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Agreement allows Church to serve society, Anglican Primate says

http://archives.anglican.ca/en/permalink/official8235
Date
2002 December 18
Source
Anglican News Service
Record Type
Press release
Date
2002 December 18
Source
Anglican News Service
Record Type
Press release
Text
TORONTO (Dec. 18, 2002) -- An agreement between the Anglican Church and the federal government over liability for Indian Residential Schools will allow the church to continue to serve society and to forge new bonds with native people, the Anglican Primate says.
In a letter to church members posted on the Anglican Church of Canada's Web site, Archbishop Michael Peers says he is "profoundly encouraged" by the way Canadian Anglicans and Anglican dioceses have responded to the agreement.
Under the terms of the agreement, all 30 Anglican dioceses must ratify and agree to contribute $25 million to a settlement fund over a five-year period.
The agreement effectively ends the Anglican Church's involvement in costly litigation that was threatening the future of its national organization.
The text of Archbishop Peers' letter follows:
Dear Friends
The past few weeks have marked a watershed in the life of the Anglican Church of Canada. Beginning with the announcement of an agreement with the Government of Canada as to how validated claims of sexual and physical abuse in Indian Residential Schools would be apportioned, we are now in a period of discernment and decision together. In each diocese, a process is, or will be, in place to decide the diocesan response to our national responsibility.
Let me offer some background and interpretation for this time of discernment and decision in dioceses and congregations, and for your own reflection as an Anglican and a member of Christ's body.
From 1820 to 1969, the Anglican Church of Canada was involved in residential schools. In 1911, the first contracts were signed between the Government of Canada and a number of dioceses. In 1921, the Missionary Society of the Church in Canada began to assume those contracts. In the words of the Bishop of Keewatin [David Ashdown], a person with experience of the schools decades ago and a partner in dialogue with many former students, this was not a good system with a few bad people in it, but a deeply flawed system with many good people in it. In 1969 we abandoned participation in the schools, and began to forge a new relationship with aboriginal Canadians that would be rooted in justice, solidarity, and mutuality.
More than twenty years later, former students of the schools began to come forward, alleging abuse at the hands of those in authority in the schools. Those allegations have prompted our church to come to terms with two painful realities. First, our partnership with the government in seeking the assimilation of aboriginal Canadians was itself a profound error. Second, some within the schools used their power to take advantage of the vulnerability of children.
Rowan Williams, the Archbishop of Canterbury, defines "remorse" as the discovery that we do not control the telling of our stories -- that we play unflattering and sometimes destructive roles in the stories of others. In the stories of aboriginal Canadians, we hear that our actions were not noble and our impact was not life-saving.
Remorse is hard for us. We did not intend to collaborate in undermining the well being of children. We did not intend to foster a climate in which predators could assault the vulnerable. We did not intend to contribute to a rift between aboriginal and non-aboriginal Canadians. Yet we did all those things.
In 1969, we embraced another way of understanding and telling the story of our relationship with indigenous peoples. Together with them, we began to look for a better way. In the past decades, signs of that better way have begun to emerge. For example, the report of the Royal Commission on Aboriginal Peoples identifies a unique and vital contribution that the churches can make: "Of all the non-governmental institutions in Canadian society, religious institutions have perhaps the greatest potential to foster awareness and understanding between Aboriginal and non-Aboriginal people".
