Justice Department - KAUFMAN REPORT


	Kaufman Report

		Department of Justice

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==|| EXECUTIVE SUMMARY ||==

Acknowledgements
Time Line
Chapter I: Scope and Nature of the Review
1. THE MANDATE
2. "APPROPRIATE, FAIR AND REASONABLE"
3. LIMITATIONS OF MANDATE
4. USE OF TERMINOLOGY
5. PRIVACY ISSUES
6. LEGAL PRIVILEGE
7. EFFECTS OF ABUSE
8. THE PROCESS
9. FUNDING
10.STRUCTURE OF THE REPORT
Chapter II: Historical Overview
1. HISTORY OF RESIDENTIAL INSTITUTIONS IN NOVA SCOTIA
(a) Shelburne Youth Centre
(b) Nova Scotia School for Girls
(c) Nova Scotia Youth Training Centre
2. REPORTED ABUSE PRIOR TO 1994
(a) Policies
(b) Police Investigations
  (i) Shelburne School for Boys
  (ii) Nova Scotia School for Girls

Chapter III: Formulation of The Government Response
1. EVENTS LEADING TO THE GOVERNMENT RESPONSE
2. FORMULATION OF THE THREE-PRONGED RESPONSE
3. ANNOUNCEMENT OF THE GOVERNMENT RESPONSE
4. ANALYSIS
Chapter IV: The Samuels-Stewart Audit
1. THE AUDIT'S MANDATE
2. CONTENTS OF THE REPORT
(a) Introduction
(b) Process and Participation
(c) The Auditor's Findings
     (i) An understanding of abuse
     (ii) Whether young offenders currently in custody are protected from abuse
     (iii) Whether young offenders currently in custody are being abused
(d) Conclusions and Recommendations of the Report
3. THE ACCOMPANYING LETTER
4. GOVERNMENT RESPONSE TO AUDIT REPORT
5. THE OMBUDSMAN'S OFFICE
6. INTERVIEW WITH MS. SAMUELS-STEWART
7. ANALYSIS
Chapter V: The Stratton Report
1. INTRODUCTION
2. CONDUCT OF THE INVESTIGATION
3. SHELBURNE SCHOOL FOR BOYS
4. SYDNEY CHILDREN'S TRAINING CENTRE
5. NOVA SCOTIA SCHOOL FOR GIRLS
6. DARTMOUTH CHILDREN'S TRAINING CENTRE
7. NOVA SCOTIA YOUTH TRAINING CENTRE
8. THE LALO CASE
9. ANALYSIS
Chapter VI: The Origin of the Compensation Program
1. BACKGROUND
2. THE ANNOUNCEMENT OF JULY 20, 1995
3. ANALYSIS
4. NEGOTIATIONS
5. ANALYSIS
Chapter VII: The Memorandum of Understanding
1. INTRODUCTION
2. ELIGIBILITY
3 COMPENSATION CATEGORIES
4. PROCESS
5. FILE REVIEW
6. COUNSELLING AND OTHER BENEFITS
7. LEGAL FEES
8. ADDITIONAL PROVISIONS
9. ANALYSIS
Chapter VIII: The Commencement of Investigations
1. INTRODUCTION
2. FORMATION OF THE INTERNAL INVESTIGATIONS UNIT
3. OPERATION OF THE INTERNAL INVESTIGATIONS UNIT
4. ANALYSIS
Chapter IX: The Early Days
1. PREPARATIONS FOR THE MOU
2. THE EARLY OPERATION OF THE MOU
3. EVENTS LEADING TO THE SUSPENSION OF THE PROGRAM
4. AUDIT OF CLAIM FILES
5. ANALYSIS
Chapter X: Events During the Suspension
1. INTRODUCTION
2. REACTION TO THE SUSPENSION
3. DIFFICULTIES IDENTIFIED BY THE ASSESSORS
4. MEETING OF NOVEMBER 22, 1996
5. DUTY TO REPORT ABUSE
6. ANNOUNCEMENT OF THE RESUMPTION OF THE PROGRAM
7. ANALYSIS
Chapter XI: Resumption of the Program
1. INTRODUCTION
2. DEVELOPMENTS AFTER RESUMPTION
3. MEETING THE DEADLINE OF APRIL 18, 1997
4. THE COURT CHALLENGE
5. POLYGRAPHS
6. CLAIMANT INTERVIEWS, DISCLOSURE ISSUES AND MEDICAL RELEASES
7. CALLS FOR A PUBLIC INQUIRY
8. CONCERNS OVER FRAUD
9. FILE REVIEWS BEFORE THE GUIDELINES
10. NOVEMBER 6, 1997, GUIDELINES
11. AUDIT OF RANDOMLY SELECTED CLAIM FILES
12. ANALYSIS
Chapter XII: Completion of the Program
