News Release Archive

NEWS RELEASE (CNS908) -->> JUSTICE--COMPENSATION PROGRAM
MOVES AHEAD




JUSTICE--COMPENSATION PROGRAM MOVES AHEAD
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Justice Minister Jay Abbass today announced the compensation
process for victims of abuse at provincial institutions will move
forward, with a number of steps designed to improve the process.

The minister repeated his commitment that all those who were
abused will be compensated, and strongly endorsed the alternative
dispute resolution (ADR) process as the best method to provide
compensation.

"On Nov. 1 I put this process on hold to take stock of concerns
that had arisen during the first few months of the process, which 
included a significant increase in the number of claims and the
fact that we uncovered hundreds of files that were thought to
have been destroyed. We have found ways to move this process
ahead, while at the same time ensuring those who were abused
receive the compensation they deserve,"  Mr. Abbass said.

To address the sheer volume of claimants coming forward, the
province will increase staff resources. The minister said that as
the 45-day time limit for response to claims does not give the
province enough time to assess claims, the time limit will be
extended to 120 days, though every effort will be made to respond
to claims earlier if possible.

To further assist with this process, the internal investigation
unit (IIU) will expand its investigation from discipline of
current employees to investigation of compensation claims. The
necessary resources will be added to accomplish this task. The
increased resources will also allow staff to catalogue and input
all new information recently found relating to Shelburne, Mr.
Abbass said.

To ensure that the integrity of the criminal investigation is
preserved, a statement protocol will be developed among the RCMP,
IIU and Facts Probe Inc. (the independent investigation firm
hired to obtain statements from victims). All three organizations
will share information, and investigations will be coordinated,
to the fullest extent possible recognizing the independence of
police investigations, he said.

Victims will now be advised that all statements provided for the
purpose of compensation will be used for investigative purposes
(whether criminal or disciplinary) or the Child Abuse Registry.
"We understand it has been difficult for people to come forward,
and their wish for confidentiality, but we have a moral and legal
obligation to bring perpetrators of abuse to justice," Mr. Abbass
said.

The file review process was put in place to ensure claimants had
an opportunity to have their cases heard by an independent
person, who could then make a binding decision. To ensure the
file reviewers are provided with the best available evidence when
making decisions in future, claimants and the province may now
submit written, recorded or documentary evidence from anyone who
has evidence relevant to the claim.

"This allows victims to bring forward statements from witnesses,
and ensures the file reviewers have the most complete information
possible when making their decisions," Mr. Abbass said.

File reviewers will be provided on a rotating basis. All file
reviews will be conducted within Nova Scotia. Those living
outside the province may participate by telephone. For those
claimants who have already chosen the file review option, that
process will resume Feb. 1, 1997.

The minister said that levels of compensation provided remains
unchanged. Claimants will receive payments over time. For those
claimants with awards over $10,000, the compensation will be paid
over a four-year period. Claimants will receive the greater of
$10,000 or 20 per cent of their award in one lump sum payment,
with the remainder paid over time with interest. This allows the
province to better manage the payment process given the
significant amount of public money that's required Mr. Abbass
said.

The opportunity to use counselling allotments is not affected, he
said, and victims may access these funds immediately. Counselling
allotments will be available for a four year period.

Mr. Abbass said the government will continue to accept claims, or
notices of claim, until Dec. 18, 1996. As long as an individual
files a notice of claim by that date, he or she has six months to
file a completed compensation claim. To ensure government is
aware of the number of claimants coming forward, the settling of
claims will resume once the total number of claimants is known on 
Dec. 19, 1996. The government will then have 120 days to respond
to claims filed.

The minister said that the offers that had been put forward by
government, but had not yet been accepted prior to Nov. 1, 1996
will be open for immediate acceptance. Should an individual
choose to accept an offer, their first payment will begin
immediately, with the remainder paid over time. He said that
compensation will be provided only for abuse by employees, and
not for abuse of one resident by another.

"This government initiated this process. We want to see it
through. We took the necessary steps to address this problem in
the first place, and now we have done what it takes to make sure
it continues. I sincerely hope the claimants, and their lawyers,
will continue to be a part of this process," Mr. Abbass said.

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Contact: Michele McKinnon  902-424-6811

NOTE TO EDITORS: The Minister of Justice will be available for
interviews until noon at 5151 Terminal Road. Please contact
902-424-6811 to arrange an interview.

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                     BACKGROUND/STATISTICS
                      COMPENSATION PROCESS
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The province began receiving claims on June 17, 1996. Claims for
compensation, or notice of claims must be filed with the province
by Dec. 18, 1996. As long as a notice of claim is filed by Dec.
18, 1996 -- the individual has six months after giving notice in
which to file an actual claim for compensation.

The process was put on hold on Nov. 1, 1996 by the Minister of
Justice to address a number of concerns that had been raised
including unanticipated number of claimants, new information
recently found, and the need to coordinate investigations.

The province will resume assessing claims, for which no offer had
been made, on Dec. 19, 1996. The province has 120 days in which
to investigate and respond to a claim. All offers that had been
put forward by the province prior to Nov. 1, 1996 but had not yet
been accepted, will be open for immediate acceptance. Prior to
Nov. 1, 1996, the province had responded to 431 claimants, and
has now settled 278. The total cost of settled claims amounts to
$12.9 million (including counselling). The average offer
(including counselling) is $37,147. To date, 580 claims have been
filed with the province.

The file review process will resume on Feb. 1, 1997, beginning
with reviews that had been scheduled as of Nov. 1, 1996.

Levels of compensation do not change. Those receiving awards over
$10,000 will receive payments over a four year period. The
individual will receive the greater of $10,000 or 20 per cent of
his or her award in a lump sum payments, with the remainder paid
over time with interest. Counselling allotments can be accessed
at any time within the four year period.

To ensure integrity of criminal investigation is preserved, a
statement protocol will be developed among the RCMP, the internal
investigation unit (IIU) and Facts Probe Inc. Investigations will
be coordinated, where appropriate, information shared. All
statements provided for the purposes of compensation will be used
for investigative purposes. The IIU will also expand its
investigation to include not only discipline but also the
investigation of compensation claims.

The file review process now permits the submission of written,
recorded or documentary information from anyone who has evidence
relevant to the claim. This allows victims to bring forward
statements from witnesses, and ensures file reviewers have the
most complete information possible when making decisions.

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trp                    Dec. 06, 1996 - 10:30 a.m.