In November [2002], the Anglican Church of Canada and the Government of Canada reached an agreement on a settlement of validated claims of sexual and physical abuse in schools administered by the Anglican Church. We are asking each diocese to consider the proposed agreement, and to make a financial commitment to the settlement fund. The proposed settlement with the Government of Canada allows us to proceed with integrity along "a better way". We have not evaded our responsibility within the legal structures and systems that our nation has established to deal with such claims. We have acknowledged both our part in the damage that was done and the many good and generous people who -- in a deeply flawed arrangement -- acted humanely. We are involved in significant explorations with the indigenous constituencies of the Anglican Church of Canada as to how we can, together, live up to the potential identified in the Royal Commission on Aboriginal Peoples.
It was "our people" -- people who share with us a faith, and a tradition -- who suffered in the residential schools. In the Anglican Church of Canada, there are whole dioceses in which the majority of our members are aboriginal Canadians. As we continue the hard work of fashioning a church that brings us all together for mission, we can bear witness to the possibility of reconciliation in a nation in which the divide between aboriginal persons and communities and the dominant culture seems to widen with each passing year.
This settlement is not about "getting out" of anything. It is instead a way of getting more deeply into the healing and reconciliation by which we can both strengthen our own common life and extend that life into mission in our own society.
I am profoundly encouraged by the way in which dioceses and their members have begun to address the challenge before us. Several dioceses have already ratified the agreement, and the others have a clear process in mind for coming to a decision. At least four of the dioceses that have ratified the agreement had no formal relationship with any of the schools, and therefore no legal liability. That we recognize both a common "moral liability" and a common vocation to ministry and mission in our society, whether or not we are directly and legally affected by the schools issue, is surely one of the strengths of this Anglican Church of Canada.
In the months and years ahead, I believe we can use that strength to serve our society and all its members. Because we bear witness not only to the deep flaws of our past, but also to the deep need for healing and reconciliation in our present, we are poised to contribute to a crucial process of discernment for a Canadian society in search of a humane future. Because we are entering more deeply into the spirit of partnership between aboriginal and non-aboriginal persons and communities within our church, we are poised to contribute to the emergence of a similar sense of partnership within Canadian society as a whole.
For reasons of our common life, and for reasons of our common mission within Canadian society, I profoundly hope that we will all be able not only to support and contribute to this settlement, but also to celebrate the possibilities it opens up for us all.
Yours faithfully, Michael G. Peers Archbishop and Primate
- 30 -
Contact: Vianney (Sam) Carriere, Acting Director Communications, 416-924-9199 ext. 306, scarriere@national.anglican.ca OR Michael Thompson, Principal Secretary to the Primate, 416-924-9199 ext. 277, mthompson@national.anglican.ca; www.anglican.ca
Subjects
Anglican Church of Canada - Residential schools
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Finance
Anglican Church of Canada - Trials, litigation, etc.
Indigenous peoples - Canada - Anglican Church of Canada
Reconciliation - Religious aspects - Anglican Church of Canada
Healing - Religious aspects - Anglican Church of Canada
Settlement Agreement
Anglican Church of Canada. Settlement Fund
Less detail

