Lessons Learned
Survivor Perspectives

Lessons Learned: Survivors Perspectives

Message from Eugene Arcand,
Residential School Survivor

Lessons Learned: Survivors Perspectives

was not enough time nor were we able

Finally, an assessment of whether

to examine documentation that would

Survivors were truly provided with theprovide further clarity on the full nature ofbenefit of the doubt throughout thecertain processes.

compensation processes is essential.

As such, I call upon the Auditor General of
Canada to conduct a comprehensive auditof the Independent Assessment Process

I survived the residential schools. I also

and former schoolmates. It was painful

survived the Indian Residential Schools

to watch many of the early concerns we

Settlement Agreement. I emerged fromshared materialize over the course of its

neither unscathed.

implementation.

The creation of this report asked us

We must truly and fully adopt Survivor-

Survivors to share our experiences. Just as

centered approaches in any and all forms

we turned to Survivors to seek directionof redress aimed at correcting past wrongs.

on what not to do as a nation during theThis approach applies equally to all

Truth and Reconciliation processes, in thisforms of abuse or historical wrongdoing

process, we turned to Survivors once again

be it related to Residential Schools, Day

to seek their guidance on what not to do in

Schools, Missing and Murdered Indigenous

future settlements and efforts at collective

Women and Girls or any other form ofhealing.

personal or collective abuse.

Survivors spoke frankly and honestly about

The pattern of continuing harm due totheir experiences inside the Settlementcolonial processes has to stop.

Agreement – both the positive and thenegative they encountered. The frustration
often focused on the harms created by theagreement rather than the healing thatwas supposed to occur.
As a member of the Survivor community,
I am acutely aware of everything thatwent wrong with the agreement because
it has happened to my friends, familywith a particular focus on reviewing theconsistency of decision-making acrossadjudicators, average amounts for eachdecision by adjudicator and the number ofrejections by each adjudicator.
I also call for there to be a comprehensive
examination of the law firms and otherentities that represented or engaged
Survivors with a specific assessment
conducted on the fees charged by thelawyers for their services to Survivors. For

For me, the invasiveness, persistence
and depth of the questioning we were
subjected to inside of our compensation
hearings was obscene and did not need tooccur to verify whether sexual or physicalabuse had occurred. That day of myhearing, and the days that followed, weresome of the worst days in my life second
only to when my abuse actually occurred.
For certain, I will be the first to admit thatI never believed a Settlement was evenpossible. The level of engagement with
Truth and Reconciliation processes acrossthe country continues to amaze me.

all the money dispersed in the Settlement

But this does not discount the experiences

Agreement, there is not a single Survivorof many Survivors inside the Settlementthat became rich yet there are multiple

Agreement– and it is the experiences

lawyers who did.

of Survivors throughout the process

I call for there to be a specific focus onthat must take center stage in assessing
whether this agreement was a success.

It is my hope that these reports are

all Survivors whose claims for abuse or

respected, reflected on and, importantly,

school attendance were denied. FromIn reading this report, I will ask that you

acted on. For them to collect dust on

what I have seen and experienced withinremember all Survivors out there whoa shelf would be to repeat yet anotherthe Survivor community, these rejected

did not and still do not have a voice.

pattern so often seen in the past.

claims – either early in the process by the

Their silence does not mean acceptanceI also feel strongly that these reports will

law firms representing Survivors or by theor acquiescence. Too often, silence

not go far enough into examining the fulladjudicators themselves – did some ofresults from that terrible pattern of harm

extent of the lessons learned. There simply

the most harm to individuals and created

repeating itself over and over again. This issignificant pain for many.

the pattern that needs to be broken.

Lessons Learned: Survivors Perspectives

Message from Ry Moran,
Director, National Centre for
Truth and Reconciliation

Lessons Learned: Survivors Perspectives

c. If ALL staff, lawyers, adjudicators

We cannot underscore enough the urgency

and service providers had takenof making these fundamental changes torobust intercultural competency,

the way we make amends in this country.

conflict resolution, human rights
and anti-racism training called forin TRC Call to Action 57?
We know now, and should have known at
the outset of the Settlement Agreement
process, that not including affected people

On behalf of the National Centre for Truth

There are solutions to this however.

in decision-making process at every level

and Reconciliation, we submit this report

Both the UN Declaration on the Rights

all too frequently leads to discrimination,

detailing Survivor perspectives on theof Indigenous Peoples and the TRC Calls

inflicts further harm and prevents healing.

Indian Residential Schools Settlement

to Action outline paths to ensuring

Agreement.

Indigenous peoples can participate

Contained within the pages of thisin processes without further harm to

document are many important lessons

themselves, their families, communities

learned. It is imperative that these lessons

and nations.

be heeded. The same mistakes must not be

In examining a new path forward that

repeated in the future if we are to take theavoids the harms created through thehealing work facing this nation seriously.

implementation of the Settlement

Therein lays one of the most significant

Agreement, we can ask ourselves a number

challenges presented in these lessonsof relatively simple questions:learned. Of the harm that was created,

What would the implementation of thethe source of much of this was doing

Settlement Agreement have looked like if:

things the “same old way” rather thanadopting and implementing fully informed
Indigenous practices and approaches.
This “same old way of doing things” isthe insidious pattern of behaviour thatprevents this country from reaching its
full potential and achieving the healing
intended.

a. It was built upon cornerstone
principles of relationship andIndigenous law and ceremony?
b. Survivors were full participants inevery decision made about their
human rights?

We also know that ignorance of Indigenous
approaches proved deeply harmful formany within the agreement.
The failure to consider the diverse
perspectives, needs and realities of all
Survivors impairs and limits the intended
benefit of redress, compounding the harmalready suffered.
It is for these reasons that the lessons
learned in this report – as with every
other report issued by Indigenous peoples
providing advice on challenges, problems
and issues that require address – must be
taken seriously.
The scale of the harms inflicted throughthe course of Canadian history isenormous.
People have lost their lives in both thepast and present as a result of theseharms.

a) Levels........................................................................................................................................................................... 37b) Methods.................................................................................................................................................................... 38c) Management ....................................................................................................................................................... 38
5. Professional and Cultural Competency ..................................................................................................... 39a) Lack of Adequate Legal Representation....................................................................................... 39b) Lack of Adequate Training and Experience of the Adjudicating Officials,
Lawyers, Therapists and Support Workers........................................................................................ 40
6. Commemoration.........................................................................................................................................................42

Contents
Introduction........................................................................................................ 2
Positive Outcomes............................................................................................ 6
1. Public Recognition of the Residential School System and its Legacy (Truth) ................6
2. Healing and Reconciliation..................................................................................................................................... 7
3. Commemoration ...........................................................................................................................................................9
4. Compensation.................................................................................................................................................................10

Successful Methods and Elements of the Process..................................... 14
1. Truth-Telling and Forgiveness..............................................................................................................................14
2. Cultural Elements.........................................................................................................................................................14
3. Supports............................................................................................................................................................................... 16
4. Apology................................................................................................................................................................................. 16
5. Research .............................................................................................................................................................................. 17

Continued Gaps in Meeting the Needs of Survivors..................................20
1. Exclusion of Survivors ................................................................................................................................................20
2. Healing and Intergenerational Supports.................................................................................................. 22
3. Language Revitalization......................................................................................................................................... 24
4. Economic Security ..................................................................................................................................................... 25

Challenges in the Process.............................................................................. 28
1. Re-traumatization and Re-victimization.................................................................................................... 28
2. Structural Discrimination and Inequalities ............................................................................................. 31a) Western Legal System and Power Dynamics........................................................................... 31b) Complexity of the Process ......................................................................................................................... 32c) Impartiality of the Process.......................................................................................................................... 33d) Cultural Practices and Worldviews..................................................................................................... 33
3. Accessibility and Communication.................................................................................................................. 33
4. Compensation .............................................................................................................................................................. 36

Survivors’ Perspectives on Solutions............................................................ 44
1. Exclusion of Sectors of Students..................................................................................................................44
2. Intergenerational Healing Efforts................................................................................................................44
3. Residential School Records..............................................................................................................................45
4. Research Efforts.........................................................................................................................................................46
5. Independent Legal Review...............................................................................................................................46
6. Compensation............................................................................................................................................................ 47
7. Aboriginal Healing Foundation and Community Healing Efforts.....................................48
8. Apologies.........................................................................................................................................................................49
9. Calls to Action..............................................................................................................................................................49
10. Indigenous Languages and Cultural Revitalization......................................................................50
11. Commemoration......................................................................................................................................................50
12. Public Education....................................................................................................................................................... 52
13. Self-Sufficiency, a Healthy Environment and Responsible Resource Extraction`.53

Lessons Learned for Other, Similar Processes............................................ 56
1. Mandate and Commitments............................................................................................................................... 56a) Intergenerational Impacts........................................................................................................................ 56b) Expectation Setting ........................................................................................................................................ 56c) Honesty...................................................................................................................................................................... 57d) Records of the Process.................................................................................................................................. 57
2. Methodology for Statement-Gathering and Legal Proceedings........................................... 57a) Research................................................................................................................................................................... 57b) Culturally Relevant Models, including in relation to Conflict Resolution............. 58c) Progressive Community Disclosure..................................................................................................... 59d) Addressing Vicarious Trauma................................................................................................................. 59e) Non-Harmful Redress Mechanisms................................................................................................... 59e) Aftercare....................................................................................................................................................................60
3. Communications Strategies and Accessibility ..................................................................................... 61
4. Ongoing Monitoring, Evaluation and Accountability..................................................................... 63

Conclusion......................................................................................................... 66

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

I
Introduction
In 2018, the National Centre for Truth

This report draws on the experiences andand Reconciliation (the NCTR) initiatedperspectives shared by Residential Schoola project to hear from Survivors about

Survivors, including Inter-generational

their experiences related to the Indian

Survivors. Every effort was made to ensure

Residential Schools Settlement Agreementthat the process used for preparing this

(IRSSA) and to identify important lessons

report was as inclusive as possible, andthat should inform future work on

was informed by and applied Indigenous

settlements, truth-telling, reconciliation

methodologies, particularly in terms ofand healing. This lessons learned project

taking a holistic approach to honouring

specifically considered experiences related

the testimonies of Survivors.

to the following elements of the IRSSA:
1. The Common Experience Payment(CEP);
2. The Independent Assessment
Process (IAP);
3. Funding for health initiatives
such as the Aboriginal Healing
Foundation (AHF);
4. Funding for commemoration
initiatives; and5. The Truth and Reconciliation
Commission (TRC).

Specific engagement activities on thisreport undertaken by the NCTR included
eight engagement sessions held between
October 31 to December 6, 2018 in thefollowing locations: Edmonton, Eskasoni,Montreal, Prince Albert, Prince George,Sioux Lookout, Sault Ste. Marie andYellowknife.
It also considers seven individualinterviews with Survivors and a twoday national focus group session held in
Winnipeg from February 20 to 21, 2019.
In addition, Commissioners Wilton

12Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Littlechild and Marie Wilson wereare many perspectives and importanta clear and direct link can be drawn

redress processes and instead shifting

interviewed on May 17, 2019. Over 300

experiences that go beyond the scope

between successful outcomes andinto modalities where the traditions andpeople participated in these conversations.

of this project. This underlines theeffective methodologies. In particular, theprotocols of Indigenous peoples shape

In addition, this report also includes

importance of continued respectful andcultural fluency that surrounded the TRC

and inform any given process, thereby

culturally appropriate engagement withprocess was seen to be key to its successadequately responding to the needs

Survivors, including their descendants inin creating an environment in whichof Survivors. Cultural safety is not an

ongoing truth-telling, reconciliation andSurvivors could trust to share their stories

option, but rather a requirement. When

the Trainer sessions. One special session

healing endeavours.

and have these experiences understoodabsent, the result is to reinforce rather

was held with Health Support workers

Survivors clearly identified many benefits

and acted on. Conversely, many of thethan ameliorate the harm that thosein Winnipeg specific to this report. Theseof the settlement process, including

obstacles and frustrations related tomechanisms are meant to redress.

sessions all took place between September

the fundamental importance of finallyother aspects of the settlement processes,

This report provides a summary of thehaving the opportunity to have their

particularly the IAP and CEP process,stories heard and the truth of theircan be traced to the complexity andexperience vindicated through public

inaccessibility of the processes and gaps indebate, the Calls to Action, and concrete

cultural competency. Too often, the IRSSA

comments made during seven National
Student Memorial Register Engagement
Sessions and eight Health Support Train

2018 and March 2019 at locations acrossthe country.
The report also includes commentary froma facilitated discussion with Parties to theSettlement Agreement that took place on
February 27 and 28, 2019 in Ottawa.

reconciliation measures that were taken.

process was not trauma-informed andHowever, Survivors were also clear

as a consequence, Survivors experienced2

about the shortcomings of the process,needless re-traumatization, rather thanincluding the people who were left out

a supportive and caring environment forof the process, the unresolved needs

healing.

3

Finally, the Survivors Circle of the NCTR
was engaged throughout the process andprovided important information along theway.

for inter-generational healing,4 the retraumatization that many experienced,

Integration of information gained fromand the devastating experience of dealing

perspectives on solutions, and lessons
learned that can be applied to other,similar processes in the future.

of all Survivors and their descendants are

to stay true to the message from Survivors

be indifferent or even hostile to Survivors.

be advanced. The successes, gaps, effectivethat their stories should be honoured,

Too many times, unprofessional andprocesses and obstacles identified byregardless of the particular forum where

unethical conduct was reported.

