News Release Archive
JUSTICE--COMPENSATION PACKAGE PUT FORWARD ----------------------------------------------------------------- Justice Minister Bill Gillis today outlined the package which sets out the parameters and the process to compensate victims of abuse in three provincially operated institutions. A Memorandum of Understanding to compensate victims of institutional abuse has been agreed upon by the Province and legal counsel representing approximately 350 victims. The minister has also agreed to issue a formal apology to the victims of abuse. "This is an extremely fair and generous package with a total budget of $33.3 million," said Dr. Gillis. "We are quite confident the vast majority of victims will accept the package we are offering, and begin the process of rebuilding their lives." The range of compensation varies depending on the degree of abuse, with 12 categories for compensation in total. For example, those who suffered both severe sexual and physical abuse will receive compensation ranging from $100,000 to $120,000. Those who have suffered severe physical abuse will receive up to $60,000. Those who have suffered minor physical abuse will receive up to $5,000. Money will also be provided for counselling, with more funds being provided to those who have suffered the most severe abuse. For those receiving social assistance, the compensation will not be deducted from their regular benefits. To ensure compensation goes to victims, the province has agreed to pay legal fees to victims' counsel. The province will pay legal fees at a maximum hourly rate of $175 for those with more than 10 years standing at the bar. For those with five to 10 years, a maximum hourly rate of $150 will be paid. Those with less than five years standing will be paid a maximum of $125 hourly. Legal fees plus disbursements will be paid (which includes such items as travel expenses). In addition, a maximum of ten hours will be payable to counsel to assist victims in filing claims for compensation. Lawyers have agreed to accept the payment from the province as full settlement of their accounts. They have agreed not to enforce contingency fee agreements. This ensures that legal fees are not deducted from the actual compensation award provided to victims. Claims for compensation will be settled through a summary process. Once an individual has filed a claim for compensation, the province must respond within 45 days, either by accepting, rejecting, or offering a compromise. If the claim is accepted, payment in full will be made within 20 days. If the claim is rejected, written reasons will be provided to the victim. If an agreement cannot be reached through a negotiation process, the victim may opt to continue negotiations or submit to a file review. A list of file reviewers, from which victims may choose, will be available for this purpose. The province will be required to submit its position to the file reviewer within 20 days. The victim has the option to appear before the reviewer without representation. If that is the option chosen, the victim is the only individual to appear. Should the individual victim wish to have legal counsel present, the province is also entitled to appear before the reviewer. The process also ensures that victims have access to any written statements they have given to FactsProbe Inc., or the Justice Department's internal investigation unit. Access to any of their personal medical, education, social work or probation files kept, or maintained by the institutions regarding the victim, will also be provided. The reviewer has 30 days to provide a decision, upon receipt of the provincial submission, or after the victim's appearance. The process has also established guidelines which outline the types and frequency of abuse indicative of a compensation category. They are designed to offer guidance in determining the appropriate category for compensation. Victims will have until Dec. 18, 1996 to file a compensation claim. "I want to formally, and publicly apologize for abuse suffered by persons in provincial institutions," said Dr. Gillis. "We have now accepted, and acknowledged, our moral responsibility. This is a fair package. It is one that respects the integrity of the victims who were in no way responsible for what happened to them. I hope this helps to reaffirm the essential worth and dignity of those who have suffered. In so doing, it is my sincere wish that the healing process can now truly begin." -30- NOTE TO EDITORS: Backgrounder available by calling 424-4492 or 1-800-670-4357. Contact: Michele McKinnon 902-424-6811 trp May 03, 1996 - 9:00 a.m.