All 30 Canadian Anglican dioceses approve residential schools agreement : Ratification now complete

http://archives.anglican.ca/en/permalink/official8237
Date
2003 February 10
Source
Anglican News Service
Record Type
Press release
Date
2003 February 10
Source
Anglican News Service
Record Type
Press release
Text
TORONTO (Feb. 10, 2003) -- The last of 30 dioceses of the Anglican Church of Canada have now ratified an agreement with the federal government which caps the church's liability in residential schools litigation at $25-million.
Completing a process that began last November [2002], the 30 dioceses have unanimously approved the agreement and unanimously agreed to contribute to the settlement fund it creates. Each diocese was required to sign on to the agreement before it could come into effect. At a series of special meetings and synods held since last December [2002] all agreed to do so, many without a dissenting vote.
The last dioceses to vote were Fredericton and Calgary this past weekend. Eastern Newfoundland and Labrador had earlier approved the agreement in principle and confirmed the decision this weekend. Because of time zones, Calgary's officially became the final ratification vote.
The Canadian Anglican Church has also announced the formation of a separate corporation, called the Anglican Church of Canada Resolution Corp., which will administer the settlement fund under the terms of the agreement.
Under the agreement, 30 per cent of compensation will be paid from the settlement fund to former residential schools students who have proven claims of sexual or physical abuse. The remaining 70 per cent will be paid by the federal government.
If compensation for these claims eventually exceeds $25-million, the federal government will pay the rest, and should awards fall short of the amount, the money will be returned to the dioceses.
Canadian dioceses made individual decisions on how they would find the money to contribute their share to the settlement fund.
In the diocese of Toronto, for instance, Archbishop Terry Finlay asked each Anglican to contribute $100 in order to raise $5-million. Athabasca in Alberta is selling an archdeacon's residence to raise $125,000. Other dioceses dipped into reserves or decided to mount capital campaigns to cover both contributions to the settlement fund and other local projects.
Diocese were asked to contribute to the settlement fund according to a formula similar to the one used to determine their contributions to the national church.
In total, Canadian dioceses were called on to contribute $22-million and that goal has been met. General Synod, the national embodiment of the church, will make up the remaining $3-million.
The agreement was intended to move litigation over residential schools out of the courts and into a form of alternate dispute resolution. The large number of lawsuits was taking a long time in the legal system and the process was costing vast amounts of money, to the point where the General Synod of the Anglican Church was facing bankruptcy.
The details of a process to keep claims out of the courts (alternative dispute resolution) have yet to be finalized. Archdeacon Jim Boyles, General Secretary of General Synod and the chief Anglican negotiator with the federal government, said at the time the agreement was announced on Nov. 20 [2002] that it would allow the church to use its resources to do what it does best -- minister to people who were harmed in the schools and work at healing and reconciliation -- rather than use them up in legal fees.
After this weekend's finalization of the ratification process, Archdeacon Boyles said that he was "very pleased with the way dioceses have responded so quickly and so positively to the agreement. It shows the strength of the Anglican family in Canada".
With the last of the ratification votes, the formal documents will now be sent to the dioceses for signing, Archdeacon Boyles explained. Once the documents have been signed by the dioceses, representatives of the Anglican Church and the Government of Canada will formally sign the official agreement.
A tentative date of March 11 [2003] has been set for the formal signing by Archbishop Michael Peers, the Anglican Primate, and federal Public Works Minister Ralph Goodale, in charge of residential schools resolution. The signing will likely take place at the Anglican national office in Toronto.
The Anglican church was involved, with the federal government, in operating 26 of 80 residential schools from the mid-19th century until the 1970s when the church ended its involvement. In 1993, Archbishop Peers formally apologized to native people for the church's involvement in the schools.
- 30 -
Contact: Vianney (Sam) Carriere, Acting Director Communications, 416-924-9199 ext. 306; scarriere@national.anglican.ca
Jim Boyles, General Secretary of General Synod, 416-924-9199 ext. 280; jboyles@national.anglican,ca
Subjects
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Residential schools
Anglican Church of Canada - Finance
Anglican Church of Canada - Dioceses
Anglican Church of Canada - Trials, litigation, etc.
Goodale, Ralph (Ralph Edward), 1949-
Peers, Michael G. (Michael Geoffrey), 1934-
Indigenous peoples - Canada - Anglican Church of Canada
Reconciliation - Religious aspects - Anglican Church of Canada
Healing - Religious aspects - Anglican Church of Canada
Settlement Agreement
Anglican Church of Canada. Settlement Fund
Less detail

Anglican church eyes B.C. schools judgement

http://archives.anglican.ca/en/permalink/article31097
Author
De Santis, Solange
Record Type
Journal Article
Journal
Anglican Journal
Date
2004 January
Author
De Santis, Solange
Record Type
Journal Article
Journal
Anglican Journal
Date
2004 January
Volume
130
Issue
1
Page
6
Notes
Although the BC Court of Appeal has ruled that the federal government is fully liable for abuse suffered by students in the residential schools, the Anglican Church still has a moral obligation to contribute to the settlements Jim Boyles says.
Subjects
Anglican Church of Canada - Residential schools
Indian residential schools - Canada - United Church of Canada
Anglican Church of Canada. Settlement Fund
Less detail

