Apply for Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a voluntary process where survivors can seek compensation outside of court.  

The Government of Canada launched a formal ADR option for former students of Indian residential schools on November 6, 2003.

It is "designed as a humane approach to settling outstanding claims in a fair, timely and effective fashion." Ralph Goodale, Minister Responsible for Indian Residential Schools Resolution Canada www.irsr.gc.ca

This process does not settle claims for loss of language and culture or emotional trauma.  

This ADR process has funding for counselling, health and safety supports, and commemorations

• Counselling is available to First Nations and Inuit students through the Non-Insured Health Benefits Program, Aboriginal Healing Foundation, and healing funds set up by the churches.  Counselling can include mental health crisis counselling.

• Survivors can ask to have a counsellor, a spiritual or traditional healer, or other support persons at their ADR hearing.  If the hearing takes place away from the survivor's home area, the federal government will pay for the survivor and support persons.

• Commemoration allows survivors to embrace their past and to deal with their history and memories in ways which allow them to move forward.  It includes public acknowledgement of their experiences at the schools.  It can involve their Aboriginal community.  Activities could include such things as healing conferences, monuments, and reconciliation feasts.

Compensation

In the ADR process, compensation is paid to people who have validated claims.  It is equal to that which has been awarded in court cases.  

The trend of litigation to date suggests that there is a 70/30 split between the Government of Canada and the churches for sharing compensation awards.  The Anglican and Presbyterian Church are fully committed to the ADR process.

Applying for an alternative dispute resolution

Consider having your support person with you as you fill out the application.  You can apply online here at You can also call toll-free 1-800-816-7293 for an application form.

You need to choose whether your application is for Model A or for Model B.  

• Under Model A you must submit further documentation if you are accepted.  

• Under Model B you may choose to submit further documents if you are accepted.

Model A is for claims of:

• physical abuse resulting in physical injuries lasting more than six weeks and/or requiring hospitalization or serious medical treatment; and/or

• sexual abuse.

Model B is for claims of:

• physical abuse that did not result in physical injury lasting more than six weeks; and/or

• wrongful confinement.

Your application will be reviewed and either accepted or denied. If accepted you will then attend a hearing in front of an adjudicator-most likely a retired judge. Counselling and a help and information line are available throughout this process.

Click here for more information about the application.

The Adjudicator

If your claim is accepted, you attend a hearing in front of an adjudicator (most likely a retired judge).  

An adjudicator is selected by a committee of representatives of former students, other survivors' lawyers, the churches and the governments. Adjudicators have been given information about Aboriginal cultures, the residential schools system and about child abuse and its effects.

The Chief Adjudicator is the Honourable Ted Hughes of Victoria, British Columbia and all adjudicators report to and are guided by him.  

The Hearing Process

The hearing looks at the evidence for your claim of abuse.  The hearing is private and confidential out of respect for you.  You may bring a support person with you.  The ADR process will cover your reasonable costs.

The adjudicator will look at your application and may ask you questions.  You will not be cross-examined by lawyers.  

Under Model A you will have had to supply documentation to support your claim.  Witnesses may be called during the hearing.  

Claims need the same standard of proof as in civil court: on the balance of probabilities.

If there has been a criminal trial, then establishing the claim may be quite straightforward.  Some physical claims may be harder to establish based on the acceptable standard of discipline at the time of the abuse.  Each is decided on its particular circumstances.

To find out more about the process for alternative dispute resolutions, click here.

To find out more about health supports available, click here.

Result

If your claim is valid, the adjudicator will decide the amount of compensation by following the rules set out in the compensation framework.  

Model A: higher amounts of compensation are available and can include amounts for future care and loss of opportunity. The awards may range from $5000 up to $245,000.  

Model B: compensation up to the maximum of $3500.00 is available.  

• The amount for each claimant will be decided by the adjudicator based on established rules.  

• If the church that ran the school does not pay voluntarily, the claimant will receive 70% of the compensation from the government, leaving the claimant to pursue the church organization for the remainder.  

• The Catholic and United church have not fully committed to this ADR process.  The Anglican and Presbyterian churches have fully committed to pay their 30% share.

• If the claim is for compensation for abuse that occurred after April 1, 1969 then the government will pay 100% as the involvement of the churches decreased and eventually ended.

You will be asked to sign a release form which says that you have settled the physical or sexual abuse claim in this process. This does not stop you from making a later claim about loss of language and culture.  

For information about the release form, click here

You may design a ceremony at which a church and government representative will offer you a personal apology.  For more information, click here

For more information about compensation, click here.