By Rachel Maclean
Cochrane Eagle
July 12, 2011
http://www.cochraneeagle.com/2011/07/reconciling-the-past-of-residential-schools/
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| Morley Residential School |
Edmonton-based lawyer travels to Morley to meet with new and existing clients
Morley Residential School
Residential school lawyer Melissa Staples travels down to Morley roughly every month to hold sessions with new and existing clients who are involved in settlements for physical and sexual abuse from their time spent in residential schools.
Along with her colleague Jennifer Ornstein, she will be holding sessions for those looking to file an Independent Assessment Process (IAP) claim July 18 at the Wesley's Elder Lodge from 10 a.m. to 3 p.m.
"Some phone ahead for appointments, but we are also available for drops ins," said Staples.
Roughly 150,000 First Nations, Inuit and Métis children were taken from their communities and forced to attend the schools where in many cases neglect and emotional, physical and sexual abuse were common practices.
The schools started mid-19th century with the last residential school closing in 1996.
Stoney research director Ian Getty said Morley's residential school operated in the community from 1886 to 1969, first with a Methodist church-run orphanage and then a residential school operated by the United Church of Canada, which opened in 1926 and closed in 1969.
Staples explained in 2006 the Indian Residential Schools Settlement Agreement was signed and entitled residential school students to make two claims: the common experience payment and the IAP.
The claims are paid out of a pot of both federal government monies as well as the church responsible for the children's care.
The common experience payment was for everyone who went to residential schools and gave $10,000 for the first year of attendance and $3,000 for every year after, but the IAP is for serious charges of abuse.
The two types of claims are sexual abuse or severe physical abuse causing lasting effects.
"Right now we have 30 active (IAP) clients (in Morley), but some have already gone through the system," said Staples.
Once the claimant passes the threshold that allows them to qualify for other issues such as emotional abuse.
Staples said there are rare exemptions for "other wrongful acts," but they are not common.
She said anyone who files a claim then goes through a hearing, not a trial, which is closed to the public.
"It's complex enough to have a lawyer help you get through it," said Staples.
The claimant is allowed to bring in emotional support to sit with an adjudicator for the hearing.
"It's a huge healing step because they finally have a chance to tell their stories," said Staples.
"Most won't be able to confront their abusers, but at a hearing they can talk about it in a private, safe place."
She said they are trying to get to as many people as possible because the deadline to file a claim is Sept. 12, 2012.
"It had a five-year mandate . . . and that five-year window ends in 2012," said Staples.
She said all residential school students should get legal advice before the deadline, even if they are not sure.
Staples said her firm Field LLP has been dealing with residential school claims since 1998.
She said the company started receiving so many claims they have now dedicated a whole department of 10 lawyers, five paralegals and three assistants just to get the work done.
Staples has dealt with many cases and heard many stories, but mostly dealing with Alberta Residential Schools.
She said while they have been receiving a lot of claims from the 1960s, there aren't any schools worse than others.
Staples said most Stoney kids were sent to the Morley Residential School but may have attended other schools if those schools were over capacity.
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