Survivors provide important solutions

Throughout all the feedback Survivors

and lessons for how to move forward toshared in the process of this research,

address the needs they have identified

It is important to acknowledge that there

challenges with the process, Survivors’

work to be done to ensure that the needs
met so that the work of reconciliation canthey were shared.

elements of the process, continued gaps,

There remains important and necessary
5these events and documents was necessary with lawyers and officials who were felt to1positive outcomes, successful methods and6

as ongoing and urgent. The underlying
Approximately 250 Survivors and other involved in the process participated in the Engagement Sessions; 22Survivors and others participated in a two-day focus group; approximately 30 people attended a two-day All Parties
lessons learned meeting; approximately 7 Survivors were interviewed in person or by telephone individually; and 2
Commissioners were interviewed (together and separately).
2
Yellowknife Engagement Session.
3
Sault Ste. Marie Engagement Session.
4Sioux Lookout Engagement Session.
5
Yellowknife Engagement Session.
6
Yellowknife Engagement Session.
1

3

lesson of all the experiences shared isthe value and necessity of breaking awayfrom the model of adversarial, legalistic4

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

II
Positive Outcomes
In terms of positive outcomes arisingwere the first opportunity they had forfrom the IRSSA process, a few common

family members to witness one another’s

themes emerged. The main positive

truths.

outcomes identified by Survivors are
public recognition of the harm done by
the residential school system and its
legacy (truth); healing and reconciliation;commemoration and compensation.

to break the cycle of silence that has
surrounded their experience of abuse.
One survivor recounted her experience ofher parents not believing her experience

First and foremost, the Agreement andbe believed.

recognition in Canada of the profoundintergenerational harm caused by theresidential school system and its roleas part of a larger policy of cultural
genocide. The TRC provided an opportunity
for the truth to be told, both in termsof the big picture of Canadian history
and government policy and the lived
experiences of individual Survivors. Some
Survivors stated that the TRC hearings

7

as having an impact on their ability

1. Public Recognition of the
Residential School System and its
Legacy (Truth)
particularly, the TRC, led to much greater

5

Survivors talked about the IRSSA processes

Yellowknife Engagement Session.

of abuse and underscored that the TRC
allowed her to finally tell her story and to

Other Survivors talked about being
profoundly touched by other Survivors’
testimony and by the Calls to Action
themselves. The report of the TRC andcommentary on the TRC, in the media
and in academic articles, validated theirexperiences. This was seen as a beginningof a new chapter in the lives of theSurvivors and the relationship between
Canada and Indigenous peoples.7
The process of honourary witnesses, where6Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Commenting on the fact that this lessons learned project is not just in
relation to the legal process, but rather about continuing the journey ofright relations, one participant stated:...I talked with a friend who is active as a trustee of a school board. He
talked about how they have immersed the seven grandfather teachingsof Anishnaabe people into the school curriculum. In addition to theseven grandfather teachings of love, respect, wisdom, bravery, honesty,
humility and truth, they have also added forgiveness.

We can never return to pre-apology or pre-TRC Canada.
United Church

non-Indigenous leaders came forth frompublic attention to the issue. Education

all sectors of Canadian society to bearDays held in schools and universities

witness to the truths of Survivors andalso had a profound impact in reachingafterwards share what they learned withchildren and youth.8

their very diverse circles of influence,
was highlighted as a critical piece ofWe still have a lot of work to do in both healing and rebuilding ofrelations. But it is through gestures such as speaking of forgivenessthat reconciliation is possible, especially as we look into the eyes of ourchildren and grandchildren. Our children and grandchildren offer hope.
For where there is hope, there is healing. Through healing there
is restoration. Through restoration there is forgiveness. Throughforgiveness there is peace.
Sault Ste. Marie

2. Healing and Reconciliation

truth-telling. This process provided for

Another positive outcome of thea high level of public awareness about

IRSSA process was the healing andthe residential school history. Anotherreconciliation that occurred in the lives

example was the Royal Winnipeg Ballet’sof the Survivors, and for others involved

Reconciliation Ballet, initiated to garnerin the process, Indigenous and non-

We have learned that we need to build on the strengths of our people.
I’ve used a word along the journey as a commissioner of upintowin(meaning “to lift each other up in Cree). That’s important going into the
future.

Indigenous individuals alike. Survivors

or community events hosted by the TRC.

commented that the IAP and CEPFor example, one group of women who

processes brought their memories backattended the Muskowekwan Event held into the experiences they had in residential

November recounted that the process ofschools, which sometimes lead to healing

travelling together to TRC events benefitedand reconciliation for themselves asthem, as this provided an opportunity toindividuals as well as for their families asshare their stories and understand one

a whole.9 Others identified how discussing

another’s experiences as Survivors.12

the legacy of residential schools was aSurvivors underscored the positive

unifying force in their communities.

10

Further, I would really focus heavily on the importance of love – to loveeach other. We heard stories where people hated themselves, but thenat the national event in Halifax where the theme was love we turned acorner in this country where people were saying, “You know, I can get
up in the morning now for the first time and say to myself in the mirror,‘I love you, I love you.’ Now I can say it to my spouse or my partner, ‘I loveyou.’ I can say to my children or my grandchildren, ‘I love you.’ I couldn’t
do that before. Now that we know that it’s important to be open about
it, it moves us to express love from here on in. We need to love eachother.
Also, for those that have lost hope – it is important to seek that hope, tochoose life and to celebrate life. In a sense, that’s a reflection of directing
our attention to reconciliation, focusing on lifting each other up andloving each other and collectively developing a hopeful future for those
who are coming behind us.

relationships that were created between

An example of community engagement

otherwise disconnected or disparate

in the process of reconciliation was thegroups. For example, the planningestablishment of Orange Shirt Day wherecommittee struck for the Saskatchewan

communities come together, with everyone

National Event has transformed into an

invited to wear an orange shirt, thatongoing process of reconciliation advocacy

signifies a spirit of reconciliation and hope– including the annual Witchitowinbecause every child matters.11

conference. Ron Rice, Executive Director

Another example is the formation ofof the Victoria Native Friendship Centre

support groups by Survivors themselves
following participation in national events

Commissioner Wilton Littlechild
Yellowknife Engagement Session.
Yellowknife Engagement Session.
11
Edmonton Engagement Session.
12
Muskowekwan Engagement Session.

highlights the ongoing relationships
formed between survivors and religiousorganizations in the aftermath of the

9

10
8

7

Interview with Commissioner Marie Wilson.

8Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

When I went to the TRC in Montreal, I met a lot of friends. I said, ‘We
should do something and talk about it at home.’ The eighty-year-olds
didn’t want to, but I didn’t want to stay silent anymore. Two years later,
we formed a committee of former classmates and now we have annual
conferences. I was silent for 30 years. Now, I’m beginning to come out.
Montreal

the average amount per IAP compensationof residential schools had been erected

was $91,482.62.21 As noted below, there

in North Bay, Ontario.16 Others talked

were numerous barriers and obstacles toabout community events and traditional

Survivors receiving such compensation

activities, such as beading and making

as well as many outstanding concerns,

Victoria Regional Event. In both theseanger, sadness and trauma.15 For others,

ribbon skirts.17 Other participants noted

such as the adequacy of compensation

cases, groups continue to work together

this also included reuniting with oldthat there are increasing efforts withinreceived by individual Survivors, the large

years after the original events occurred.

friends, including an example of a group

communities to commemorate and topercentage of the compensation that went

Essential components of the success wereof elderly women reclaiming their voicespreserve residential schools.

to lawyers, and the numbers of Survivors

the sense of welcome that people felt andand forming a committee to organize an

who were deemed ineligible. Furthermore,

the focus on taking collective action.13

annual conference.

One common theme expressed was theSurvivors identified that the money

3. Commemoration

received from the IAP or the CEP process
was not what mattered to them; rather,what did matter was the healing andpersonal resolution that came with going
through the process.14 For some, healing
meant being able to let go of years ofconcern that Survivors are passing away
at an increasing rate, which makes theopportunity to pass along knowledge toSome participants noted that the IRSSA

future generations all that much more

processes, and the TRC in particular,
prompted their communities to hostcommemoration activities to honour
Survivors and to help in their healing.
One participant reported that a

I want non-Indigenous Canadians to know that this happened inour country and it happened in ways and in circumstances thatallowed most of us to have no idea it was happening. I want them tobe reminded of the importance of paying attention and holding ourelected leadership to account on fundamental human rights.
Commissioner Marie Wilson
Interview with Ry Moran, Director, National Centre for Truth and Reconciliation.
The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement Agreement’s
Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Page xv.
15
Prince Albert Engagement Session.
13

14

many Survivors clearly expressed thatmonetary compensation was never theirfirst priority. However, compensation
represented an acknowledgement ofpressing. Commemoration was seen as partthe harm and of federal governmentand grandchildren. Where commemorationin lives of many.

projects did take place, they were very

For example, a Survivor who was homelesspowerful in bringing communities together

used her payment not only to housetowards reconciliation and healing.18

herself but also to host community healingof this and played a particular role in inter- accountability for that harm. Furthermore,generational healing for Survivors’ children payments did make a significant difference

I want Indigenous children and grandchildren and great-grandchildren
to know how brave their ancestors were as little children – howmuch they lived through and their parents lived through by wayof measurable injuries but also by way of devastation of spirit. Yet,they came forward with courage and determination and created an
opportunity for their voices to be heard, to be forced on the rest of thecountry and the world. I want them to know that with deep pride andlasting inspiration.

9commemoration stone with the names

events. In particular, this Survivor held

4. Compensationa memorial for her son who died fromThrough the CEP and IAP more than $4.8

AIDS, which she attributed to the inter-billion in compensation was paid. For thegenerational effects of the residential

CEP applications, 75% of those submitted

school system. She organized workshops

were awarded and for the IAP applications,on HIV/AIDS, as well as drum groups,

84% were awarded. The average amounttalking circles and sweat lodges.22 Otherof CEP compensation was $19,41220 andsurvivors spoke of using the money to19Survivor Interview.
Eskasoni Engagement Session.
18
Commissioners Wilson and Littlechild Interview.
19
Indian Residential Schools Adjudicator Secretariat: http://iap-pei.ca/stats-eng.php.
20
Indigenous and Northern Affairs Canada. (2015). Lessons Learned Study of the Common Experience Payment
Process: https://www.aadnc-aandc.gc.ca/eng/1468333119050/1468333202767.
21
Indian Residential Schools Adjudication Secretariat. (September 19, 2007 – May 31, 2019). Independent Assessment
Process Statistics: http://iap-pei.ca/stats-eng.php.
22Sioux Lookout Engagement Session.
16
17

10

Lessons Learned: Survivors Perspectives

acquire tools to improve their quality oflife such as sled dogs, fishing vessels,
and vehicles.23

Total CEP Applications

Total IAP Applications

2%
16%

23%

75%

84%

IAP applications received by the IRSAS
Paid

Ineligible

Dismissed

Not admitted or withdrawn or dismissed

Source: Indigenous and Northern Affairs Canada and Indian Residential Schools Adjudication Secretariat.24

Survivor Interview.
Indigenous and Northern Affairs Canada. (2019). Statistics on the Implementation of the Indian Residential Schools
Settlement Agreement: https://www.aadnc-aandc.gc.ca/eng/1315320539682/1315320692192. See also:
Indian Residential Schools Adjudication Secretariat. (2019). Independent Assessment Process (IAP) Statistics: http://
iap-pei.ca/stats-eng.php.

23

24

11

12

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

III
Successful Methods andElements of the Process
Residential School Survivors identified

impacts in their own lives, including ina number of key aspects of the IRSSA

their relations with their families andprocesses that contributed to positive

communities.25 The fact that the TRC

outcomes. These included the process of

was independent of government wastruth-telling and forgiveness, the cultural

extremely important to the willingness

elements, supports, the apology issued byof Survivors to engage in truth-telling. It

the leaders of the Government of Canada

was also critical to the impact of the 94

and research.

Calls to Action and 20 recommendations.26

1. Truth-Telling and Forgiveness

These represented the Commissioner’sown, unfettered opinions about what wasFirst and foremost, the process of truth-

necessary to address the legacy of thetelling and forgiveness that was central toresidential school system.

the Truth and Reconciliation Commission
was seen as critical. As noted above, many

2. Cultural Elements

Survivors described the opportunity to

Cultural elements and protocols were welltell their own truth, and to have that truth

integrated into the TRC, contributing to its

heard and validated, as having positive

success. The Commissioners represented

With the healing component, I wanted to stand in front of mycommunity and call them together and feast with them and tohave them know what happened to me, because not everyone went
to Residential School. We did 2 full days of healing for the wholecommunity.
Memorial Register Focus Group
25
26

13

Prince Albert Engagement Session.
Yellowknife Engagement Session.

14

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

We were blessed to be advised by the Survivors Committee, which wascomposed of former residential school survivors from across the country.
One of the cautions given to us by the Survivors Committee was to makesure we had a safe setting – to make sure the environment was safefor the individual because you’re asking them to relive their story, relive
their life in front of you and sometimes it was a very traumatic life. We
were cautioned that we might cause more harm if we were not careful.
So, based on their advice, we had medical support, mental healthsupport, cultural support and spiritual support – a blanket of support
around the individual before we began to listen to their stories.

as Commissioners, a necessary support

during the activities of the IRSSA. Thosefor the important work of truth-telling,

health support workers – often Survivors

reconciliation and healing.

themselves – were and remain essential

In the course of the research for thisreport, we heard differing accounts ofthe significance or ultimate degree ofCommissioner Wilton Littlechildinfluence of these various cultural advisors
and Committees on the work of the TRC.
The Commissioners themselves strongly

IRSSA processes. Their work deserves
recognition. Brenda Reynolds, a Health
Canada contractor responsible for theAlberta region, recounts attending andhosting many community training andthree distinct perspectives: Commissioner

The Cultural Advisory Committees

Wilton Littlechild is a Survivor himself,

ensured respect for the protocols andChief Commissioner Murray Sinclair

cultural practices of each homeland of

3. Supports

noted that the opportunity for Survivors

is an inter-generational Survivor andthe Commissioners visited, including

to discuss their experiences with healthCommissioner Marie Wilson is a spousevaluable spiritual practices and language

Dedicated, well-trained and well-

support workers made it easier for many toof a Survivor. Furthermore, each of theneeds. While the TRC employed aequipped health supports were available

then share their story.

