Indian Residential Schools Settlement Agreement facts for kids

The Indian Residential Schools Settlement Agreement (often called IRSSA) was a big agreement in Canada. It was made between the government of Canada and about 86,000 Indigenous people who went to residential schools when they were children. These schools operated from 1879 to 1997.

The IRSSA recognized that the residential schools caused a lot of harm. It created a special payment plan called the Common Experience Payment (CEP) worth C$1.9 billion for all former students of these schools. This agreement, announced in 2006, was the largest of its kind in Canadian history. By March 2016, over C$1.6 billion had been paid to nearly 80,000 former students. Later, an additional C$3.18 billion was paid through another process called the Independent Assessment Process (IAP) for those who suffered more serious harm.

What Were Indian Residential Schools?

Indian residential schools were like boarding schools for Indigenous children in Canada. This included First Nations, Métis, and Inuit children. These schools were in almost all Canadian provinces and territories.

The first school opened in 1828, and the last one closed in 1997. The Canadian government's department called Indian Affairs and Northern Development funded these schools. They were run by Christian churches, mostly the Roman Catholic Church in Canada (60%), but also the Anglican Church of Canada (30%) and the United Church of Canada (10%).

The main goal of these schools was to take children away from their families and cultures. The idea was to make them more like the dominant Canadian culture. Over time, about 150,000 Indigenous children, which was about 30% of all Indigenous children, were sent to these schools.

How the IRSSA Agreement Came About

The idea for the IRSSA agreement grew over many years. People started to understand the serious problems caused by residential schools.

Early Steps Towards Reconciliation

In 1996, a group called the Royal Commission on Aboriginal Peoples (RCAP) released a big report. One part of this report talked about Indian residential schools. In 1998, the Canadian government responded with a plan called Gathering Strength: Canada's Aboriginal Action Plan. As part of this plan, the government made a "Statement of Reconciliation." In this statement, the government apologized to those who were harmed at residential schools. It also admitted its role in creating and running these schools.

Managing Claims and Seeking Solutions

In 2001, the government created the Office of Indian Residential Schools Resolution Canada. Its job was to handle and solve the many claims of harm made by former students against the government. In 2004, a report from the Assembly of First Nations led to talks. These discussions aimed to find a fair and lasting way to deal with the lasting effects of the residential schools.

Many former students hired lawyers to help them. Law firms like Merchant Law Group LLP and David Blott's firm represented thousands of survivors. They worked to get justice for the people who went to the schools.

Reaching a Landmark Agreement

On November 20, 2005, a major agreement was reached. Many groups were involved, including the Canadian government, representatives for the former students, the Assembly of First Nations, Inuit representatives, and several Christian churches. This agreement aimed to resolve the legacy of Indian Residential Schools.

On November 23, 2005, the Canadian government announced the IRSSA compensation package. It was the largest class-action lawsuit settlement in Canadian history. On June 11, 2008, Prime Minister Harper formally apologized on behalf of the Government of Canada. He apologized for the forced removal of Indigenous children from their homes to attend residential schools. He said that the attitudes that created the residential school system have no place in Canada.

Key Parts of the IRSSA Agreement

The IRSSA agreement was officially signed on May 8, 2006, and put into action on September 19, 2007. It had several important parts.

Government Contributions

The Canadian government made five main contributions through the IRSSA:

• The Common Experience Payment (CEP)
• The Independent Assessment Process (IAP)
• The Truth and Reconciliation Commission (TRC)
• Commemoration projects
• Health and Healing Services

Common Experience Payment (CEP)

The Common Experience Payment (CEP) was a way to give money to all former students of residential schools. It was a lump-sum payment, meaning a single payment. The average payment was C$28,000. This payment recognized the experience of living at a residential school and its effects. Everyone who lived at a recognized residential school and was alive on May 30, 2005, could apply. This included First Nations, Métis, and Inuit former students.

The initial payment was C$10,000 per person, plus C$3,000 for each year they attended. The deadline to apply for CEP was September 19, 2011. By the end of 2012, over C$1.62 billion had been paid to nearly 79,000 people.

