Survivor Says Assessment Process Falling Short

By Kerry Benjoe
Leader-Post
June 18, 2013

http://www.leaderpost.com/life/Survivor+says+assessment+process+falling+short/8539759/story.html

Five years have passed since the federal government apologized, on behalf of Canada, to all Indian residential school survivors for the abuses they suffered at the schools.

Some survivors believe abuse by the federal government continues, but in a much different form.

Moses Redman, a survivor, waited years for an opportunity to tell his story.

In November, he went through the Independent Assessment Process (IAP) but instead of leaving with a sense of relief, he left feeling angry and frustrated.

The process is part of the Indian Residential Schools Settlement Agreement. It is a way for a former student, who was abused, to settle out of court. It is the only way a survivor can make a claim, unless he or she has opted out of the settlement agreement. Those who opted out have to go to court.

The person who makes the decision in these claims is called an adjudicator, who is to be a neutral and independent party. The money to pay for the claim comes from the federal government.

Redman spent 14 years at the Qu'Appelle Indian Residential School in Lebret and during that time he suffered physical abuse that resulted in lifelong injuries.

"There was one supervisor who would come up be-hind us and football kick us from behind," he recalled.

"He would laugh until he was red in the face while we would be doubled up in pain."

He said the abuse required surgery to repair the damage.

Redman waited years to have his day in court and was anxious to get everything resolved.

He had received his Common Experience Payment (CEP) that every residential school survivor received and then applied to settle the physical abuse claims through the IAP.

Redman was one of many former students, who were left without legal representation after the court banned David Blott from Blott and Company from representing anyone in residential school class action.

He was informed that Blott was under investigation in November 2011 and his hearing date was already set for November 2012.

Last June, the courts ruled that Blott and Company could not represent anyone in the Indian Residential class action suits.

The court appointed Ian Pitfield, a former judge of the Supreme Court of British Columbia, to co-ordinate the transfer of claims and representation from Blott and Co. to other lawyers.

"I had no lawyer for a long time," said Redman.

He was appointed a lawyer in August and met with his lawyer at the end of September - weeks before his hearing date.

He believes the delay in receiving representation negatively impacted the outcome of the hearing.

In the end, he received less than half of what he had received with the CEP.

At the conclusion of the hearing, Redman signed a waiver and accepted the payment.

In signing the waiver, he signed away his right to sue the federal government for any future damages, said Tony Stevenson, a residential school survivor who has been working independently to assist other survivors with their IAP claims.

He said Redman's case is not uncommon.

Stevenson's advice to survivors is to take their time and not rush into anything.

During his IAP experience he represented himself and said lawyers are not necessary.

Stevenson hopes to host a few events by the end of the month where survivors who have gone through the IAP and those waiting to go through the process can come together talk, share ideas and support one another.

The Indian Residential School Adjudication Secretariat website (http: //www. iap-pei.ca/information/ info-page/news-info-201207-10-eng. php) has listed Pitfield's procedure he was following for the claimants who needed to replace Blott and Company.

Contact: kbenjoe@leaderpost.com