Commissioners demonstrated a highcommon approach to the organization of

to participants before, throughout anddegree of personal cultural awareness andevents, local peoples and Elders dictatedcompetency.

the protocol and ceremony that occurred.

concerns raised in Section V below about

Central in this was the participation of

the inherent risk of re-traumatization.

senior officials (including Commissioners)

Thus, it was vital that these approaches beof the TRC in ceremony. This ensured nottrauma-informed. One piece of this was the

only that those ceremonies occurred but

provision and accessibility of culturally-that the Commissioners modelled thebased supports.

Commissioners Littlechild and Wilson
identified the significance of the Survivors’
Advisory Committee, which was at theheart of their work. The Commissioners
appointed one of the Committee members
to be the Elder to provide guidance tothem on an ongoing basis.
Commissioner Wilson also recounted theimportance of respecting the Indigenous
homeland of each place they went to,and the TRC being guided by specific
Cultural Advisory Committees and Cultural
Advisors (in addition to the Survivors’
Advisory Committee) across the country.

emphasized their importance.

27

after the IAP and TRC hearings.28 These
supports are particularly important given

importance of ceremony on a “lead by

After it was recognized that completing

example” basis.

the forms without assistance was too

The fact that the Survivors were involved

difficult, Health Canada assisted somefrom the negotiation of the Settlement

communities by having workers provide

Agreement through to the end of the TRC

in-person guidance with completing thewas identified as critical to the cultural

IAP forms, which somewhat increased

approaches taken in completing the work.

accessibility to Survivors.29

In fact, each Commissioner had a spiritual

Yellowknife Engagement Session.

engagement sessions early in the IRSSA
processes, particularly the TRC. The TRC

4. Apology
Another positive element in the process
was the fact that it was supported by
an official apology made by the Prime
Minister of Canada on behalf of theGovernment of Canada and the leaders of
all political parties. This had a profoundeffect on the Survivors in terms of feeling
believed and having their personal
experiences validated. It was noted that
this resulted in a monumental shift in
the Canadian public consciousness from
Survivors’ experiences being discounted
to being widely understood as part of
Canada’s history.

Supports were essential in both theadvisor to assist them with their roles

outreach phases (information sharing) and
28

27

15

persons for communities involved the29

Yellowknife Engagement Session.
Yellowknife Engagement Session.

16

Lessons Learned: Survivors Perspectives

5. Research
A significant contribution to the quest
for truth and reconciliation was the large
amount of research completed by the Truth
and Reconciliation through its mandate.
This immense body of knowledge formed
the foundation for its comprehensive
final report including its Calls to Action.
This research also informs all continuingmeasures meant to address the legacy of
the residential school system, including
the work of the NCTR, of Survivors
themselves, and of broader educational
efforts.

17

18

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

IV
Continued Gaps in Meeting
the Needs of Survivors
Despite the successes identified above,to the schools in Labrador that will serve

Survivors noted significant ongoingas a lasting record of these claims ofgaps that have not yet been adequately

Newfoundland and Labrador Survivors.

addressed. These include concerns related
to exclusion of Survivors; healing andinter-generational supports; language
revitalization; and economic security.

19

In other cases, however, we were informedby the Government of Canada that it
took a proactive approach to reducing
the administrative burden on Survivors

1. Exclusion of Survivors

or claimants by reducing the need or

From its inception, the IRSSA was set

requirement to produce historical records

up to address the needs of a specificto prove attendance or other matters. Ingroup of survivors. In essence, there

the context of the current day schools

were hard limits established around thesettlement, the NCTR is informed that the“borders” of the agreement rendering

requirement for original documentation

the IRSSA inherently exclusionary.

is significantly lessened with the goal of

Subsequent settlement agreements

making the process easier for Survivors tohave adopted a mixed approach to thenavigate and access.

collection and preservation of historicalThat said, recent Settlements have notrecords associated with the claim. The

featured statement gathering or document

Newfoundland and Labrador Residential

collection activities approaching the scope

Schools Class Action Settlement, foror extent of the Truth and Reconciliation

example, there was a different approach

Commission’s efforts. This suggests thattaken. It provides for a travelling

more weight has been given to the process

exhibition, an historical account and aof settlement rather than to creation of

permanent document collection relateda record of the collective truth telling20

Lessons Learned: Survivors Perspectives

process. Attention needs to be paid to the

Furthermore, students who attendedrole that settlements can have in enabling

convent schools or religious institutions

the truth of survivors to be recorded andwhere education was provided on-site or

I call it the hidden truth. I never talked to my children, and there areother Survivors that tell me the same. My sisters, they never told theirchildren...I don’t know if I can ever forgive what…was done to thechildren. As for me, I’ll probably die never forgiving them. I have a happylife now, beautiful children…(but) the nightmares never stop.

made known to future generations, which

through home placements also identified

Prince Albert

is linked to ensuring the overall guarantee

being excluded from the IRSSA processes.

was supplanted with Adjudicator decisions

them to be prohibited from applying for

It was originally understood that theGiven the central importance of the truth

based on highly legalistic reasoning – acompensation.32

mandate of the IRRSA processes werein the IRSSA – and the corresponding

to be flexible and that, as the body ofawakening within the Canadian public

evidence was developed, the settlement

process one court found to be arbitrary and Even where Survivors filed IAP claims,
inconsistent with reconciliation principles
some of these claims were denied due toregarding the treatment of Indigenous

would be expanded to include many

peoples – it is worth highlighting the

if not all those groups excluded in theimbalance of truth created by exclusions.

original mandate. This did not happen. The

Many students from Boarding schools, Day

continued exclusion of certain groups ofschools, Métis schools, Residential schools

Survivors, and the confusion and further

in the far North and Labrador Schools

harm that resulted for those Survivors, haswere excluded. In addition, many Survivors

been described as a shadow that hung

who were intended to be included wereover the process:of non-recurrence.

ultimately excluded by gaps and otherinadequacies in residential school records
and by the standard of proof required foraccess to compensation.
The Métis Nation has highlighted thefailure of the Indian Residential School
Settlement Agreement to address theimpacts of the residential school system
on Métis Survivors and their descendants.30
The Métis Nation has called on Canada
to accept its jurisdictional responsibility
to the Métis, ideally through a negotiatedsettlement that will lead to faircompensation for Métis Survivors and theirdescendants.

“One shadow that hung over theprocess was the promise that wasmade early on that schools thatsomehow were disqualified fromenrolment in the IAP process would
be dealt with at some point, once
Canada had been able to research thehistory of the institutions and makean informed decision that would
expand the settlement.”

but legally permissible.31

the arbitrator’s analysis that the Survivor’s

There are also unmet Survivor needs

witnesses did not provide credible andarising from those cases where there arereliable evidence to meet the evidentiary

no available residential school records,

standard of proof that on a balance of

which led to some Survivors being unjustly

probabilities, the alleged event had

left out of the settlement. Inaccurate

occurred. In applying this standard,

records exist, due to either purposefularbitrators considered the consistency withor accidental actions by administrators,

which Survivors told their stories overschools, churches that burnt down, andtime as well as discrepancies between ainconsistent record keeping methods

Survivor’s application and testimony. Evenleaving out some students. In otherwithin families where all siblings attended

cases, students’ names were inaccurately

residential school, it was a frequent

recorded in government and church

experience for some siblings to receive

records, and these inaccuracies led tocompensation while other siblings fromexclusion from claiming settlement.

the same families did not, causing division

It was conveyed that incarcerated

and standing in the way of healing.

Survivors received notification of the IAP

Accordingly, many students from Boarding

and CEP process, but this notification

schools, Day schools, Metis schools,

was not given to them until their

Residential schools in the far North orrelease. When they sought the right toLabrador Schools… ended up applying

apply, it was deemed by the authorities

and being rejected, often without muchin charge that this did not constituteof a reason being given. The promised“extenuating circumstances” leading

Many Survivors felt that inadequate
understanding or training about therealities of residential schools influenced
these findings.

status review never happened. Rather, it

The Métis National Council, “The Métis National Council: Response to Canada’s 19th and 20th Periodic Reports(Covering the Period of June 2005 to May 2009) to the Committee on the Elimination of Racial Discrimination), 2012.
30

21

Lessons Learned: Survivors Perspectives

31
Paterson, D. & Blakeney, W.. (2019). IRSSA Lesson Learned: Two Perspectives on the Experience of Legal Counsel.
Page 5. throughout multiple generations. While these authors are not Survivors themselves, we felt it important toinclude their comments. In the case of Mr. Patterson, he was a representative for Survivors. Mr. Blakney represented
the Jesuit entities but was directly involved in the processes. Both, as such, have first-hand experience observing andwitnessing the process as it affected Survivors.
32
Winnipeg Focus Group Session.

22

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

One Survivor underscored the critical importance of addressing ongoinghealing needs, including for intergenerational Survivors:

The fact that the IRSSA did not address Family Law andintergenerational abuse and neglect meant that an entire generation
would feel disenfranchised by the settlement.

We can acknowledge certain turning points in redressing the wrongs ofCanada’s…Residential Schools system, but there remains a lot of work
to do. With the Truth and Reconciliation Commission and the 94 Calls
to Action, significant dialogue on reconciliation is happening at various
levels across the country.

D. Paterson and W. Blakeney

But efforts on reconciliation cannot overshadow the ongoing need toheal. The dialogue on reconciliation cannot leave behind the healingneeds of Survivors including those affected by intergenerational trauma.
The healing from historic trauma is far from over.
We need not look too far in this country to witness that there remains
unresolved grief within the Indigenous community to mention a few
examples: the disproportionately high number of missing and murdered
Indigenous women and girls; the disproportionately high number ofIndigenous men and women in Canada’s prisons; the 60s Scoop; racism
and poverty.

this program does not serve Métis

to overcome intergenerational impacts ofSurvivors.

residential schools, such as addictions andSurvivors stated that web-based, orlack of parenting skills, violence, bullying,gang involvement and family breakdown.

34

telephone services were ineffective
in meeting healing needs of Intergenerational Survivors. Other Survivors

ineffective in addressing these needs,

actual availability of services andas contrasted with culturally-based,

These exclusions and unfair results remainawareness of services that do exist iscommunity-based healing services.35

in need of redress.

low and compounds the unmet needs of

It was identified that the Aboriginal

Survivors and their descendants. An Indian

2. Healing and Intergenerational
Supports
In terms of ongoing healing, many

to have informed all aspects of the IRSSA.

Survivors identified the need for culturally

Further, it underscores the inadequacies

competent, community-based, in-personof the Western legal system in achieving

supports, for not only themselves, but also

these important goals.

their children and grandchildren in order

gap of compensation provided tonecessary for Survivors and their families

health and healing services. Unfortunately,

telling, reconciliation and healing meant

Survivors also highlighted the

known. Furthermore, by its very mandate,education or social work systems were

their exclusion from the IRSSA process.

contrast with the principles of truth-

identities. Healing supports were seen as

was an increased need expressed forunderstandably left Survivors feelingdetermining compensation stands in sharp

availability of these services is not wellstated that services within the Western

before this deadline was exacerbated byof the evidentiary standards applied inand practice of Indigenous cultures andAs the IRSSA process wound down, there
Findings of zero compensation

exclusion of certain Survivors because

health and healing supports. However, theother mental health and emotional issues,

Sault Ste. Marie

re-victimized and re-traumatized. The

as well as enabling the revitalization

Residential Schools Resolution HealthSupport Program of the First Nations andInuit Health Branch of Indigenous Services
Canada does continue to provide someof the residential school system.33
Many participants defined healing in athose where the Survivor had passed away

collective and intergenerational sense, asprior to the 2015 deadline. The suffering

keeping children safe from harm, includingof families whose loved ones had passed

physical, emotional and sexual abuse,

independent, well-run and effective
resource for Survivors.36 Positive aspectsof AHF-funded projects identified by

I’d like to see language be mandatory in cities where there is more than
10% Indigenous population. People in jails should have free identity
classes. People need to have free places to see who they are, theirculture. It should be ongoing. I feel that is something that is not being
done right now. Residential school tried to brainwash us and we needto re-discover. I don’t think Canada is helping us re-discover. This area
needs to be better focused on.

to overcome the inter-generational effects

intergenerational Survivors, including

Healing Foundation served as an

Survivor Interview, January 29, 2019
Sioux Lookout Engagement Session..
Edmonton, Prince Albert and Yellowknife Engagement Sessions.
36
Yellowknife Engagement Session.
34
35

33

23

Yellowknife Engagement Session.

24Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Survivors in a recent report are: theirfocus on residential school trauma, that
staff were Indigenous and/or Survivors

an unresolved barrier to reconciliation.
Some survivors said that the settlement

3. Language Revitalization

themselves and that traditional Indigenous

Language revitalization is a critical area

activities and wellness practices were

where greater support is needed toviewed as important to the healing

address the impacts of the residential

process.37

school system. Residential schools caused

The fact that the AHF is no longer inexistence creates a significant gap. The
extent of the need only came to beunderstood as the TRC process unfolded,
which led to a recognition that the extent
of the devastation and the extend of thetragedy was so great, and that it spanned
not only over the lifetimes of Survivors,
but also of their descendants throughout
multiple generations.

processes did little to change theiroverall lives – after decades and decadesof colonization, oppression and cultural
genocide, a couple of payments could
not reverse all the damage done.40 In

a profound loss in language fluency asparticular, participants highlighted

students were punished for speaking

that health conditions in Indigenous

their languages, and denied access tocommunities remain poor, requiring urgent

their parents and grandparents who wereattention to ensure the gap between

Indigenous language speakers. Survivors

Indigenous people and non-Indigenous

said that currently available supports forpeople is lessened so that true equality

language revitalization were insufficient

can be experienced by the Survivors andto reverse the tide of language loss andtheir families.41 In general, many expressed

therefore failed to remedy the harm

challenges attending events and covering

caused by residential schools.