Independent Assessment Process (IAP)

The Independent Assessment Process (IAP) was set up to provide money to those who experienced serious physical harm or other wrongful acts at a residential school. The IRSSA set aside C$960 million for this process. By the end of 2012, over C$1.7 billion had been paid through the IAP. More people applied than expected, showing the widespread impact of the schools.

The records from over 38,000 IAP claims were a sensitive topic. The Supreme Court of Canada decided that these records would be destroyed on September 19, 2027. However, a former student can ask for their own record to be saved. Family members cannot ask for records to be saved if the person has passed away.

Truth and Reconciliation Commission (TRC)

The IRSSA provided C$60 million for the Truth and Reconciliation Commission (TRC). The TRC's job was to gather and keep the stories and experiences of residential school survivors. The Commission officially started on June 2, 2008.

After some challenges, the TRC was relaunched on October 15, 2009, with Justice Murray Sinclair as its chair. The TRC played a very important role in helping Canadians understand the history and lasting effects of residential schools.

Health and Healing Services

The IRSSA also supported health and healing for survivors. In 1998, the government had already created the Aboriginal Healing Foundation (AHF) with a C$350 million grant. In 2007, under the IRSSA, the government gave another C$125 million to the AHF. This money was meant to help provide healing programs and support for survivors.

The IRSSA also supported the Resolution Health Support Worker (RHSW) Program. This program provided workers to help survivors and their families during the settlement process.

Commemoration Fund

A C$20 million Commemoration Fund was part of the IRSSA. This fund was for national and community projects to remember and honor the experiences of residential school survivors. The TRC and Aboriginal Affairs and Northern Development Canada managed this fund.

Church Contributions

The churches that ran the residential schools also agreed to contribute. They provided money and other support for healing and reconciliation programs. This was part of their commitment under the IRSSA. The table below shows how much each church group agreed to contribute.

		Denomination
		Presbyterian	Anglican	Catholic	United
IRSSA Schedule		O-1	O-2	O-3	O-4
Amounts paid out in compensation as of Nov. 20, 2005 and explicitly noted in respective Schedules		$227,412	$6,699,125	Not stated in Schedule O-3	$5,444,420
Cumulative amounts paid out in compensation prior to IRSSA implementation (Sep. 2007)		At least $366,894	At least $7,698,419	$8,344,575	⪆ $5,996,000
Total commitments under IRSSA	Maximum	$1,317,700	$15,687,188	$79,000,000	$6,891,170
	Minimum	$900,700	$12,922,800	$54,000,000	$6,455,020
Components of commitments	Credit for previous compensation payments	Used in computation of reduced settlement amount of $1,317,700 If amount paid between Nov. 20, 2005 and the IRSSA implementation date in excess of $489,540, Government to pay excess amount for use in settlement fund	$6,699,125 included in total above; further amounts paid between Nov. 20, 2005 and the IRSSA implementation date refunded by Government and used as P in formula below	Deducted from $29,000,000 cash commitment	$5,444,420 credited against the cash and in-kind services obligations; further amounts paid between Nov. 20, 2005 and the IRSSA implementation date refunded by Government; up to $1,010,600 of any refund to be used for healing and reconciliation grants in accordance with agreement
	Cash	Total amount above less any amount provided as in-kind services	, where P is the amount of compensation paid by Anglican Entities between Nov. 20, 2005 and the IRSSA implementation date, and F is the amount raised by the Catholic fundraising campaign. Maximum contribution: $4,964,300	$20,655,425 ($29,000,000, less $8,344,575 paid before IRSSA implementation)	$4,710,420 if Catholic fundraising campaign raised over $20 million; $4,274,270 otherwise
	In-kind services	Up to $417,000	$4,023,675 (cash may be substituted for services)	$25,000,000	$2,180,750
	Fundraising	—	—	7-year (2007-2014) "best efforts" campaign with target of $25,000,000	—

Legal Support for Survivors

Crawford Class Action was the company chosen to manage the agreement. The IRSSA set aside C$100 million to pay the legal fees for the former students who were part of the lawsuit.

See Also

• Cultural genocide
• First Nations
• Idle No More
• Racism in North America