Residential abuse claim deadline nears
Sep 15, 2012 / 3:00 pm
Malcolm Dawson remembers August as a time of dread, a time when the soap couldn't wash the colour off his skin before he had to return to the Whitehorse Baptist Mission school.
"It was something like being in jail. I used to play hooky all the time because all I had in school was trouble. I used to wander around and hide in the alleys," Dawson, now 70, said in an interview.
"I was just a little guy and they'd tell me I was good for nothing and wouldn't be able to do anything."
Dawson also remembers scrubbing himself vigorously with soap and water as a kid.
"I was trying to wash the brown off me," he said.
But these memories are not enough for him to qualify for claims intended for former students who endured severe physical or sexual abuse.
The deadline for former students to submit an application for an abuse claim is Friday. More than 25,000 claims are expected to be granted across Canada.
All survivors that have proven they attended the schools were eligible for a payout of $10,000 for their first year of school and $3,000 for every year after.
But Dawson wasn't eligible for that money because he didn't board at the school. His family lived in town.
So Dawson is now seeking a claim through his only other option: the abuse claims intended for former students who endured severe physical or sexual abuse.
Dawson was four or five when he started going to the Whitehorse school. He remembers being "manhandled" and singled out for punishments, but he can't provide specifics.
Like other former students, he said his mind has blocked out the most traumatic memories.
The government-sanctioned residential schools were run by priests and nuns across Canada for over a century. Aboriginal children as young as four were taken from their families and forced into the schools.
Physical and sexual abuse was rampant, aggressive efforts at assimilation were routine.
"The example I always give is, 'If they almost broke your neck, or did break your neck and you went to the hospital for that, then you can submit a claim,'" said Joanne Henry, the executive director for the Committee on Abuse in Residential Schools, a Whitehorse drop-in centre for former students.
"It's a really hard process. It's all based on memory. It's all based on you telling your story and getting the specifics right. And you have kids that were four, five and six in residential school, some of them horribly, horribly abused, and I think, anyone can look back to when they were four, five and six and ask themselves: how much do they remember from that time?
"The government is not looking for 100 ways to pay you. They're looking for one way not to. Even though you go and do all the paperwork, I've heard of people who have put in claims where there was sexual abuse and they've been denied based on little, little things."
Dawson has been told he doesn't have enough evidence to prove his abuse claim.
"This has nothing to do with not believing you," his lawyer, Laura Cabott, wrote in an August letter, explaining she would not be able to represent him for his claim.
"What you have been able to tell me, in my legal opinion, does not qualify you for compensation."
Cabott has been representing former students for the past 14 years.
"This process is not perfect and it certainly doesn't capture people that still struggle to get their memory back or to remember these things or to provide sufficient detail," said Cabott.
But the process is a lot better than a normal civil or criminal court case, she said.
Claimants aren't interrogated. Instead, they simply tell their story, alone in a room with an adjudicator, said Daniel Ish, the chief adjudicator of the Indian Residential Schools Adjudication Secretariat, a collection of independent lawyers and judges who are hearing the abuse claims.
So long as their story is coherent, not far-fetched and consistent with the schools' records, chances are the claim will go through, he said.
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