Anglican church, government, to sign residential schools agreement

http://archives.anglican.ca/en/permalink/official8238
Date
2003 March 5
Source
Anglican News Service
Record Type
Press release
Date
2003 March 5
Source
Anglican News Service
Record Type
Press release
Text
TORONTO (March 5, 2003) -- Representatives of the federal government and the Anglican Church of Canada will officially sign an agreement on residential schools lawsuits, reached last November, at the church's national office next Tuesday, March 11 [2003].
The agreement, announced in Ottawa on Nov. 20, establishes a Settlement Fund to which the church will contribute $25-million and which will be used to compensate former students of residential schools with proven claims of sexual or physical abuse.
It will be formally signed 9:30 a.m. Tuesday at the Anglican Church's national office at 600 Jarvis Street in Toronto. It comes into effect on March 15 [2003].
Before being signed, the agreement had to be ratified by each of the church's 30 dioceses. The dioceses also had to agree to commit a total of $22-million over the next five years to a settlement fund. General Synod, the Anglican Church's national organization, contributed $3-million.
The dioceses concluded the ratification process last month and the goal of $22-million in contributions was met, with most dioceses contributing a percentage of their budget similar to the amount given annually to General Synod. Although the agreement requires the dioceses to pay into the Settlement Fund in quarterly installments over the next five years, several dioceses have said they will pay the full amount immediately.
If compensation amounts to more than $25-million, the federal government will pay the rest. It is less, the extra money will be returned to the dioceses.
Signing on behalf of the church at Tuesday's ceremony will be Archbishop Michael Peers, the Anglican Primate, and federal Public Works Minister Ralph Goodale, whose portfolio includes responsibility for residential schools resolution.
Archdeacon Jim Boyles, General Secretary of General Synod and the chief Anglican negotiator during talks with the federal government, said the church wanted to have the signing at its national office so that General Synod staff who have worked under circumstances of extreme uncertainty for the past three years could attend and witness the signing.
Also attending the signing ceremony will be representatives of both the Anglican and government negotiating teams who worked for several years before an agreement was reached.
The Anglican Church was involved, with the federal government, in operating 26 residential schools from the mid-19th century until the 1970s. In 1993, Archbishop Peers formally apologized to native people for the church's involvement in the schools.
The Anglican Church was named in about 2,200 of more than 12,000 lawsuits launched against the federal government.
- 30 -
Contact: For more information, please contact Vianney (Sam) Carriere, Acting Director of Communications, 416-924-9199 ext. 306; 416-540-3653 (Cell); scarriere@national.anglican.ca OR
Archdeacon Jim Boyles, General Secretary of General Synod, 416-924-9199 ext. 280; jboyles@national.anglican.ca
Subjects
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Residential schools
Anglican Church of Canada - Finance
Anglican Church of Canada - Trials, litigation, etc.
Goodale, Ralph (Ralph Edward), 1949-
Peers, Michael G. (Michael Geoffrey), 1934-
Indigenous peoples - Canada - Anglican Church of Canada
Settlement Agreement
Anglican Church of Canada. Settlement Fund
Less detail

