ADR Process

Alternative Dispute Resolution - Background Information

In 1995 a number of survivors filed charges of physical and sexual abuse against Arthur Plint, former supervisor of Alberni Residential School and then followed up with civil litigation. Since then there have been over 12,000 cases filed for civil litigation and more waiting to see what the outcome will be. A working group was formed including, government representatives, church representatives and residential school survivors from across Canada to develop an alternative process to the courts.

In December 2002, the federal government announced an alternative process to the court would be available in the fall 2003, first to those survivors who are ill and/or elderly.

For physical and sexual abuse claims only.
Does not include claims for cultural or language loss.
You will be required to complete a 30 - 50 page application.
Your application will then be reviewed, accepted or denied.
If accepted you will then attend a hearing in front an adjudicator (Most likely a retired judge).
The judge will review your application and may ask questions. You will not be subject to cross-examination by lawyers as in a court process.
The adjudicator will determine if your claim is valid and the amount of compensation.
You may have an apology ceremony, where the church and government representative will offer a personal apology, in a ceremony you design.
Is intended to be less adversarial than court process.
Is intended to be quicker than the court process.
You will be required to sign a waiver prior to receiving compensation.

For those survivors who are interested in compensation for cultural or language loss this process does not address those issues. However, for those who are not comfortable with the court process and if you are of ill health or elderly, this may be an option that would best meet your needs.

Before you make a decision, learn as much as you can about each process to ensure you select the process that meets your needs.

Ottawa unveiled the official ADR package in November 2003. Government proposes this process will take between six and nine months for a claimant to complete, as opposed to the regular court system where claims have taken up to four years before the inside of a courtroom is ever seen.

Currently the federal government estimates it could take about 50 years to resolve all the outstanding claims before the court system. The ADR process is hoping to reduce that to seven years.