39

the cost of their participation. For some,attending a national gathering was simply

Many Survivors saw the shutting down

4. Economic Securityof the AHF as a betrayal during a critical

If true healing is to occur, the economic

time in the healing. There were express

status of a large percentage of Indigenous

calls made by Survivors throughout

persons in Canada must be improved.

the engagement sessions for the re-Low socio-economic status and economic

instatement of the AHF, which supported

marginalization impacted Survivors’ ability

many grassroots organizations that wereto participate in the IRSSA processes,

viewed by Survivors as essential to theircontributed to unhealthy power dynamics

healing needs.38

in the IAP and CEP processes, and remains

prohibitive despite ad-hoc efforts of the
TRC and of the parties to the settlementagreement to assist with travel where
possible.

People weren’t able to heal unless their basic human needs were met.
How can I feed my children or focus on healing when my roof is leaking
and it’s not safe? Every community needs more funds for economic
development, for their own communities, for their Survivors.
Eskasoni

25

37
The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement Agreement’s
Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Page xv.
38
Train the Trainer Sessions.
39
Sioux Lookout Engagement Session.

40
41

Eskasoni Engagement Session.
Edmonton and Prince Albert Engagement Sessions.

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

V
Challenges in the Process
The participants identified numerous

approaches to its work. Ceremony andchallenges related to the IRSSA. This

traditional protocol were central in the

included the re-victimization or re-process. For example, trained, culturally

traumatization caused by participating incompetent supports for Survivors giving

the processes; structural discrimination

testimony were provided. The TRC

and inequalities; accessibility andplaced heavy emphasis on ensuringcommunication; compensationa high percentage of Indigenous

shortcoming; limitations associated withstaff. This included a specific effort toprofessional and cultural competency; andensure all senior leaders within thethe need for continued commemoration

organization were either Indigenous orefforts.

well-grounded culturally. In contrast,

1. Re-traumatization and Revictimization
The most commonly identified challenge
relates to the experiences of re-Survivors commented supports provided
in the IAP and CEP processes were often
not culturally appropriate, or were notavailable when needed.42

victimization or re-traumatization. The

Going through the IAP or CEP processes

IRSSA process should have been designed

often brought the Survivors’ memories

from the outset to be trauma-informed,

back to the experiences they had in

but was not. These concerns were raised

residential school.43 Some Survivors

principally in respect to the CEP, and IAP,

reported long waiting periods between

but in certain cases with the TRC as well.

when they initiated a claim and when they

As noted above, the TRC provided
culturally grounded Indigenous
Yellowknife Engagement Session.
Yellowknife Engagement Session.
44
Yellowknife Engagement Session.

were contacted, with no supports provided
in the interim.44 Others said that were

42
43

27

28

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Oh, a nun can’t rape you, they have no penis.

The compensation process and how they determined compensation
was deplorable and dragged on with a long, excruciating process. This
one avenue to determine their own personal outcome was very difficult
to go through.

Eskasoni

Yellowknife

never informed of the existing supports

Survivors been equipped with the supportsthat were available to them or learned ofnecessary to go through both processes, asupports after the time during which theygreater level of healing could have been

were most needed.

experienced. By its very essence, the IAP

Re-traumatization was often triggered byprocess required full disclosure - whether

having to repeatedly recount traumatic
experiences in order to complete the
CEP and IAP processes. One-third (1/3)

accounts of some Survivors being

shared. Greater attention needed to be

disbelieved by lawyers, judges orpaid to the connotation of the terms usedgovernment officials involved in the CEPand their potential to reinforce negativeand IAP process about the abuse they

power dynamics or be dehumanizing andsuffered at residential school. One Survivor

re-traumatizing for Survivors.

states that in the settlement agreements,

Furthermore, some Survivors recounted

they were only allowed to talk about
their sexual abuse experiences, and thatthe claimant was ready for that or not. The

most of these experiences were brushedcompensation was awarded only uponoff. Health support workers reported
50

sufficient “evidence,” which often required

witnessing unprofessional behaviour fromof Survivors surveyed in one study said

precise and in-depth disclosure.

that the CEP process “triggered negative

In some Survivors, re-traumatization

who made inappropriate comments at

emotions or traumatic flashbacks…that

triggered alcohol misuse after years ofhearings.

ranged from feelings of discomfort andsobriety. Other Survivors identified cases

loneliness to reactions of panic andof suicide.48

depression, sometimes leading to self-

For some Survivors, the triggering of theirdestructive behaviours.45 Some Survivors
also described that the questioning thatthey underwent as part of submittingthese claims was particularly intimidating
and re-traumatizing.46

lawyers, judges and other professionals

47

The very denial of compensation throughthe CEP and IAP processes led Survivors tofeeling re-victimized and de-valued.51

Post-Traumatic Stress Disorder (PTSD)
prevented them from giving statements.
This experience of Survivors not having
the opportunity to tell the full truth
through the IRSSA process was reported

The environment of the TRC was muchto have led to compounding the hurt

more culturally based than the Western,

experienced at residential schools.49

legalistic setting of the IAP. Had more

A particularly concerning aspect are

We suffered a lot and we still suffer.

would not be allowed to attend church
anymore.52 This is an example of thefear of ostracization experienced by
Survivors, based on misinformation spreadthroughout a community.53
Many Survivors said they did not havethe strength or psychological ability totell their stories to both the IAP hearing
and the TRC. This is reflected in the fact

Different IRSSA processes used starkly

that there were approximately 38,000

different terminology. For example,

successful IAP applications and 7,000 TRC

Survivors were sometimes instead referredstatements. This created a siloed approachto as “claimants.” Not only is this language

to truth-telling and compensation, that did

more legalistic, the inference is that they

not serve the Survivors well. It would have

have a claim that needs to be verified.

been beneficial for Survivors to have had

In contrast, the term “Survivor” implicitly

the option to tell their stories once andrecognizes that they have a truth to be

to have information shared and preserved

Memorial Register Focus Group45

29

if they applied for compensation, they

Always be mindful and don’t lose the human element with stats. Showdignity and respect; don’t turn them into a statistic or a number.

Montreal
The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement Agreement’s
Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Pages xiv.
46
Yellowknife Engagement Session.
47
Sault Ste. Marie Engagement Session.
48
Edmonton Engagement Session.
49
Yellowknife Engagement Session.

being told by local church officials thatEskasoni Engagement Session.
Prince Albert Engagement Session.
52
Yellowknife Engagement Session.
53
Edmonton Engagement Session.
50
51

30

Lessons Learned: Survivors Perspectives

for the purposes of both compensation

Indigenous legal traditions and methods

observed that the IAP hearings werein an easily understandable manner. The

and creation of the record of Survivors’

was a central challenge in reaching theoperated akin to residential schools

language was much too complicated.

experiences. The failure to provide, fromoverall goals of truth-telling, reconciliation

themselves, where Survivors were taken

Some said that the implications of signing

the outset, an option to preserve theirand healing. In particular, the imposition of

from their communities, brought towaivers needed to be better explained. It

testimony put all parties, particularly

the Western legal system, power dynamics,

buildings that were like compounds,

was perceived that the forms utilized were

Survivors and their families, in a less thanthe complexity of the process, thevictimized by re-telling their stories indesigned to collect the information needed

ideal situation.

perceived or actual lack of impartiality, anda culturally unsafe manner, and thenby Canada but they did not clearly convey

the lack of reflection of cultural practices

returned to their communities without

how it was determined who would be

and worldviews of Indigenous peoples

support, in a manner that was not trauma-considered critically ill and how eligibility

upheld structural discrimination andinformed. Once the processes were set up

overall was determined.

inequalities, rather than eradicating them.

this way, it was seen as being very difficult

In addition, both Indigenous and nonIndigenous participants experienced
vicarious trauma, the “emotional residueof exposure” to the trauma of others.
Vicarious trauma is a “a process of change
resulting from empathetic engagementa) Western Legal System andPower Dynamics

with trauma Survivors” and “anyone who

An important observation fromengages empathetically with Survivors ofparticipants who attended the All Parties

traumatic incidents, torture, and material

Lessons Learned meeting is that a Western,

relating to their trauma, is potentiallyadversarial process came to dominate

affected.” Insufficient attention wasmuch of the IRSSA process, often to thepaid to the issues of vicarious trauma

detriment of the overall goals of truth,

throughout the IRSSA.

reconciliation and healing. Once this54

2. Structural Discrimination andInequalities
The structural discrimination andinequalities reflected in the system led
to the establishment of biased processes,
particularly in the IAP and CEP process.

31

Lessons Learned: Survivors Perspectives

to shift direction in a way that would be
more respectful of Survivors and able toincorporate Indigenous methodologies.
The domination of Western legal processes
in the determination of IAP cases createdwidespread dissatisfaction that wasarguably harmful to all parties.
b) Complexity of the Process
Survivors reported having trouble

approach took over and the structures

understanding the complex nature of

were in place for the IAP and CEP process

the IAP and CEP process and that it wasin particular, the relationships, thedifficult to participate in these processes.

timelines and the determination of what

as cancelling the Aboriginal Healing

The adoption of highly formal, legalistic

Foundation altogether and the hiring

and adversarial processes, without proper

practices for health supports, lawyers,

use of Indigenous protocols and traditions

adjudicators and others. Ultimately, the use

as counterbalance, placed Survivors atof processes grounded in adversarial, non-a disadvantage in the process. It was

54
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 16.

inherent in the legal process, which often
entailed onerous legal requirements.55
Key concepts such as “loss of income,”“confinement,” “accumulated affects,”“serious physical abuse,” and “otherwrongful acts” were not explained well,and no examples were provided to assist
Survivors in the process. This required
resource people or lawyers to aid Survivors
in completing forms but too often, these
supports were not available.

information was not conveyed to Survivors

along this Western, non-Indigenous
framework.

understanding the evidentiary limitations

A frequently identified challenge was that

qualified as “evidence” were all structured

Bias affected policy decisions, such

Some also noted the challenge ofWhen CEP came out I wasn’t interested in the money; I’m educatedbut the whole application process from the start looked intimidating.
I didn’t bother with it but at the 11th hour...I put in my application andthere was a lot of intimating information in there. So many otherapplicants didn’t know who could help them…When all the money
started coming through there was no support.
Memorial Register Focus Group
55

Yellowknife Engagement Session.

32

Lessons Learned: Survivors Perspectives

Deadlines were viewed as being too shortThis same issue also plagued the TRC

and that not enough was done to makeand created multiple friction points

Survivors aware of the deadlines. In fact,

between the TRC and the Government

issues surrounding the arbitrariness ofof Canada in regards to getting the task

deadlines for the IAP and CEP processaccomplished. A poignant example of thiswere raised at every single engagement

is the TRC’s attempt to receive residential

session. Of important consequence, theseschool records under the control of thearbitrary deadlines too often meant

Government of Canada, which was denied

Survivors were unjustly excluded fromand resulted in the TRC being forced toreceiving compensation.

take legal action despite the stated goal ofc) Impartiality of the Process
A serious challenge with the process
related to the lack of impartiality. At theoutset, it was understood that Canada
would be the trustee and administrator of
the CEP Program. In contrast, the IAP wasto have been established as an entirely
independent entity, funded by Canada, but
implemented and administered by the
Indian Residential Schools Adjudication
Secretariat (IRSAS), an arms-length,
independent organization that would

communication fosters mis-information

Settlement Process. There is no centralized

and mis-understandings. If, as a result, theplace for Survivors and their families toSome Survivors said that the TRC hearings

Survivors perceived that certain IRSSA

seek out reliable, accessible information.58

should have integrated more traditional

processes were not available, accessible

In fact, still today, the NCTR receives calls

ceremonial practices, such as holding

or appropriate, this was harmful to thefrom Survivors seeking to apply for thecircles, smudging or utilizing an eagle

healing process, even if the perceptions

CEP and IAP, who are not aware that thefeather. Survivors stated that having time

were inaccurate at times.

deadlines have passed.

set aside during the reconciliation process

Many Survivors expressed concern that

Even where information was available,

the different elements of the IRSSA,

Survivors noted numerous barriers toincluding how Survivors could participate

accessing that information. These barriersin them, were not clearly explained.

included the language used, literacy levels,

Even though lawyers had an obligation

geographic reach and accessible for people

to inform Survivors of the availability ofwith disabilities. Survivors noted that

health supports for hearings, they often

greater attention needed to be paid to the

did not provide this information at all orchallenges faced in dealing with long andonly at the last minute, leading Survivors

complex documents produced in written

to go through the process alone, without

English and French. Some Survivors

supports, or to receive these supports in an

said that the IRSSA process should have

untimely, unhelpful manner.

adopted Indigenous methodologies

for storytelling could help with healing,
mentioning the ways that stories about theCreator have been useful for generating

Adjudicator. Instead, in practice, the IAP

3. Accessibility and Communication

where their procurement and security
resources were used, and it was reported
that interference took place in relation to
the processes of the Oversight Committee
tasked with, among other things, hiring
adjudicators.56

Winnipeg Lessons Learned Focus Groupd) Cultural Practices andWorldviews

be responsible for supporting the Chief

Indigenous and Northern Affairs Canada,

I’m a health support worker. I’ve worked with a lot of Survivors… andwhat really bothered me about going to the hearings was lack of healthsupports. Survivors were supposed to be told about health supports
but the lawyers never did. Survivors didn’t even know they existed. They
were going through it alone. If they were told, it was the day before thehearing. We would get a hearing notice the day before and have to visit
them that evening and work with them to prepare them for the nextday. If it would have been weeks’ notice it would have been ideal or
better. I didn’t get the hearing notice until the day before or I’d get a callsaying “we need a health support; can you make it?” that same day. At
that point I’m just a person that they don’t know on short notice.

