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Alternate Dispute Resolution

http://archives.anglican.ca/en/permalink/official8323
Date
2003 May 8-11
Source
Council of General Synod. Minutes
Record Type
Resolution 27-05-03
Date
2003 May 8-11
Source
Council of General Synod. Minutes
Record Type
Resolution 27-05-03
Mover
Dean Peter Elliott
Seconder
Mr. James Sweeny
Text
That the Council of General Synod urge the government of Canada, and specifically the Office of Indian Residential Schools Resolution, to take seriously the concerns raised by Aboriginal Peoples as it designs its alternative dispute resolution processes and the accompanying releases. CARRIED UNANIMOUSLY #27-05-03
Notes
The resolution and the fact that it was carried unanimously will be conveyed to Mario Dion (who has replaced Jack Stagg as Deputy Minister of the Office of Indian Residential Schools Resolution.)
Subjects
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Residential schools
Alternative Dispute Resolution (ADR)
Canada. Office of Indian Residential Schools Resolution
Less detail

Council receives six-year plan for church's work

http://archives.anglican.ca/en/permalink/official8301
Date
2003 November 10
Source
Anglican News Service
Record Type
Press release
Date
2003 November 10
Source
Anglican News Service
Record Type
Press release
Text
TORONTO, Ont. (Nov. 10, 2003)
The Anglican Church of Canada's chief governing council has received a new "framework" to guide the Church's work and mission for the next six years.
The Council of General Synod (CoGS), which governs the Church in years when General Synod does not meet, considered the framework and made several suggestions for revisions. A revised draft will be circulated to dioceses, church committees and boards by the end of the year.
The framework, which sets out several priorities for the church, would, if approved by General Synod next spring [28 May- 4 June 2004], replaces a 10-year strategic plan which was approved in 1995.
The priorities listed in the plan are:
- Deepening Anglican identity for mission and servanthood
- Nurturing and strengthening Christian communities for local witness
- Improving communications and story-telling
- Envisioning `The New Agape'
- Building Stewardship and financial capacity
- Strengthening partnerships in Canada
- Sustaining international partnerships
In other business, CoGS approved a balanced budget for 2004. The budget is a "hold-the-line" budget similar to last year's, but also takes into account that 2004 will be a year during which General Synod meets and during which a new Primate will be elected.
CoGS also passed a motion welcoming an Alternative Dispute Resolution process announced by the federal government last week, to handle claims by former students of native residential schools. The motion expressed appreciation for changes the government made to a release that claimants would be required to sign. The release proposed by the government will be forwarded to the Officers of General Synod for decision by the end of the year.
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For more information, please contact: Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; 416-540-3653 (Cell); scarriere@national.anglican.ca
Subjects
Anglican Church of Canada. Council of General Synod
Strategic planning - Anglican Church of Canada
Serving God's World, Strengthening the Church
Anglican Church of Canada - Finance
Budget - Anglican Church of Canada
Alternative Dispute Resolution (ADR)
Less detail

Federal appeal of B.C. residential school decision will prolong uncertainty for claimants, church says

http://archives.anglican.ca/en/permalink/official8375
Date
2004 February 9
Source
Anglican News Service
Record Type
Press release
Date
2004 February 9
Source
Anglican News Service
Record Type
Press release
Text
Feb. 9, 2004 -- TORONTO
The federal government's decision to appeal a British Columbia Court of Appeal ruling that found it completely liable for physical and sexual abuse at the Alberni Indian Residential School is disappointing because it will prolong the uncertainty for those seeking compensation, says Archdeacon Jim Boyles, general secretary of the Anglican Church of Canada's General Synod.
Many of the people seeking compensation for abuse while they attended the school are now elderly while others are unwell and the human approach to dealing with their claims would be to expedite them rather than seek further legal delays, Archdeacon Boyles noted.
These delays could also put at risk the government's own alternative dispute resolution process, Archdeacon Boyles said.
In a unanimous decision released in December [2003], the B.C. Court of Appeal allowed an appeal by the United Church against a previous judgment that assessed liability at 75 per cent against the government and 25 per cent against the church in a case of sexual abuse by a school employee. The B.C. Court of Appeal ruled that the federal court was wholly liable.
The government announced today that it would seek leave to appeal this decision to the Supreme Court of Canada.
In a statement, the federal minister for Indian Residential Schools Resolution and the Attorney General said the B.C. ruling needs to be clarified because it differs from principles on the vicarious liability of non-profit organizations for the abuse of children in their care as enunciated by the Supreme Court of Canada.
In deciding to appeal this ruling, the federal government has also said that until the case is resolved, the agreement it has with the Anglican Church where the government pays 70 per cent of compensation and the church pays 30 per cent, will continue.
The Anglican General Synod and each of the church's 30 dioceses are currently involved in raising money for a $25-million Settlement Fund created by the agreement between the church and the federal government. This fundraising will continue.
Archdeacon Boyles stressed in his statement that the church's legal and moral commitment to the Settlement Fund remains despite anything the courts might do. The church's five-year commitment to raising $25 million for the settlement fund is intact, he said.
As of the end of last year, more than $8-million had been raised and $2.2 million paid to people with proven claims of abuse at residential schools.
- 30 -
For more information, please contact: Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; scarriere@national.anglican.ca or Jim Boyles, general secretary of general synod, 416-924-9199 ext. 280; jboyles@national.anglican.ca
Subjects
Anglican Church of Canada - Residential schools
Anglican Church of Canada - Trials, litigation, etc.
Vicarious responsibility - Canada
Liability (Law) - Canada
Settlement Agreement
Alternative Dispute Resolution (ADR)
Anglican Church of Canada - Finance
Anglican Church of Canada. Settlement Fund
Less detail