Anglican commitment to Settlement Fund not affected by B.C. court ruling

http://archives.anglican.ca/en/permalink/official8337
Date
2003 December 16
Source
Anglican News Service
Record Type
Press release
Date
2003 December 16
Source
Anglican News Service
Record Type
Press release
Text
TORONTO, Dec. 16, 2003 -- The Anglican Church of Canada's commitment to raising $25-million for a residential schools settlement fund has not changed, despite a British Columbia Court of Appeal ruling that the government is solely responsible for liability arising from abuse at the schools.
In a statement, Archdeacon Jim Boyles, General Secretary of the Anglican Church's General Synod, said the church will study all the implications of the judgement. He noted that the federal government has 60 days in which to decide if it will appeal the B.C. court decision to the Supreme Court of Canada.
He also stressed that throughout the residential schools' negotiations with the government, the chief goal of the Anglican church was to effect healing and reconciliation with former students of the schools who suffered physical and sexual abuse.
The has not changed either, he said.
In a unanimous judgement released last week, the B.C. Court of Appeal allowed an appeal by the United Church against a previous judgment that had assessed liability at 75 per cent against the government and 25 per cent against the church in a case of sexual abuse by a residential school employee.
In overturning that decision, the B.C. court ruled that "the church should not, in this case, have been held liable for the wrongdoings of (the employee) even if there is some merit to be found in the contention that it was, in some degree, his employer".
Archdeacon Boyles noted that the position taken by the courts is what the Anglican church had argued for several years before it reached an agreement with the federal government capping its liability at $25-million earlier this year. That agreement committed the Anglican General Synod and the church's 30 dioceses to collectively raise a $25-million settlement fund over the next five years. Money from this fund will be used to compensate former residential schools students with proven claims, but the government assumes responsibility for all claims after the $25-million fund has been expended. To date, Anglicans have generously contributed more than $7-million to the fund and $1.5 million has been paid to about 60 claimants.
Archdeacon Boyles noted, however, that there is a clause in the Anglican church's agreement that says if the government and another church negotiate terms more favourable to that church than those in the Anglican agreement, then the more favourable terms will apply to the Anglican church as well. He said he would seek further discussions with the government in this regard.
- 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
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Residential schools
United Church of Canada - Residential schools
Settlement Agreement
Anglican Church of Canada - Trials, litigation, etc.
Liability (Law) - Canada
Indigenous peoples - Canada - Anglican Church of Canada
Anglican Church of Canada. Settlement Fund
Less detail

Anglican General Synod committed to residential school settlement on moral and financial grounds

http://archives.anglican.ca/en/permalink/official8233
Date
2002 November 12
Source
Anglican News Service
Record Type
Press release
Date
2002 November 12
Source
Anglican News Service
Record Type
Press release
Text
TORONTO, Ont. -- 12 November 2002
General Synod of the Anglican Church of Canada will continue to work with the federal government on a proposal that addresses abuse claims stemming from the Indian residential school system. While a recent Alberta court decision dismissed lawsuits against General Synod relating to residential school abuse claims in Alberta, General Synod believes it is important to reach a settlement based on moral and financial reasons.
"Given the moral and financial considerations, we believe it is important that we continue to work with the government to negotiate a settlement to address residential school abuse claims," said Archdeacon Jim Boyles, General Secretary of General Synod.
"We believe a settlement will move us closer to more positive relations between the Church and Indigenous Peoples. Healing and reconciliation continue to be our primary goal and reaching a settlement with the government will help facilitate that," he said.
"As a Church, we have acknowledged our moral obligation regarding our involvement in the residential school system, and we believe it is important to act accordingly. We've said our primary goal in reaching a settlement with the government regarding liability stemming from abuse claims is to enable our work of healing and reconciliation with Aboriginal communities. This goal remains notwithstanding the Alberta Court decision.
We would like to find a way in which the Anglican bodies involved can make a legitimate contribution to settlements and continue to work towards healing and reconciliation with Aboriginal communities".
In addition to the moral obligation, General Synod is concerned that it still faces severe financial challenges as a result of legal costs given that the Alberta Court decision is likely to be appealed by the government and may not be applicable to claims in other provincial jurisdictions. On October 24 [2002], The Honourable Mr. Justice T.F. McMahon of the Court of Queen's Bench of Alberta dismissed all claims against General Synod based on the finding that it, at no time, had any responsibility or involvement in the management, operations, supervision or staffing of the Residential Schools in Alberta. While the decision did not dismiss claims against the Missionary Society of the Anglican Church of Canada, it did acknowledge that General Synod and the Missionary Society are distinct corporate entities, with neither body bearing liability for the other.
While General Synod welcomed the Alberta Court decision, its legal counsel cautioned that the federal government will likely appeal the decision, and a higher court could overturn the decision. Should higher courts continue to rule in General Synod's favour, General Synod will continue to face considerable legal costs as the matter works its way through the court system. As well, legal counsel has cautioned that the decision may not be considered relevant in other provincial jurisdictions where abuse claims have been filed.
"To date, General Synod has spent a considerable amount on legal costs relating to residential school abuse claims", said Boyles. "A settlement with the government means that funds would be directed to survivors of abuse whose claims have been vindicated, rather than being used up in litigation and for legal costs".
On October 24 [2002], representatives of General Synod presented a draft proposal, developed during nine months of negotiations between General Synod and government representatives, would need ratification by both the Federal Government and the Dioceses that form the Anglican Church of Canada. At present, details of the draft proposal are confidential.
- 30 -
Contact: Archdeacon Jim Boyles, Tel: 416-924-9199 ext. 280; FAX: 416-924-0211 E-mail: jboyles@national.anglican.ca
Subjects
Indigenous peoples - Canada - Residential schools
Anglican Church of Canada - Residential schools
Anglican Church of Canada - Finance
Anglican Church of Canada - Trials, litigation, etc.
Settlement Agreement
Anglican Church of Canada. Settlement Fund
Less detail