“reconciliation.”resilience.57

Secretariat functioned as a sector within

Lessons Learned: Survivors Perspectives

There were numerous issues about theaccessibility of IRSSA processes andcommunication strategies employed,
related to unclear communication, barriers
to accessibility, promotion of the TRC,
the role of survivors and responding toSome Survivors identified that even now

online misinformation and hatred. Poor

Paterson, D. & Blakeney, W. (2019). IRSSA Lesson Learned: Two Perspectives on the Experience of Legal Counsel.
Pages 4-5.
57
Memorial Register Focus Group Meeting.

communication is not clear about thisfor disseminating information, such asbuilding networks of family contacts

56

33

58

Edmonton Engagement Session.

34

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

We did a survey of Survivors in Saskatchewan on their fears andconcerns with the process [pre-settlement]. We had this information,
we were not listened to and in the end, many of the things we raised asconcerns before the process ended up occurring during the process.
Winnipeg Lessons Learned Focus Group

when the topic concerns Indigenous

were determined and management ofpeoples. This is evidenced by the factcompensation once received.

that CBC and a number of other online

Under the IAP compensation model, threenews publications no longer allow online
and frontline workers who could sharemedia coverage of TRC events given theinformation orally and in the Indigenous

importance of the issue.

languages spoken in communities.
Accessibility was further challenged in
the North, where there was less access toadequate representation to go through the
IAP process.59 Information was frequently
difficult to access in the North, especiallyfor those whose first language was an
Indigenous one. It was noted that Survivors
with hearing loss (often caused by abuse
experienced at residential schools) did nothave access to information in alternate
formats.
In addition, many Survivors felt that the
TRC hearings and events were simply not
as high profile as they should have been.
Many Survivors said that they simply did
not know what communications strategies
were in place to reach wide audiencesor to have a positive impact on publicdebate. From their own experience, it did
not seem as though there was sufficient

Further, Survivors felt they should havethat took place online was a further

had a greater role in design and delivery

cause of re-traumatization during theof messages. A Study conducted by the

IRSSA process. Survivors emphasized that

National Indian Residential Schools

there was an obligation to counter such

Survivors Society Pre-IRSSA group of

messages.61 Instead, at times the public

Survivors provided comprehensive

discourse was so uninformed and trauma-

advice and flagged a number of concerns.

inducing that online platforms related toCentral in these was the need for aresidential school stories during the TRC

robust, Survivor-led, trauma-informed

had to be closed down.

communications strategy. As noted
elsewhere, these concerns materialized.60

35

In relation to the IAP process, it was notedthat where lawyers offered translation

Lastly, it is necessary to consider theservices, they often did not understand thecontext of the IRSSA, where concerns

need to be cognizant of different dialects

about the inaccurate, misinformed andof the same language, leaving even thosesometimes hateful commentary online

Survivors who were technically provided

and in the media needed to be addressedwith translation services to have unmet

through a robust communications

needs.

strategy. It is well recognized that any
online platform that provides a space forcommentary will attract racist commentary

Anglican60

Indigenous peoples. For Survivors, the kindof abusive and hate-filled commentary

Many good people did their best to make sure communication
happened, but it only happened in pockets. Some people still had no
clue.

59

public commentary on stories involving

Yellowknife Engagement Session.
Study conducted by the National Indian Residential Schools Survivors Society Pre-IRSSA (2006).

levels of compensation were available: for
specific physical and sexual abuse suffered
in residential school; for consequential
harms of post-traumatic stress disorder,
anxiety, depression or a physical disability
injury; and for consequential loss ofopportunity, meaning where a person had
fewer opportunities to become educatedor trained or fully employed because of theabuse experienced at residential school.62
Under the CEP model, a lump sum
payment was provided to recognize theexperiences of Survivors who attended
residential schools and the impacts ofthese experiences. These payments were
only available to Survivors alive on May 30,
2005.63
No proof of specific abuse was necessary
for CEP payments, although a record of
attendance at the schools was required.
It was reported by a Survivor that an

4. Compensationaffidavit by another student could be

Several concerns were identified related

signed as proof of attendance, but thisto compensation received through thewas ineffective when the whole school’s

CEP and IAP processes. These included

records were missing and therefore no

both the amount of compensation

student could establish their attendance.

provided, how the levels of compensation
61
CBC. (2015). CBC closing comments on indigenous stories ‘commendable,’ says N.W.T. man: https://www.cbc.ca/ews/
canada/north/cbc-closing-comments-on-aboriginal-stories-reaction-1.3345137.
62
Canada Indigenous and Northern Affairs Canada. Indian Residential Schools: https://www.aadnc-aandc.gc.ca/eng/1
100100015576/1100100015577.
63
Canada Indigenous and Northern Affairs Canada. Common Experience Payments: https://www.aadnc-aandc.gc.ca/
eng/1100100015594/1100100015595.

36

Lessons Learned: Survivors Perspectives

Survivors have expressed mixed feelings

processes in other countries, such as

about compensation. As noted in previous

Ireland, Survivors of abuse at church-run

studies, positive and negative perceptions

institutions had received higher monetaryand feelings are not mutually exclusive.

levels of settlement.66

The benefits of compensation, such as

For some, the compensation levels fell so

Other Survivors commented that they

short of their expectations that the impact

felt that the fact that they were able toleft Survivors feeling violated and re-secure a good education and maintain

victimized.

employment throughout their lives unfairly

Many questioned the wide differences incounted against them in the determinationlevels of compensation provided. Someof compensation.

being able to pay off debts, improveliving conditions and support educational
pursuits of their children, do not negate
the experience of re-traumatization. Thiswas further compounded by the sense thatcompensation levels were unfair.64
It is also important to acknowledge as
the Aboriginal Healing Foundation study
clearly states that while Survivors report
both positive and negative experiences
associated with compensation, formany Survivors, their families and theircommunities, the magnitude of thenegative experiences “greatly outweighany positive, material benefits of thepayment.”65 The study also suggests thatthe positive experiences may often havebeen relatively short-lived, while theschool, noting that all forms of abuse have

simply inadequate in consideration of thedue to inaccurate records kept by theresidential schools.70 The reliance on paper
records over the testimony of Survivors is
another example of the failure to apply
Indigenous methodologies in favour ofWestern processes, with a negative resulton the outcomes.
c) Management
Management of compensation received
Two lawyers involved in the process(likely due to compensation for estimatedbeings.”losses of lifetime earnings reflecting

Furthermore, the methodology used togender gaps in wages). This is supported

determine CEP was flawed to the extent

by academic research. One authorthat it was based on requiring residentialcomments that:

school records that were in and of

The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement Agreement’s
Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Pages 44-46.
65
The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement Agreement’s
Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Page xiv.
66
Sault Ste. Marie Engagement Session.
64

two years of his residential school tenure,emphasis on evaluating compensation

harms experienced by Survivors as “humanreceived less compensation than men

Dr. Wilton Littlechild, was denied CEP for

was discussed from different perspectives.

and failed to acknowledge the overall

It was reported that women generally

even one of the Commissioners of the TRC,

Some Survivors commented that thebased on cultural harm was too limiting

long-lasting impact on all aspects of life.

This process is really based on whatcompensation that they received wereb) Methods

types of abuse experienced in residential

Some commented that in similar

Many Survivors said that the levels of

68

placed on sexual abuse rather than all

trauma and harm they had experienced.

a) Levelsthe common law is. Traditional
work such as hunting, trapping is
recognized...that’s easier to recognize
because there is a proven history, but
women’s work is not…”67

said that there was too much emphasis“The IAP compensation model, likeother Canadian legislation, does notplace value on what traditionally is
considered women’s work – that is, theinvisible, unpaid work that sustains
families and communities…In relation
to the IAP, one adjudicator similarly
explained the relationship between
women and unpaid work:

negative impacts were long-lasting.

37

Lessons Learned: Survivors Perspectives

69

themselves flawed, through no fault of
the Survivors themselves. For example,

took issue with a widespread idea, often
reported in the media, that Survivors
had not been able to handle the sudden
influx of money from compensation. They
reported that:“There was also an unfortunate
disconnect with the media and the
Churches, all of whom promoted
the racist concept that “Indians
can’t be trusted with money”. ThereI watched people who were really poor receive money, but it did moredamage. They didn’t know how to handle it, some people used it
foolishly, for substances. A month after they had to start selling theirstuff. And so that was tough to watch. On a positive note, Canada
started to hear the true story of what happened to our people.
Survivor Interview
Hanson, C. (2016). Gender, Justice, and the Indian Residential School Claims Process. The International Indigenous
Policy Journal, 7(1) . Page 7. Retrieved from: https://ir.lib.uwo.ca/iipj/vol7/iss1/3
68
Prince Albert Engagement Session.
69
Yellowknife Engagement Session.
70
Interview with Commissioner Littlechild, June 21, 2019.
67

38

Lessons Learned: Survivors Perspectives

were offensive and misplaced fears
that the CEP money would result inwidespread drunkenness and social
upheaval on the Reserves.
The experience of legal counsel wasthat the money was generally put tovery good use, with many claimants
setting up educational funds,
making donations to local causes
and generally treating the moneyas special or even sacred funds thatneeded to be spent thoughtfully.”71

Lessons Learned: Survivors Perspectives

Many of the adjudicators, including some of the very senior ones, hadlittle significant experience working in the field of Aboriginal rights orwith Indigenous communities. The most common areas of expertise
were in administrative and personal injury law.

For example, one Survivor said that theyfelt that they had been taken advantage ofby a car dealership that had convinced the

D. Paterson and W. Blakeney

Survivor to spend their full compensation
on a new truck. Another Survivor suggested
that payments be drawn out rather thanof many involved in the processes.

provided in a lump sum to be akin to aa) Lack of Adequate Legal
Representation

retirement fund.73

A commonly expressed challenge in

5. Professional and CulturalCompetency

there were instances of Survivors being

recounted stories on having legal counsel

asked by lawyers to sign blank forms with

explain the morning of a hearing how

their information, in order to authorize fees

to testify, which provided Survivors withbeing charged unfairly. Similar problems

inadequate guidance, and in some cases,

were reported in relation to therapists

meant they did not share everything thatcharging time for attending hearings.

needed to be shared in order to receive

This led to the recommendation that Law

fair compensation.74

Societies conduct investigations and issue

the IAP and CEP process, there was a needof compensation not only benefitingfor everyone involved to be culturally

individuals but of being put to goodcompetent, including the administrators,

causes, including those aimed at

the adjudicators, the lawyers, the healthreconciliation efforts, or at the education

supports and therapists. This is clearlyof children and grandchildren.72

set out in the Calls to Action issued by

At the same time, some Survivors did

the Truth and Reconciliation Commission.

report challenges in dealing with the

Unfortunately, the Survivors had to deal

Survivors also recounted having to pay

compensation and that better supports

with a system designed without thetheir lawyers large legal fees. Others

for financial planning would have been

benefit of the Calls to Action, including

recounted having to do their own researchhelpful. In fact, some stated that because

shortcomings in the cultural competency

on records from the residential schools,

such help was not available, too often,

even though they understood this to be

non-Indigenous businesses took advantage

the lawyers’ jobs. Other Survivors talkedof Survivors who received compensation.

about legal counsel losing their files. Someof the stories shared, for example, about
lawyers who accused Survivors of lying
about their experiences, suggest a problem
with lawyers not having necessary culturalcompetency.75
Some shared stories of lawyers being

71

39

cases.

adequate legal representation. Survivors

there were many personal accounts

Paterson, D. & Blakeney, W. (2019). IRSSA Lesson Learned: Two Perspectives on the Experience of Legal Counsel.
Page 4.
72
See also: The Aboriginal Healing Foundation Research Series. (2010). The Indian Residential Schools Settlement
Agreement’s Common Experience Payment and Healing: A Qualitative Study Exploring Impacts on Recipients. Page
xv.
73
Sioux Lookout Engagement Session.

implications for the Survivors’ individual

It was reported that in Saskatchewan,

Throughout the processes, particularly

Memorial Register Focus Group

representation, with far-reaching

the CEP and IAP process was the lack of

In fact, in the course of this project,

I had a lawyer that came to the reserve… at the appointment he wanted
me to blow my story out of proportion but I didn’t want to. I went andsaw my own lawyer and was happy with her.

disbarred as a result of their negligent

Yellowknife Engagement Session.
Eskasoni Engagement Session.
76
Memorial Register Focus Group Meeting. Page 6.

disciplinary action in future efforts wheresuch abuses occur.76b) Lack of Adequate Training andExperience of the Adjudicating
Officials, Lawyers, Therapists andSupport Workers
Survivors identified concerns that theofficials reviewing the CEP and IAP cases
did not have the cultural competence, or
simply the prior experience of working
with Indigenous peoples, needed to builda rapport with the Survivors. This led toSurvivors being re-traumatized.
Some Survivors reported a lack of

74
75

40

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

They were flying in therapists that were not even familiar with what
reserves looked like.

It would be nice if people approached us to ask what we want first…
There was talk of a cultural centre. We wanted the symbolism aroundthe tipi because it is a common cultural thing. Personally, I wanted tohonour my dad’s last request. He asked me to look for some siblings
who …left by steamboat and never returned home…There needs to besome commemoration for these people.