Financial Management and Development Committee 007-05-99-11: c) Budget 2000

http://archives.anglican.ca/en/permalink/official7320
Date
1999 November 12-14
Source
Council of General Synod. Minutes
Record Type
Resolution 06-99-11

Message to Government #044-20-03-11

http://archives.anglican.ca/en/permalink/official8393
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 13-11-03
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 13-11-03
Mover
Chancellor Ronald Stevenson
Seconder
Archdeacon James Cowan
Prologue
Moved by: Chancellor Robert Falby
Seconded by: Dean Peter Elliott
1. That the General Secretary send the following message to the Federal Government:
The Council of General Synod welcomes the action of the Government of Canada in introducing an ADR process for resolving claims for physical and sexual abuse by former students of Indian Residential Schools, and in particular expresses its appreciation for the changed requirements for signing releases, as requested by aboriginal groups, and advises the government that the General Synod will continue to consult as to its response to the government's initiative.
2. That the Council of General Synod refer the government's proposal regarding the signing of a partial release to the Officers of General Synod for decision after consultation with the co-chairs of ACIP and their Advisory Group, and the Plan B task force and Negotiating Team; and that the Council urge the Officers to reach a decision by December 31, 2003.
POINT OF PRIVILEGE
Mr. James Sweeny rose on a point of privilege. As this motion came in after the deadline for resolutions, a suspension of the Rules of Order is required.
Suspension of the Rules of Order
Text
That the Rules of Order be suspended.
Mr. Sweeny rose on a point of order noting that it was necessary for the Order of Bishops to vote separately. The Chancellor concurred and the vote was taken. It was:
CARRIED BY THE ORDER OF BISHOPS
CARRIED BY THE ORDERS OF CLERGY AND LAITY #13-11-03
Notes
The mover and seconder agreed to separate the two parts of the motion and Council agreed to deal with them individually.
Subjects
Alternative Dispute Resolution (ADR)
Indigenous peoples - Canada - Anglican Church of Canada
Indigenous peoples - Canada - Government relations - 1951-
Anglican Church of Canada. Anglican Council of Indigenous Peoples
Anglican Church of Canada. Council of General Synod - Rules and practice
Less detail

Message to Government #044-20-03-11 : Motion One

http://archives.anglican.ca/en/permalink/official8394
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 14-11-03
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 14-11-03
Mover
Chancellor Robert Falby
Seconder
Dean Peter Elliott
Text
That the General Secretary send the following message to the Federal Government:
The Council of General Synod welcomes the action of the Government of Canada in introducing an ADR process for resolving claims for physical and sexual abuse by former students of Indian Residential Schools, and in particular expresses its appreciation for the changed requirements for signing releases, as requested by aboriginal groups, and advises the government that the General Synod will continue to consult as to its response to the government's initiative. CARRIED #14-11-03
Subjects
Alternative Dispute Resolution (ADR)
Indigenous peoples - Canada - Anglican Church of Canada
Indigenous peoples - Canada - Government relations - 1951-
Less detail

Message to Government #044-20-03-11 : Motion Two

http://archives.anglican.ca/en/permalink/official8395
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 15-11-03
Date
2003 November 7-9
Source
Council of General Synod Minutes
Record Type
Resolution 15-11-03
Mover
Chancellor Ronald Stevenson
Seconder
Mrs. Betty Livingston
Prologue
Moved by: Chancellor Robert Falby
Seconded by: Dean Peter Elliott
That the Council of General Synod refer the government's proposal regarding the signing of a partial release to the Officers of General Synod for decision after consultation with the co-chairs of ACIP and their Advisory Group, and the Plan B task force and Negotiating Team; and that the Council urge the Officers to reach a decision by December 31, 2003.
Amendment
Text
That the words "the co-chairs of ACIP and their Advisory Group" be replaced with "ACIP, through its Co-chairs Advisory Group".
Friendly Amendment
That the words "and with such others, as the officers deem appropriate" be added after "Negotiating Team".
Vote on the motion as amended which now reads:
That the Council of General Synod refer the government's proposal regarding the signing of a partial release to the Officers of General Synod for decision after consultation with ACIP through its Co-Chairs Advisory Group, and the Plan B task force and Negotiating Team, and with such others as the Officers deem appropriate; and that the Council urge the Officers to reach a decision by December 31, 2003. CARRIED #15-11-03
Subjects
Alternative Dispute Resolution (ADR)
Indigenous peoples - Canada - Anglican Church of Canada
Indigenous peoples - Canada - Government relations - 1951-
Anglican Church of Canada. Anglican Council of Indigenous Peoples
Less detail