1. INTRODUCTION
2. STATUS OF THE PROGRAM AFTER THE GUIDELINES
3. POLYGRAPH EVIDENCE
4. IN-PERSON FILE REVIEWS
5. AUDIT OF RANDOMLY SELECTED CLAIM FILES
6. SNAPSHOT AS OF NOVEMBER 1, 2001
7. SURVEY OF THE FILE REVIEWERS
8. STATISTICS
9. COSTS
10. ANALYSIS
Chapter XIII: Impact of the Compensation Program
1.IMPACT ON CLAIMANTS
2. IMPACT ON EMPLOYEES
     (a) Dr. David Syer
     (b) Dr. John Keeler
     (c) The Employees and their Families
3. IMPACT OF MEDIA
4. ANALYSIS
Chapter XIV: The Memorandum of Agreement for Employees
1. 1994 - 1997
2. JANUARY 1997 - JULY 1998
3. THE MEMORANDUM OF AGREEMENT
4. IMPLEMENTATION OF THE MEMORANDUM OF AGREEMENT
5. ANALYSIS
Chapter XV: The IIU Report
1. INTRODUCTION
2. BACKGROUND AND MATERIALS REVIEWED
3. FINDINGS
     (a) Context of the Compensation Program
     (b) Absence of Contemporaneous Complaints
     (c) Problems with the Statements of Claimants
     (d) The Stratton Findings
     (e) Collusion
     (f) Absence of Supporting Medical Evidence
     (g) The Institutional Environment
     (h) Contradictory Evidence
4. THE REPORT'S CONCLUSION
5. ANALYSIS
Chapter XVI: Events Outside Nova Scotia
1. INTRODUCTION
2. ONTARIO - GRANDVIEW TRAINING SCHOOL FOR GIRLS
    (a) Details of the Compensation Package
         (i) General Benefits
         (ii) Group Benefits
         (iii) Individual Benefits
    (b) The Process
3. ONTARIO - ST. JOHN'S AND ST. JOSEPH'S TRAINING SCHOOLS
    (a) The Process
    (b) Details of the Compensation Package
4. ADDITIONAL OBSERVATIONS ON ONTARIO INSTITUTIONS
5. ONTARIO - GEORGE EPOCH
    (a) The Process
    (b) Details of the Compensation Package
6. NEW BRUNSWICK
    (a) The Process
    (b) Details of the Compensation Package
7. NEWFOUNDLAND
8. BRITISH COLUMBIA
    (a) The Process
    (b) Details of the Compensation Package
9. FEDERAL GOVERNMENT
    (a) Framework Agreement #1
    (b) Framework Agreement #2
10. ANALYSIS
Chapter XVII: Report of the Law Commission of Canada
1. INTRODUCTION
2. GENERAL OBSERVATIONS BY THE LAW COMMISSION
    (a) Why Abuse Occurred
    (b) Types of Abuse Suffered
3. THE APPROACH OF THE LAW COMMISSION
4. CRITERIA FOR ASSESSMENT OF REDRESS OPTIONS
5. PRINCIPLES APPLICABLE TO RESPONSES TO INSTITUTIONAL ABUSE
6. RESPONSES TO INSTITUTIONAL ABUSE
    (a) The Criminal Justice Process
    (b) Civil Actions
    (c) Public Inquiries
    (d) Ex Gratia Payments
    (e) Criminal Injuries Compensation Programs
7. REDRESS PROGRAMS
8. THE OPERATION OF REDRESS PROGRAMS
    (a) Input
    (b) Beneficiaries
    (c) Harms
    (d) Range of Benefits
    (e) Level of Benefits
    (f) Validation
    (g) Outreach
    (h) Duration
    (i) Administration
9. ASSESSING A REDRESS PROGRAM
    (a) Respect, Engagement and Informed Choice
    (b) Fact-finding
    (c) Accountability
    (d) Fairness
    (e) Acknowledgment, Apology and Reconciliation
    (f) Compensation, Counselling and Education
    (g) Needs of Families, Communities and Peoples
    (h) Prevention and Public Education
    (i) Conclusion
10. RESPONSE TO CRITICISMS OF REDRESS PROGRAMS
11. RECOMMENDATIONS
    (a) Recommendations Respecting Redress Programs
    (b) General Recommendations