Memorial Register Focus Groupconfidence that adjudicators had received

This Survivor wondered whether this wasappropriate training for their roles, noting

altruistic or an effort to raise funding forthat the Survivor experience was not

the firm as the number of hearings woundvalidated during the hearing process,down.77

emotional impact of hearing so many

identified that commemoration initiatives

consistency varied between Indigenous

It was noted that lawyers, therapists andstories of trauma and abuse.

should be Survivor-driven. It was also

support workers alike were ill-equipped

The imposition of non-Indigenous systems

noted that commemoration continues toto perform their duties and would have

led to the exclusion of Indigenous

require financial support.

benefitted from specific training for thetherapists from the approved list of

In the engagement sessions that thecontext of working with Indigenous

registered therapists, where allowances

NCTR conducted on access to memorial

Survivors of residential schools. Someshould have been made, since Indigenous

registry documents, Survivors highlighted

support workers for the IAP and CEP

therapists would have been more well-

the importance of commemorating

Other Survivors spoke of being screened

processes said that they did not receive

equipped to meet the needs of Survivors.78

children who died in residential schools.

out by lawyers before they even got to

the training needed to be able to answer

Several suggestions were provided,a hearing. One Survivor, for example,

all the Survivors’ queries about the forms

Particularly in the North, Survivors

recounted the story of a broken arm at

to be completed, such as whether students

the hands of a school official but the

who attended industrial or boarding

lawyers would not take the case. Later inschools qualified for compensation.

the process, this same Survivor recounts

Inadequate preparation to deal withbeing “hounded” by the same law firm,

vicarious trauma meant that staff wereencouraging her to proceed with the claim.

not properly supported to deal with theand non-Indigenous adjudicators and theenvironment created during the hearings
were insensitive and inhumane (such as
not developing a relationship with theclaimant prior to, or during, the intensive
hearing process).

Yellowknife

identified the inadequacies of therapist
services that were provided on a rotational
basis, resulting in Survivor fatigue overhaving to repeatedly re-tell their stories todifferent therapists. In addition, Survivors

A survivor shares a story of an IAP experience in Kenora where an 81year-old survivor came with his 82-year old wife:
The translator never showed up. [The Survivor] was handicapped. I had
to ask the guy who was driving the medical van to do translations.
This lost the gist of what this man was saying because of the lack of atranslator. The room wasn’t handicap friendly; they couldn’t get him in
the bathroom. He had to urinate in a bottle. He couldn’t relieve himself
in privacy. Two days later the phone rang, it was the adjudication
secretariat, and they apologized like crazy.
Winnipeg Lessons Learned Focus Group

including holding cultural ceremonies
to commemorate the lives of thesechildren at the gravesites and displaying
photos. The importance of their families
driving the decisions of the form of

recounted the sense that therapists werecommemoration was underscored.79

more concerned with payment of services

Commissioner Marie Wilson observed thatthan with providing adequate services.

the communities with the greatest need

Survivors felt that the therapist lacked thefor commemoration of residential schools

cultural understanding of the Indigenous

were often those that had the least

peoples living in the North, which

capacity to prepare a successful proposal.

negatively impacted the ability to provide

This was unfortunate because where

adequate service.

funding was provided for commemorative

6. Commemoration

projects, the benefits for community
healing were profound.80

In relation to commemoration, it was
Memorial Register Focus Group Meeting. Page 7.
Sault Ste. Marie, Eskasoni, Montreal, & Victoria Memorial Registry Engagement
Sessions. 80 Commissioners Wilson and Littlechild Interview.
78
79

41

77

Interview with Ry Moran, Director, National Centre for Truth and Reconciliation.

42

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

VI
Survivors’ Perspectives on
Solutions
Survivors articulated an array of

1. Exclusion of Sectors of Students

recommendations related to meeting theIt was recommended that the Government

needs of Survivors and their families, asof Canada take responsibility for redress

well as broader recommendations aimed

for those students who were excluded

at the general public and implementationfrom the process. For example, Métisof the Calls to Action. These include theSurvivors were excluded in the settlement

need to redress exclusion of sectors ofand the Métis Nation has sought a

students; intergenerational healing efforts;

remedy to this inequity, such as throughretention of residential school records as

the negotiation of a separate Settlement

part of the complete history of residential

Agreement.81 It was further recommended

schools in Canada; a commitment tothat intergenerational Survivors should befurther research efforts; the establishment

compensated, including those where theof an independent legal review;

Survivor passed away prior to the 2005

compensation avenues of redress still

deadline.

available to Survivors; issuance of further
apologies; implementation of the Truth

2. Intergenerational Healing Efforts

and Reconciliation Commission of Canada’s

It was recommended that support

Calls to Action; Indigenous languages andbe provided for community-based

cultural revitalization; the need for further

healing focusing on Inter-generationalcommemoration; the need for public

Survivors, including those experiencing

education; and support for self-sufficiency,

homelessness and those involved with thea healthy environment and responsible

health, child welfare, social welfare andresource extraction.

judicial systems.82 Sexual violence leading
to missing and murdered Indigenous

81

43

82

Prince Albert Engagement Session.
Yellowknife Engagement Session.

44

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

women and girls should also be a focus.83

3. Residential School Records

records are likely to be missing or

school system. It was underscored

Further, particular attention should be paid

It was recommended that concerted efforts

incomplete, processes should be inthat Indigenous peoples should leadto the youth, including addressing youth

be undertaken to ensure that Survivor

place to accommodate this reality. The

research efforts, based on traditional

suicide.84

statements are not destroyed after ten

processes should take into account theways of learning and knowing. Youth

Educational, employment and training

years, as is currently the practice. The IAP

difficulty of obtaining such documents andwere called upon to take leadership in

supports need to be provided to help

records are scheduled to be destroyed on

the challenges that difficulty will poseusing information technology to conduct

Inter-generational Survivors overcome

September 19, 2027. Community members

the claimant from practical, legal, andresearch.

the legacy of the residential school

have repeatedly expressed concern thatemotional points of view.89

Most Survivors held the perspective thatsystem. The need for treatment centres

the family members or executors of a

Most Survivors felt that families should

research should be community-directed

and education about nutrition were

Survivor’s estate cannot choose to save thealways be able to access records ofand community-owned. This was viewed

also identified. This includes a need to

IAP records once a Survivor passes away.

children who had died at residential

as the best way to ensure research

revive cultural practices, including pow

Throughout the engagements, Survivors

schools. They felt that access to records

benefits the community and is culturally

wows, crafts, arts, sweat lodges and pipe

expressed that the process for records

helps bring closure and some degree of

relevant. Concerns were raised about

ceremonies, based on respect and on thewas not clearly or consistently conveyedpeace to them. Where opinions diverged

researchers from outside the community

specific needs of the particular community

to them – some had an expectation that

related to the value of providing accessusing information collected for their own

involved. Repatriation of cultural

the records would be saved and others

to these records for the general public.

benefit and in a way that would harm theartefacts was also raised as part of thishad an expectation the records would be

Concerns were raised about how thecommunity, including re-traumatizing

journey.

destroyed. Further, some Survivors were

documents would be used and theSurvivors.91

It was recommended that a greater level

informed at the time of their hearing that

potential that their use without consent

of family supports be provided that aim

they could obtain copies of the materials,

would be re-traumatizing for theto overcome the generational experiences

while others were not. The process andfamilies.90

of families being broken apart. This could

information shared around retention of

be accomplished through a community

records was seen as a breach of trustdevelopment model focused on strengthen

and contrary to the mandate of the TRC

families, supporting the functions of

to safeguard the complete history offamilies and aiding family members inresidential schools.88

meeting their respective responsibilities,

Related to the issue of exclusion, allsuch as land-based responsibilities. This

Regarding the CEP process:

Survivors left out of the IRSSA process

also includes men’s healing in the North,should have access to another form

which is currently lacking.

of settlement. In historic cases where

The important work today is preparing records for future use and to beproperly funded to do a good job. It’s not only the compensation but thehonouring of the stories and records and their place in the history of thiscountry.

85

86

87

Edmonton Engagement Session.
Yellowknife Engagement Session.
85
Sioux Lookout Engagement Session.
86
Edmonton Engagement Session.
87
Yellowknife Engagement Session.
88
Yellowknife Engagement Session.

5. Independent Legal Review
Based on concerns about the inadequaciesof the Western legal process, including

4. Research Efforts

inadequate and unethical legal

It was recommended that ongoing

representation, as well as remedialresearch be conducted on the residential

processes, such as Law Societies failing toMemorial Register Focus Group Meeting

83

84

45

Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 12.
90
Eskasoni Memorial Registry Engagement Session.
91
Muskowekwan Memorial Registry Engagement Session.
89

46

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

address Survivor concerns, some Survivors

the report. The mandate should include a

recommended that an independent legal

thorough examination of the CEP process,review of the IRSSA be undertaken.92

including the Personal Education Credits,

It was stated that the purpose of such an

as well as the role of Law Societies

independent legal review would be to

What I’d like to see is events for ‘Survivors’ only; I know there’s not manyof us left and I wish we could gather and have a ‘special day’ just for fun,which we didn’t have at the Residential School.
Survivor Interview

in resolving Survivor allegations ofdescendants to any compensation.94

mishandled compensation claims byrather than to re-negotiate the Agreement.

lawyers.93

7. Aboriginal Healing Foundation
and Community Healing Efforts

A review of the results and findings could

It was further suggested that if such an

Several participants noted the importance

help guide the move to other important

independent review establishes evidenceof reinstating the Aboriginal Healing

tasks of reconciliation that lay ahead inof wrong-doing by lawyers, this evidence

Foundation, emphasizing that the need

Canada related to truth, reconciliation

be turned over to law enforcement

for community healing initiatives remains

and healing. Further, this review could

agencies for consideration of possible

great and that the Aboriginal Healing

determine whether all elements of thecriminal charges.

Foundation had the expertise to carryadvance truth, reconciliation and healing,

IRSSA have been appropriately completed.
This may involve seeking further remedies.
To ensure neutrality and objectivity, it
was suggested that such a review be
undertaken by the Courts and include
the following activities: appointmentof a neutral party to conduct the legal
review; approval of the Terms of Reference
that set out the involvement of key
stakeholders, especially Survivors, aswell as the government, churches, andthe Independent Assessment Process
Secretariat; and establishment of adeadline for delivery and public release ofout these initiatives in a highly effective

6. Compensationmanner.95

Survivors recommended that information

There were many recommendations

be provided to communities about

related to supporting community healing,

the current class action suits that

including taking personal responsibility

are underway that are of particularas Inter-generational Survivors to address

relevance to residential school and Intergenerational Survivors. For example,
some Survivors think that because theyreceived an IAP payment, they cannot
apply to be a part of the Sixties Scoop
Settlement currently underway. Intergenerational Survivors also would like tohave information about claims of deceased
Survivors and whether this entitles the

Healing starts with self-love, understanding the past and forgiving
oneself, as well as parents and family members for the issues they faced,such as alcoholism and other addictions.
Prince Albert

Addressing these deep types of healing
and recovery requires ongoing healing andsupport.
One Survivor recounted experiencesof feeling left out, on the sidelines,
when attending events and gatherings
focused on truth and reconciliation. Her
experiences were that too often, Survivors
are not given the opportunity to telltheir stories. A solution to this is to hold
Survivor-only events, where this dedicatedspace would purposely be created.97
Other participants recommended thatIndigenous safe spaces be created that
promote land-based ways as a positive

the legacy of residential schools, including

way forward.

educating the public, encouraging

A common recommendation identified wasleadership to make community healing a

the need of governments and churches inpriority and establishing healing lodges

Canada to commit ongoing investments toin every community.96 This includes

address the legacy of residential schools

addressing the issue of student-on-student

affecting all Survivors, including Inter-abuse and lateral violence in Indigenous

generational Survivors. For example, thecommunities, both effects of historic

Anglican Church participants expressedtrauma experienced at residential schools.

the need for the Anglican Church ofIt’s time we took control of our own lives.
Eskasoni
Edmonton Engagement Session.
Survivor Submission, Sioux Lookout.
96
Edmonton Engagement Session.
97
Yellowknife Engagement Session.
94
95

92

47

93

Sioux Lookout Engagement Session.
Survivor Submission, Sioux Lookout.

48

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Inequality, racism, colonialism and hurt are still with us.
Anglican, Page 18

Reconciliation Commission of Canada’sthat occurred at the schools.102

Calls to Action, through workshops held for

It was underscored that Indigenous

Canada to “put our money where ourreconciliation work. These participants

Survivors, in order to facilitate a greater

immersion programs, rather than simple

mouths are.” This included financial

noted that initial actions have been taken

level of understanding and awarenessclassroom instruction are needed toallocations to healing initiatives andby its Reconciliation Animator to identify

about the Calls to Action. It was alsopreserve Indigenous languages. Financial

spaces, language revitalization, education,

local leaders in reconciliation, in orderunderscored that it is important that non-support by Canada and the churches

suicide prevention, prison chaplaincies,

to promote ongoing education. However,Indigenous people take action as well,would be a way for them to remedy someand Indigenous clergy stipends – notthe “[movement] from education toas Treaty partners in Canada. Provincialof the harm that the schools caused

simply as “grants” or “add-ons” but as arelationship” that is needed at grassroots

governments and churches have an

to Indigenous peoples’ languages andmatter of course. Land and property werelevels requires a strong, more organizedongoing responsibility to promote truth-

cultures.103

also referred to several times as resources

network, to learn from, share with, andtelling, reconciliation and healing. Finally,that the Anglican Church of Canada needs

support one another. This network would

it was recommended that a Steering

11. Commemoration

to consider carefully and “decide upon inalso assist in localizing relationship-

Committee of Survivors be formed to

In relation to commemoration projects,

consultation with Indigenous peoples.”98

building, education and advocacy

guide ongoing healing and reconciliation

Survivors emphasized the need to have

It was recommended that religious

initiatives.100

efforts.101

direct input into the selection process.

institutions make a renewed commitment
to anti-racism work at the national level.
It was noted that connections are often
not made between systemic racism andongoing effects of colonization. Examples
of how such anti-racism work could unfold
included “A Charter for Racial Justicein the Anglican Church of Canada,” there-activating of the Council of General
Synod’s Anti-Racism Working Group, andthe naming of a staff support person to theWorking Group.99

There is an unacceptable gap in

8. Apologies

reporting back to Survivors on the status

Some Survivors identified the need forof implementation. While the parties

further apologies to be issued. It wasrepresenting the Survivors receivenoted that all people who committed

information, the need to maintain ongoingabuse during the residential school

information flow to Survivors directly in aera have an obligation to apologize totrauma-informed manner is essential andSurvivors and their descendants, including

what Survivors deserve.

through Indigenous-led ceremonies. In
apology for the abuse suffered within

10. Indigenous Languages andCultural Revitalization

Catholic-run schools.

