abuse to obtain quick redress without going to court, issued a bulletin to all of his adjudicators saying they should not proceed with cases that could be affected.

More lawyers accused of mishandling residential school files

Published: February  09, 2016 - Added: February  10, 2016 - Publication: APTN

Link http://aptn.ca/news/2016/02/09/more-lawyers-accused-of-mishandling-residential-school-files/

The Law Society of Manitoba is getting ready to discipline two lawyers over their handling of residential school compensation files.
 
Louay Alghoul, CEO of Alghoul & Associates Law Firm & Immigration Services in Winnipeg, and Moses Okimaw, a former chief of Manto Sipi First Nation in northern Manitoba, are scheduled for disciplinary hearings in the coming weeks.
 
Both are accused of failing to properly represent one residential school survivor each. The law society’s three-member disciplinary committee will review the lawyers’ “quality of service” and other professional conduct, said Leah Kosokowsky, the law society’s director of regulation.

Some former residential students denied compensation

Published: February  09, 2016 - Added: February  10, 2016 - Publication: Nunastsiaq Online

Link http://www.nunatsiaqonline.ca/stories/article/65674some_former_residential_students_denied_compensation/

The federal government has promised to look into an estimated 1,000 compensation claims made by residential school survivors that were rejected due to an administrative glitch.
 
The problem hinges on an “administrative split,” created in the 1950s and 1960s, when the federal government began operating certain residential schools, while leaving others to be operated by religious organizations.
 
That specific glitch doesn’t extend as far as Nunavut, or into other northern territories where Inuit attended residential schools, which remained largely under the control of the federal government.
 
Still, anywhere between 10 and 20 Inuit applicants in Nunavut have been denied compensation under IAP for other technicalities, said Steven Cooper, an Edmonton-based lawyer who has represented former residential school students for nearly two decades.

Tactic used to reject residential-school claims goes against apology: AFN chief

Published: February  04, 2016 - Added: February  05, 2016 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/news/politics/tactic-used-to-reject-residential-school-claims-goes-against-apology-afn-chief/article28580889/

The head of Canada’s largest indigenous organization says the government acted counter to its own apology for the treatment of children at Indian residential schools when it used a technical argument to deny compensation to many of those who were abused.
 
Two years later, Justice Department lawyers working under Mr. Harper’s government began to argue in compensation hearings that more than 50 of the schools listed in the settlement agreement ceased to be residential schools in the 1950s and 1960s when Ottawa took over the operation of the educational facilities and left the churches responsible for only the dormitories – a move known as the administrative split. Justice lawyers successfully argued that students who were sexually or physically assaulted after that time in any place but the dormitories were not abused at a residential school and were, therefore, not entitled to payment for their suffering.

On residential school claims, Ottawa must pay what is owed

Published: April  03, 2016 - Added: February  04, 2016 - Publication: The Globe and Mail

Link http://

It takes a cold-hearted government to acknowledge that a child has been abused while in its care but then refuses to pay compensation on the grounds that the abuse happened in the wrong part of a building.

That, in essence, is the argument that Justice Department lawyers made in 2010, three years into the historic residential school compensation program launched by Canada’s still-reverberant Harper government. It is an injustice that cries out to be fixed by the Trudeau government.


Ottawa to review tactics used to reject residential-school claims

Published: February  03, 2016 - Added: February  04, 2016 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/news/politics/ottawa-to-review-rejected-abuse-claims-from-residential-school-survivors/article28548565/

Canada’s Indigenous Affairs Minister has told her department to conduct an urgent review of a practice that denied compensation to some indigenous Canadians who were abused at Indian residential schools listed in a settlement agreement with survivors.
 
“I have asked my department to look into this and we are going to look into it in a very serious manner right now,” said Carolyn Bennett, who described the matter as “urgent.”
 
Dr. Bennett’s announcement in the House of Commons comes after The Globe and Mail reported Wednesday that Justice officials in the former Tory government used a technicality in the agreement that led to compensation being denied to more than 1,000 abuse victims.

Bennett to look into residential school cases

Published: February  04, 2016 - Added: February  04, 2016 - Publication: The Mississauga News

Link http://www.mississauga.com/news-story/6262350-bennett-to-look-into-residential-school-cases/

OTTAWA — Indigenous Affairs Minister Carolyn Bennett says her department will look into the cases of about 1,000 residential school students who have been disqualified for compensation by a technicality. 
 
The minister made the commitment Wednesday in the House of Commons after the federal Liberal government came under fire during question period. 

Ottawa used technicality to disqualify 1,000 residential-school claims

Published: February  02, 2016 - Added: February  03, 2016 - Publication: The Globe and Mail

Link http://www.theglobeandmail.com/news/politics/ottawa-used-technicality-to-disqualify-1000-residential-school-claims/article28529588/

The federal government used a technical argument to disqualify an estimated 1,000 claims for compensation made by indigenous Canadians who were abused at Indian residential schools listed in the agreement negotiated to award them for their suffering.
 
In late 2010, Justice Department lawyers began arguing that schools listed in the settlement agreement ceased to be residential schools at the time the administrative split took place – and that any student who was abused after that point should be disqualified from receiving compensation unless the abuse occurred within the church-run residences.

Indian residential schools: 5,300 alleged abusers located by Ottawa

Published: February  02, 2016 - Added: February  02, 2016 - Publication: CBC News

Link http://www.cbc.ca/news/aboriginal/residential-school-alleged-abusers-iap-1.3422770

Investigators hired by the federal government have located thousands of people accused of physically and sexually abusing students at Canada's Indian residential schools — though they may never face criminal charges.
 
As part of the Indian Residential Schools Settlement agreement, the government located 5,315 alleged abusers, both former employees and students.
 
Seventeen private investigation firms were contracted, at a cost of $1,576,380, beginning in 2005, according to information provided by Indigenous and North Affairs Canada (INAC).

Residential school survivor raped as child lost claim after Ottawa’s lawyers pulled 'legalistic' move

Published: February  09, 2016 - Added:   2-, 2016 - Publication: APTN

Link http://aptn.ca/news/2016/02/09/residential-school-survivor-raped-as-child-lost-claim-after-ottawas-lawyers-pulled-legalistic-move/

A residential school survivor was denied compensation for a rape she suffered as a 7-year-old child after federal government lawyers successfully argued the place of the attack did not qualify as a residential school because a different branch of Indian Affairs cut the cheques for teachers who taught there, according to the survivor’s lawyer.
 
Justice Canada lawyers argued, and the adjudicator agreed, that the place where the attack occurred did not qualify as a residential school because Indian Affairs’ day school branch-not the residential school branch-paid the teachers there at the time of the incident.