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A Regina judge began the judicial review process Monday of what is being called the largest single class-action settlement in Canadian history, but it is not about money for one Indian residential school survivor.
"I would personally like to see closure on this issue -- an issue that has been ongoing for so long. I want some closure so I can move on with my life. My parents passed away waiting for closure to their residential school experience,'' said a Gordon First Nation's man who crowded into the hearing room with more than 100 other former students, family members, reporters and lawyers.
The proposed Indian residential schools settlement deal could cost the federal government $4 billion to $5 billion in administration and legal fees and compensation claim payouts. Churches will contribute $100 million toward those costs, Toronto lawyer Kirk Baert, a member of the national certification committee, told the court.
But the money the former Gordon Indian Residential School student said he expects to receive will be just enough to pay for his car loan.
"It's not much,'' he said, explaining having the Canadian government acknowledge what happened and hearing the heads of the churches admit that they played a part "in this genocide of my people,'' is more important than the money.
"I would like them to take away the stigma and the division between First Nations people and most non-First Nations people, who don't understand this process and think that we are only after the taxpayers' money and that we want another free ride. I don't want a free ride, all I want is closure to the horrible things that I was subjected to,'' he said, asking that he not be identified.
The proposed deal was reached in November between the federal government, the Assembly of First Nations, and lawyers for the churches and former students.
However, before any money can be paid out to the estimated 80,000 eligible residential school survivors -- currently there are 10,500 cases before the courts, the deal must be approved by Court of Queen's Bench Justice Dennis Ball, who said Monday he intended to reserve his decision, and the courts in eight other jurisdictions.
Ball is expected to hear about the pros and cons of the proposed deal over the next couple of days, including objections from Regina lawyer Tony Merchant, whose firm has handled thousands of residential school cases.
"The government has given the impression that on May 30, 2005, everything was concluded and that is just not reality. The courts have to consider whether changes should be made and what would be appropriate and that is why there are these lengthy hearings,'' Merchant said.
He signed off on the agreement-in-principle, but intends to object to the exclusion of Metis students who attended residential schools -- particularly Ile a la Crosse, and people who filed claims before May 30, 2005, and then died.
"We are still awaiting court judgments, but expect that it will be better for the victims to go through the new IAP (Independent Assessment Process) rather than the courts. A lot of money is available, the process is easier and it will be less troublesome for the victims and less dehumanizing,'' Merchant said.
"We think it is better for 99 out of 100 victims,'' he added, noting individuals dissatisfied with the settlement process can opt out of the process.
Under the proposed deal, $1.9 billion has been set aside for common experience payments to former students who lived at one of the schools. Payments will be $10,000 for the first school year, plus $3,000 for subsequent years.
Former residential students who were sexually, physically or psychologically abused can apply under IAP for additional compensation ranging from $5,000 to $275,000 each, and may be eligible for more money if they can show a loss of income.
The deal also includes $125 million for the aboriginal healing fund, $60 million for a truth and reconciliation process to document the history and legacy of government-run Indian residential schools, and $20 million for commemorative projects.
The most controversial issue in the settlement proposal, which has drawn the wrath of a number of former students, is the estimated $100 million set aside for legal fees -- Merchant Law Group could earn as much as $40 million under this deal.
But Ken Young, special advisor to the Assembly of First Nations, said the legal fee structure -- the equivalent of about three per cent of the total compensation package -- is not unreasonable.
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