Some participants recommended thatparticular, the Pope owes Survivors anmore emphasis should be placed on

Participants from the Anglican Church

9. Calls to Actionof Canada also recommended building

Some participants underscored theto preserve and develop language anda stronger national network of local

importance of implementing the Truth andculture rather than simply educating non-supporting Indigenous-led programs

Indigenous communities about the abuses
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 19.
99
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 18.
100
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 20.

Survivors encouraged continued support
be provided for these projects, given theirresults often form an important part ofSurvivors being able to share their stories
with their children and grandchildren.
For example, Survivors talked about theirideas for future projects, such as compilingphoto collections or buildings that areaccessible within the community. 104
Another idea proposed was for Canada to
declare a Memorial Day specifically toremember war veterans who were also
Survivors. Other forms of commemoration
recommended included creating a national
registry of Survivors and erecting regionalmonuments across Canada that display

98

49

Edmonton Engagement Session.
Bisson, P. & Blakeney, W. (2019). Spanish IRSSA Lessons Learned Exercise. Jesuits of Canada. Page 5.
103
Bisson, P. & Blakeney, W. (2019). Spanish IRSSA Lessons Learned Exercise. Jesuits of Canada. Page 5.
104
Yellowknife Engagement Session.
101

102

50

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

It can’t just be a list of names. It should be grouped by schools orcommunities, then you can see the names and then click the profileand that is dedicated to that child. All of the information in the profile
needs to be there on its own page for each child.

public that profile the true history of the

Many participants asserted the need forresidential school system, are imperative.

ongoing public education on the history

Such strategies will help to ameliorate

and legacy of residential schools as well as

racism experienced in society today

their names.105

Some suggestions included having an

Treaties, Indigenous rights (including self-

against Indigenous peoples. Too often,

The importance of national recognition

Elder perform a ritual or a memorial

determination) and current manifestations

racism, such as that displayed throughfeast, having a designated area/ceremonyof racism and colonialism.

social media, perpetuates trauma forof the residential school system was
highlighted. This solution is consistent
with an effort underway by the National
Centre for Truth and Reconciliation in
partnership with Parks Canada, andinformed by the perspectives of Survivors,
to have the residential school systemdesignated as a national historic event.
It was noted that it is important tomemorialize children who went missing
or died at residential schools as well.
Stories were recounted of the remains ofchildren being found in the walls of former
residential schools – terrible stories thatshould be shared with Canadians as animportant part of truth-telling. It was also
recommended that children who diedfor memorialization annually, having anational day of mourning and asking every
community where there is a Residential
School Site to organize local events
around that day. These forms of honouring
missing children or children who diedwill convey the message that “nations ofpeople are commemorating the memory ofthis.”

107

Participant noted the important oftangible recognition to feel the impact.
Protection of gravesites needs to beprovided by Indigenous leaders to ensurethat such sites are commemorated andnot utilized for other purposes such as
gardens, which was reported to haveoccurred in some communities.

For children, the education should include

Survivors.110

age-appropriate teachings on the history

There is urgency in doing public educationof early Indigenous-settler relationships,

today. Knowledge Keepers and theTreaties, residential schools, as well as

Survivors are passing on, and the cultures“experiences for non-Indigenous children

and languages are being broken. Thereof Indigenous ways of knowing andis a need for a circle of intergenerational

importance of the land.” In the case ofknowledge sharing with the new

Indigenous children, many expressed thegenerations to restore and to revitalizeneed for language and cultural teachings

their own cultures for their own peoples.

– that which was taken away in the “seven

Another recommendation related togenerations.”

storing records online for public education

It was recommended that public education

purposes. For example, it was suggested

be provided about the impacts of thethat the NCTR could provide a portal forresidential schools on Survivors. For

Survivors to upload photos or additional

example, Survivors talked about therecords onto the website as a way toimpact on their identity. The losses

preserve the record for future generations.

108

in schools where there were outbreaks

Finally, where commemoration projects

suffered as a result of having one’s identity

This could include preserving nicknamesof Tuberculosis should be honoured

continue to be supported, the importancerobbed, preventing one from beingof Survivors who attended residential

and commemorated, including throughof putting in place monitoring mechanisms

grounded, were highlighted.109 More publicschools, as often this was the only nameceremony (for example, pipe ceremonies

to ensure commemoration project

education and outreach programs about

by which other Survivors knew the person.

and feasting).106

objectives are achieved was emphasized.

residential schools are needed in order for

Where students had spirit names, thesetruth and reconciliation to be achieved.

should be preserved in the record as

Sometimes our own people don’t know or understand the reasons
behind why we are suffering.
Anglican, Page 18
Sault Ste. Marie Engagement Session.
Sault Ste. Marie Engagement Session.
107
Memorial Register Focus Group. Page 11.
105

106

51

12. Public Education

Education strategies aimed at the general

well.111

108
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 15.
109
Sault Ste. Marie Engagement Session.
110
Prince Albert Engagement Session.
111
Sault Ste. Marie Engagement Session.

52

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Further, it was recommended thatwithin the education system struggle with

It was recommended that efforts be

educational efforts be prioritized foremotional problems, or drug and alcohol

undertaken to change current practices

people who work in the criminal justice,abuse, culturally appropriate mental healthof resource extraction, specifically mining

social services, child welfare, education

supports are needed. It is difficult forand hydro, in northern communities

and health systems.112 This is because

educators to meet the needs of students

where companies do not involve orSurvivors, including Inter-generational

without adequate supports.114

provide benefits to Indigenous peoples

Survivors, often receive services from thesein the area. These practices should be

legacy of the residential school systems by

13. Self-Sufficiency, a Healthy
Environment and Responsible
Resource Extraction`these individuals providing services would

It was recommended that funding be

and private industry, based on sustainable

provided for self-sufficiency initiatives

practices and Indigenous knowledge. The

In terms of public education withinbased on reclamation of traditional

opportunity to right the injustices caused

schools, it was recommended that teachers

practices in a contemporary context. Thisby the residential schools, through current

be adequately supported in order to teachshould include re-introduction of thereconciliation efforts, is an essential aspect

about residential schools in a sensitive

buffalo as a self-sustaining traditionalof the healing required.

and culturally appropriate way. For

food source and promoting self-sustaining

example, Survivors recounted experiences

housing (with solar panels and otherof having their grandchildren ask themenvironmentally sustainable aspects).115

about their residential school experiences

One group of Survivors identified thatsystems. A greater understanding of the

facilitate better relations.

as part of the grandchildren’s school
assignments.113 While it is important that
schools encourage learning about theresidential schools, and to include thevoices of Survivors in such learning, theyalso need to be aware of the potentiallyharmful impacts of such requests. Schools
need to be supported to develop greaterawareness and competency around issuesof trauma related to learning on theresidential schools.
Further, where Inter-generational Survivors

replaced with models where Indigenous
peoples are partners with governments

meaningful reconciliation must be basedon the Government of Canada, alongwith provincial governments, working
collaboratively with Indigenous peoples
to ensure that all Indigenous individuals
have the opportunity to live in a healthy
environment. For these participants,
healing requires that all communities
in Canada be on an equal footing, forexample, in relation to access to water,
clean water supplies, affordable housing
and other basic infrastructure needs.116

Edmonton Engagement Session.
Yellowknife Engagement Session.
114
Yellowknife Engagement Session.
115
Edmonton Engagement Session.
116
Fr. Peter Bisson and William Blakeney (Jesuits of Canada), Spanish IRSSA Lessons Learned Exercise. Page 5.
112
113

53

54

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

VIII
Lessons Learned for Other,
Similar Processes
Participants in this project highlighted

agreements should better reflect the needs

numerous lessons learned that can beof Inter-generational Survivors, including

applied to other, similar processes in thethose related to healing, culture, education

future. These lessons learned ranged fromand employment must be the focus.

relating to the mandate and commitmentsof future processes; the methodology
for statement-gathering and legal
proceedings; communication strategies
that will foster accessibility; and the needfor ongoing monitoring, evaluation andaccountability.

Participants emphasized the needfor future processes to be based onan understanding of the enormity ofmulti-generational trauma that colonial
institutions and policies have created, andto establish trauma-informed mechanisms
to deal with trauma in an ongoing way.117

1. Mandate and Commitmentsb) Expectation Settinga) Intergenerational Impacts

Several participants stated that some

It was recommended that in future

Indigenous peoples expected outcomesprocesses of a similar nature, Inter-that were not delivered upon – including

generational Survivors be included in thethe opportunity to confront perpetrators as

supports and compensation offered. It

was done in the case of the South African

was noted by many Survivors that future

TRC. At the same time, it was noted several

Let’s not treat the 60’s Scoop and Day School Students and Survivors
like we did the residential school Survivors. This ought to be the goal ofthis lessons learned exercise.
Lessons Learned All Parties Meeting
The United Church of Canada. (2018). Indian Residential Schools Settlement Agreement Lessons Learned Exercise
Summary of Discussion by the United Church of Canada, November 2018. Page 8.

117

55

56

Lessons Learned: Survivors Perspectives

times that a perfect process is not possible
and that trying to formulate a perfect one
may stall things inevitably and get in theway of actually moving ahead.118c) Honesty
The need to be fearless in speaking andhearing truth was also a repeated insightlearned from the process. Survivors
counselled, “Be honest with yourself,”“take the risk,” “don’t take your story
to the grave,” and “be honest with theyoung folks.” Others identified the needfor non-Indigenous people to listen
without defensiveness, “learn to listen
intentionally.” One Indigenous leader
simply said, “Do not be afraid. It will beokay in the end.”119d) Records of the Process

We have been researched to death. What we need now is to beresearched back to life based on our needs and realities.

The obvious solution would havebeen for the adjudicators at the
beginning of each IAP hearing to
explain to the claimant that they had
the option to allow their records to beturned over to the TRC or the NCTR.
If they agreed to this, their personal
information could either be preservedor rendered anonymous.120

Elder Harry Bone, Elders Gathering, Turtle Lodge, 2015

without providing any follow-up or

and engagement. For example, in one

showing any reciprocity whatsoever.122

case, the Court held that the conduct ofOther Survivors recounted feeling that

the Crown in the implementation of theresearch and documentation collected

settlement agreement was “arbitrary”
and that this was “unfortunate when one

The records were not retained, or are

was used against them and theirsubject to being destroyed. It wasfamilies. Survivors reported feelingrecommended that a clear and transparent

taken advantage of by researchers andprocess for seeking permission regarding

concerned that researchers would benefit

what to do with an individual’s records

from their suffering from the residential

and statements be contemplated at theschool system and the consequences andpublic opinion and the political arena.”123

outset of future projects and that there beoutcomes of the IRSSA.

Similarly, other participants identified the

a commitment by Canada to remedy theb) Culturally Relevant Models,
including in relation to Conflict
Resolution

shortcomings of the IRSSA process.

121

2. Methodology for StatementGathering and Legal Proceedings

In the IRSSA, the National Administrationa) ResearchCommittee (NAC) was tasked with working

Some participants underscored the needin concert with the TRC and having

for documentation and research to be

responsibility for first appeals from thedone in a professional way in future

CEP claims. Largely due to the enormous

processes. Survivors highlighted that

number of CEP appeal claims, the NAC

community ownership over the stories anddid not have the time to work in concert

experiences related to residential schools

with the TRC to proactively resolve certain

are important. In Eskasoni, Survivors

important issues, such as retention ofrecounted non-Indigenous researchers

records of individual applications. As

coming into the community, taking the

explained by legal counsel:

information they needed for their study,

Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 16.
119
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 16.
120
Paterson, D. and Blakeney. W.. (2019). IRSSA Lesson Learned: Two Perspectives on the Experience of Legal Counsel.
Page 14.
121
Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 7.
118

57

Lessons Learned: Survivors Perspectives

considers the aim for truth, reconciliation
and assistance for historical wrongs,” butthat the Court had no power to intervene
and the remedy, if at all, lay “in the court ofneed to de-emphasize dominant models ofconflict resolution,124 prioritize Indigenous
law, cultural practices and protocols,125 andSome participants recommended that, in

integrate Indigenous worldviews in design

future processes, settlements should be

and implementation of the work at hand,considered to be Treaty-like agreements

particularly with respect to healing.126

seeking to effect reconciliation principally

Noting that some Survivors refused to

between First Nations and the Crown. In

leave their communities during the IRSSA

such a paradigm, of secondary importanceprocess, mobile centres were identified asis the relationships between thosea solution. This could be applied to future

impacted by Residential Schools and theprocesses.