Residential schools agreement stands despite Ontario court's ruling

http://archives.anglican.ca/en/permalink/official8838
Date
2004 December 10
Source
Anglican News Service
Record Type
Press release
Date
2004 December 10
Source
Anglican News Service
Record Type
Press release
Text
TORONTO, Dec. 10, 2004
An Ontario Court of Appeal decision to certify a class of plaintiffs in a lawsuit for abuse at a native residential school "does not change or threaten in any way" the agreement between the Anglican church and the federal government that caps the church's liability at $25 million, says Archdeacon Jim Boyles, General Secretary of the national church.
The decision by the Ontario Court of Appeal allowed lawsuits by former students at the Mohawk School in Brantford, Ont., to proceed as a class action. The former students are suing the Anglican diocese of Huron and the federal government.
In a letter sent to all Anglican bishops earlier this week, Mr. Boyles said that any future findings of liability against the church for the sexual or physical abuse of students at the schools would be shared between the church and the government under the terms of the 2003 agreement.
The agreement says that the church and the government would share in the payment of any awards on a 30/70 per cent basis.
It also requires the church to contribute $25 million over five years to a Settlement Fund out of which the church's share of court-ordered awards would be paid. Once the Settlement Fund is expended, the government will pay all awards.
Mr. Boyles also said that issues of liability for the loss of language and culture by residential schools students would be decided at a future date.
The full text of the General Secretary's letter to Canadian bishops follows:
"You will have read in the media that the Ontario Court of Appeal ruled last week on the Cloud case, which is an application for certification as a class under class action legislation in Ontario. Cloud and others attended the Mohawk School in Brantford, Ontario, in the Diocese of Huron. The court overruled the lower courts and certified the class, which, subject to further appeals, allows the case to proceed as a class action. In allowing the appeal the court redefined the common issues, with the result that the class action is now focused primarily on issues of physical and mental harm, with issues of loss of language and culture claims being much less significant.
The government may decide to seek leave to appeal this decision to the Supreme Court of Canada, which would delay the action for a further period.
Questions have been raised about the possible impact of this decision on the Settlement Agreement between the Federal Government and ourselves. I have consulted with our legal counsel for the General Synod and the Diocese of Huron. This court decision does not change or threaten in any way the March 2003 Settlement Agreement. Since the focus has shifted to claims of physical and sexual abuse, any court awards would be shared on a 70/30 basis between the government and the church, with the church portion being paid from the Settlement Fund. The maximum amount of payment remains at $25M. Once that amount has been paid out, the government is responsible for 100 % of all payments for physical and sexual abuse claims.
The issue of liability for loss of language and culture will be decided at a future date. Although some resolution of these claims may occur in the Cloud case, the issue exists in many other cases too. For example, it is an issue in another class proceeding filed in Ontario, called the Baxter case, where it is sought to certify a national class action on behalf of all students who attended all residential schools throughout Canada, and it is an issue in the test cases which are proceeding though [sic i.e. through] the process established in Alberta. The Settlement Fund does not cover such claims if liability is found. There are however, provisions in Section 6 of the Agreement that provide some protection for the church if liability for language and culture claims is imposed against the church. We continue to believe that such claims are not compensible, and that if they are found to be so, the government bears full responsibility.
We continue to believe that the ADR process as established by the government is an effective way to resolve claims. There are aspects of the process that could be improved, and we have joined with others in pointing these out to the government and in seeking changes.
Through these evolving legal developments we continue to hold high our primary goal as a church, to seek healing for those who have been harmed by their experience in the residential schools. Church representatives have attended a few ADR hearings, as requested by the claimants, not to defend but to offer support and express the church's profound regret that the residential schools system in which it was involved has caused so much damage in the aboriginal communities in Canada.
Archdeacon Jim Boyles
General Secretary"
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For more information, please contact: Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; scarriere@national.anglican.ca OR Archdeacon Jim Boyles, General Secretary of General Synod, 416-924-9199 ext. 280; jboyles@national.anglican.ca
Subjects
Anglican Church of Canada - Residential schools
Indigenous peoples - Canada - Residential schools
Class actions (Civil procedure) - Canada
Liability (Law) - Canada
Anglican Church of Canada - Finance
Anglican Church of Canada - Trials, litigation, etc.
Indigenous peoples - Canada - Anglican Church of Canada
Anglican Church of Canada. Settlement Fund
Settlement Agreement
Alternative Dispute Resolution (ADR)
Less detail

8 records – page 1 of 1.