Bishops endorse revised accord

http://archives.anglican.ca/en/permalink/article33457
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2006 March
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2006 March
Volume
132
Issue
3
Page
7
Notes
As part of the revised accord with the government there will be the plan for a truth and reconciliation process that will be spread over five years to enable former students to tell their stories.
Subjects
Anglican Church of Canada - Residential schools
Anglican Church of Canada. House of Bishops
Johnson, Ellie (Eleanor), 1942-
Anglican Church of Canada - Dioceses
Anglican Church of Canada. Settlement Fund
Anglican Church of Canada. Healing and Reconciliation Fund
Reconciliation - Religious aspects - Anglican Church of Canada
Less detail

Budget 'leaves little room for contingency'

http://archives.anglican.ca/en/permalink/article31944
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2005 January
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2005 January
Volume
131
Issue
1
Page
1,11
Notes
Detailed description of the budget. The budget for the primate's office has been increased and Bishop Cowan has provided funds so that the primate's wife can accompany him on his travels.
Subjects
Anglican Church of Canada - Finance
Anglican Church of Canada. Council of General Synod
Blachford, Peter
Anglican Church of Canada. Settlement Fund
Anglican Church of Canada. Primate's Office
Cowan, James (James Arnold Jackson), 1951-
Hutchison, Lois
Less detail

Church eligible for better residential schools deal

http://archives.anglican.ca/en/permalink/article33227
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2006 January
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2006 January
Volume
132
Issue
1
Page
1,15
Notes
The Anglican Church of Canada is renegotiating the terms of the 2003 residential schools agreement with the federal government following an announcement 23 November 2005 of a new compensation package being offered to aboriginal Canadians who attended the residential schools.
Subjects
Anglican Church of Canada - Residential schools
Indian residential schools - Canada - Catholic Church
Johnson, Ellie (Eleanor), 1942-
Anglican Church of Canada. Settlement Fund
Less detail

Church receives $9.7 million refund

http://archives.anglican.ca/en/permalink/article35274
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2008 March
Author
Sison, Marites N.
Record Type
Journal Article
Journal
Anglican Journal
Date
2008 March
Volume
134
Issue
3
Page
1,10
Notes
Portions of the refund from the federal government will go to the Anglican Church's healing fund, to the dioceses that overpaid their share of the Settlement Fund and to General Synod.
Subjects
Anglican Church of Canada - Residential schools
Anglican Church of Canada - Finance
Johnson, Ellie (Eleanor), 1942-
Anglican Church of Canada. Healing and Reconciliation Fund
Canada. Truth and Reconciliation Commission
Anglican Church of Canada. Settlement Fund
Less detail

39 records – page 1 of 4.