Churches which operated them. This could
have provided for the foundational use of adifferent set of principles of interpretation

Eskasoni Engagement Session.
Paterson, D. and Blakeney, W. (2019). IRSSA Lesson Learned: Two Perspectives on the Experience of Legal Counsel.
Page 3.
124
The United Church of Canada. (2018). Indian Residential Schools Settlement Agreement Lessons Learned Exercise
Summary of Discussion by the United Church of Canada, November 2018. Page 8.
125
The United Church of Canada. (2018). Indian Residential Schools Settlement Agreement Lessons Learned Exercise
Summary of Discussion by the United Church of Canada, November 2018. Page 8.
126
The United Church of Canada. (2018). Indian Residential Schools Settlement Agreement Lessons Learned Exercise
Summary of Discussion by the United Church of Canada, November 2018. Page 8.
122
123

58

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectivesc) Progressive Community
Disclosuree) Non-Harmful Redress
Mechanisms

In the TRC’s experience, Survivors needA very common theme identified as a

Definitely have to find out a dispute mechanism rather than having
lawyers looking after it. Out of the billions of dollars the government
sent, a huge percentage went to lawyers so definitely that part [needs
to change for future processes]. We have to find a different way to settle
these agreements without the legal system playing such a huge part.

time to be comfortable sharing theirlesson learned from the CEP, IAP andSurvivor Interview

experiences of trauma. People who had

TRC processes was the need to designprevious experiences in sharing their

future, similar processes in a way thatstories were in turn more comfortable

do not re-traumatize or re-victimize

when provided the opportunity to

the Survivors and their descendants.

testify before the TRC. Conversely,

The fact that triggering of Survivors’

communities that had not shared as

PTSD prevented them from even givingmuch or had not engaged in as muchstatements should have been considered

open dialogue through health supports

in how compensation was determined. For

were often less willing to participate andexample, the process could have relied

generally hesitant to share. The concept

upon evidence of attendance at residentialof progressive community disclosure

schools only. Further, some Survivors

is important to accommodate in futuresuggested that the whole IAP should

processes.

have been replaced with a system thatd) Addressing Vicarious Trauma
The issue of vicarious trauma, highlighted
by staff involved in the IRSSA processdeserves attention at the outset of any
future similar processes. In order to further
explore and establish better approaches,
additional reflection with staff involved
would be prudent given the intensity andnature of the work.

it from being too overwhelming for

Another identified benefit of establishing

Survivors. Related to this, lawyers,

non-adversarial proceedings in the future

governments and judges involved inis the prevention of large percentages ofsuch processes need to be culturally

settlement fees going to lawyers, which

competent, and carry out their duties inhappened far too often in the CEP and IAP

a non-discriminatory manner. Training ofprocesses.

non-Indigenous professionals is needed

It was recommended that in cases wherein advance of the process. Further, there
should be concerted efforts to involve
Indigenous professionals who are more
likely to possess culturally competentskills. Cultural safety is not optional.

would simply provide the same amountavenues to access financial counsellingshould be available for interested
individuals.127e) Aftercare

to every Survivor. This approach could be

Related to this, there is a need to ensure

considered in future processes.

safe spaces to heal and to receive

It is recommended that in future

treatment are available alongside similar

processes, aftercare following the end ofprocesses. Information should be provided

the process be part of the overall plan.

in a respectful, understandable manner

While future care plans were part of theand stories should be kept confidential.

eligible compensation under the IAP, in

Furthermore, for future forms ofcompensation processes, it wasrecommended that legal counsel betrained in receiving progressive disclosure,which allows Survivors to recount their

It was further recommended that non-stories over time in order to prevent

adversarial processes be adopted for
future efforts to address the residential
school legacy or similar issues. SuchOne Survivor recounted the gendered racism she experienced by an
adjudicator:

processes should be based on recognitionof Indigenous sovereignty, ways of life

I did qualify for it and it helped my family out a bit, but when I told mystory, I thought I was going to pass out. I was so scared and nervous. I
had a judge from Quebec, and after I poured my heart out, when it wasover, he told me: The priests only liked the cute little girls.
Eskasoni
59

large sums of money may be awarded,

and ceremonies in order to truly achieve
healing and reconciliation.

practice, the needs far outweighed thecompensation levels. This was based on
the observation that there was little or noaftercare provided to staff and volunteers
who engaged with the Settlement
Agreement. Staff have reported challenges
in their personal lives that relate directly
to the content and nature of the mattersobserved.128

Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 12.
128
Winnipeg Focus Group Session.
127

60

Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

Survivors involved in the TRC reported

not meet this criterion, but this is underexperiences of (PTSD) resulting from

review.

participating in the hearings andencountering many others’ stories thatreflected similar forms of trauma that they
themselves suffered.

Anglican, Page 16

Several participants said that theystruggled with vicarious trauma during
and after the IRSSA process. They asserted
that if the process was done again, thewith Survivors and/or members of their

Survivors, including those who received

families.130

compensation and those who were

While there are some federal government

potential for this should be openly talked

A strong communications strategy

excluded from compensation. The distinct

programs that can provide ongoing healthabout, and there should be debriefing

for future processes should include

needs of Métis, Inuit and First Nations

and healing supports, these programs are

sessions and regular “check-ins” with staff

Survivors at the center of it, guiding how

Survivors must be considered and reflectedunder-prescribed. This is likely because theand volunteers so that they could deal with

it is developed and being included asin communication strategies.

programs were not advertised during thetheir experiences in an appropriate andspokespersons. Communication materials

It was recommended that in future

IRSSA processes as available aftercare andhelpful way. Indigenous leadership needs

should be available in Indigenous

processes, attention be paid to the need

continue to be not well-advertised. One

to play a role in supporting Survivors. In

languages and accessible formats. A

for an effective communications strategy

solution may be providing a link to theseterms of advice for others entering into

trauma-informed approach dictates thatin the North to convey the diverse

programs on the NCTR website, as well as

this type of process, clarity around goals

after-care should be available upon

experiences of Inuit, Dene and Métis

engaging in a national media campaign.

and purpose was often cited.

completion of such processes. This

Survivors that is reflective of the Inuit,remains a gap in need of redress forDene and Métis peoples. It is necessary

It is important that such services areavailable to all Survivors (including thosethat were excluded from the IRSSA).
Further program names should reflect
an inclusive mandate. Currently, one ofthe programs, Indian Residential Schools
Resolution Health Support Program of theFirst Nations and Inuit Health Branch, does

129

3. Communications Strategies andAccessibility
Communication and engagement policies
and practices should be trauma-informed
and monitored and evaluated throughout
the process, particularly in cases where
decisions are being communicated

There’s no aftercare. They’ll say if you have problems because of this,here’s this phone line. You can come to this place for sessions twice aweek to deal with the situation and your feelings. What happens if you
get a busy signal? What if there’s 300 people ahead of you? Canada
is not really interested in all of that. They haven’t thought this thing
through properly. They want to walk away…To me its living through it
again. I have to prevent it from hurting my grandchildren.
Survivor Interview
129
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 16.

61

The English language can play tricks on the core meaning of themessage. It needs to be explained in the cultural context of how it will be
understood.

A leader shares that his biggest criticism about the CEP was the failure
to keep the Survivors at the center through careful preparation andinsightful attitudes:
Everyone emphasized Survivors first but as we moved from stage tostage, the first people that were left out were Survivors. Lawyers, healers,
consultants and experts took over. Survivors were left in the sidelines
wondering what they were all talking about. The first step should havebeen a lot of preparation for Survivors before IAP hearings; it would havebeen very useful to have spent even a few months engaging groups
and learning what we could expect going in to those situations. Nothing
like this had happened before, let alone in Canada. No one knew forsure what we should be doing to strive to bring about a satisfactory
conclusion. Preparation was a key short fall as a country, a government
and as a group of lawyers. Everyone came into this process with thesame perspectives and with the same attitudes. No one took the time torealize this as a unique situation.
Memorial Register Focus Group130
Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 12.

62Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspectives

For me, I didn’t have too bad a time in the process. It was tough but I
made it through. It was all the others I heard about that worries me…lots
had it worse and I heard about a lot of negative experiences.

I want non-Indigenous Canadians to know that this happened in ourcountry and it happened in ways and in circumstances that allowed
most of us to have no idea it was happening. I want them to bereminded of the importance of paying attention and asking questions
and expecting big things of our elected leadership and not letting themoff the hook-on issues that are fundamentally about human rights. At
the same time, I also want us to allow that we may not feel personallyresponsible for things that have happened in the past, but we are
personally and directly and collectively responsible for things as they go
forward. And so, I hope in the future, descendants of all the nonIndigenous peoples who have come from everywhere else in the world
will be able to say we learned about what happened in Canada in theearly 2000s and we did something about it. We tried our best, first andforemost, to come to know each other in this country instead ofcontinuing to live as neighbours who are strangers to each other and to
uphold human rights in our country for all people.

Survivor, Winnipeg Focus Groupto ensure that events taking place are

Many communities were isolated andadvertised well in advance, in modalities

technology was not available for a lot ofthat will reach even remote communities.

people, which lead to people having no

Where Survivors managed to retain theiraccessibility to the compensation. One

Indigenous languages, services in theselanguages should be provided in processes
such as those related to the IRSSA. Being

underscored the importance of people
incarcerated having access to such

Commissioner Marie Wilson

careful in translating communications

processes.133

and having people available to explain
concepts was also advised.131

4. Ongoing Monitoring, Evaluation
and Accountability

It was specifically recommended that a

Some Survivors felt that more should

It was noted that for future processes,

review and audit of the IAP be undertaken

have been done to ensure that public

an ongoing monitoring and evaluation

to determine whether funds were properly

communications would continue after

process should be in place from the outset.

spent and that the monitoring mechanism

the IRSSA processes were concluded. For

This could provide an avenue for ongoingestablished to resolve disputes was

example, this was the intention behind

feedback to be received from claimants,

overtaxed with other issues.

Honourary Witnesses.132

drawing attention early on to emergent

This highlights that while some Survivors

issues and providing timely information

came through the process in a positive

about strengths and weaknesses ofway, not everyone did. There is an

Settlement processes.

obligation to conduct a thorough review tocommunities do not have reliable (orIt was also recommended that

ensure that any practices that contributedany) high speed internet so receiving

accountability mechanisms, such as an

to Survivors’ negative experiences can beinformation, downloading information, oroversight mechanism, be established

remedied going forward and prevented infilling out online forms is not a realistic

within agreements to ensure that all

future processes.

expectation. Other means, such as radio,

parties meet their responsibilities andnewspaper, flyers, or fax should be used.

projected outcomes are achieved.135

Participants advised that communication
cannot be solely or even predominantlyinternet-based. Many remote Indigenous

63

participant, with an incarcerated son,

134

131
Anglican Church of Canada. (2019). One Step on a Journey: The Indian Residential Schools Settlement Agreement
and the Anglican Church of Canada – Lessons Learned. Page 16.
132
Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 12.
133
Memorial Register Focus Group.
134
Presbyterian Church in Canada. (2019). The Presbyterian Church in Canada and the Indian Residential Schools
Settlement Agreement – Lessons Learned Process. Page 13.
135
The United Church of Canada. (2018). Indian Residential Schools Settlement Agreement Lessons Learned Exercise
Summary of Discussion by the United Church of Canada, November 2018. Page 8.

64Lessons Learned: Survivors Perspectives

Lessons Learned: Survivors Perspective

IX
Conclusion
This report identifies several over-arching

through thoughtful design and delivery, as

themes that can be drawn from Survivors’

well as through ongoing monitoring andexperiences with the IRSSA process.

evaluation.

It is critical to structure future processes

Unfortunately, a Survivor-focused, trauma-

in a way that supports the overall goal of

informed approach was sadly lacking

redress. For the IRSSA process, the ultimate

in many elements of the IRSSA process.

goal was to stop the trauma experienced

However, some of the ways in which theby Survivors and their descendants and

IRSSA was found to be Survivor-focused

to create peaceful relations among all

and trauma-informed included having apeoples, breaking the cycle of colonization

truth-telling and forgiveness process set

between Indigenous peoples and non-up through the independent Truth andIndigenous Canadians. The vision was

Reconciliation Commission of Canada,

to move from intergenerational trauma

where people had an opportunity to be

to a path of truth, reconciliation andheard, to tell their truth and to reconcile

healing that would ultimately lead towith others. The Government of Canada didintergenerational wellness.

not direct nor influence the Commission’s

Achieving this goal requires a Survivor-

independent report, including the 94 Calls

focused, trauma-informed approach.
These processes are by nature difficult toimplement due to the subject matter of65

to Action. The fact that the TRC was a
result of the Survivors’ Settlement of thelargest class-action suit in Canada was aextreme trauma and inter-generational

positive element in this regard.

impacts. It is essential to institute any

Furthermore, there were many cultural

measures that can mitigate the negatives

elements to the design and delivery of66

Lessons Learned: Survivors Perspectives

the TRC – from the guidance received
by a cultural advisory committee and a
Survivors Circle, to the National Events
focused around the Seven Sacred
Teachings, to the provision of culturallycompetent health support workers for the
TRC hearings and national events, many ofwhom were Indigenous themselves.
Future processes can benefit fromthe lessons learned from the IRSSA
process, including the importance of
mandate-setting, providing training in
cultural sensitivity, applying Indigenous
methodologies, ensuring provision forextensive communication strategies andensuring ongoing monitoring, evaluation
and accountability processes are set
in place that will be Survivor-focusesand trauma-informed. The Truth andReconciliation Commission’s final report,
including its recommendations and theCalls to Action will be instructive in manyof these cases.

We acknowledge the financial support of the Governmentof Canada that provided funding to permit the community
engagement processes and formulation of this report to occur.

67

68

Lessons Learned
Survivor Perspectives