Chapter XVIII: Recommendations and Conclusion
INTRODUCTION
GENERAL CONSIDERATIONS IN DESIGNING A GOVERNMENT RESPONSE
INITIAL RESPONSE TO REPORTS OF INSTITUTIONAL ABUSE
THE INTERIM STATUS OF ALLEGED ABUSERS
POLICIES RESPECTING INTERNAL INVESTIGATIONS
THE NATURE AND TIMING OF INTERNAL INVESTIGATIONS
PROTECTING RESIDENTS FROM ABUSE
AUDITS OF EXISTING POLICIES
TRADITIONAL LITIGATION AND OTHER ALTERNATIVES
    General Observations
    Avoidance of Speculative Myths, Stereotypes and Generalized Assumptions
    Credible Validation within Either Traditional Litigation or Redress Programs
THE MINIMUM REQUIREMENTS OF A CREDIBLE VALIDATION PROCESS
ACCOMMODATIONS WITHIN A CREDIBLE VALIDATION PROCESS
PRIOR VALIDATION OF ABUSE
LOWER VALIDATION REQUIREMENTS
    Once Abuse Has Been Validated
    Where Allegations Do Not Involve Criminality
    Where Counselling or Therapy is Sought
DETERMINING WHEN TO ADOPT A REDRESS PROGRAM
    Relevant Considerations
    Widespread or Systemic Abuse
         An evidentiary foundation
         Use of an independent investigation
         Public inquiries
         Police investigations
    The Status of Criminal Proceedings
    The Extent to which Current Employees are Allegedly Involved
    The Needs and Interests of True Victims of Abuse
    Fiscal Responsibility
    Balancing the Relevant Considerations
INVESTIGATIONS TO VALIDATE ABUSE FOR COMPENSATION PURPOSES
ACCOMMODATION WITHIN A LITIGATION FRAMEWORK
RANGE OF BENEFITS AVAILABLE TO REDRESS PROGRAMS
MONETARY COMPENSATION
    Compensation Grid
    Monetary Ceilings
    Periodic Payments v. Lump Sums
COUNSELLING
ADDITIONAL NON-MONETARY BENEFITS
ACKNOWLEDGMENTS AND APOLOGIES
BENEFICIARIES OF A REDRESS PROGRAM
CONDUCT ATTRACTING REDRESS
PROCESS ISSUES
    Informed Decisions
    The Formation of a Claimant Advocacy Group
    Consultation with Affected Groups
    Relinquishing the Right to Sue
    Dispute Resolution
    The Deadline for Filing a Claim
    Promoting Consistency in Fact finding
    Training for Those Conducting or Administering a Process
    Appellate Review
    Evaluation of the Government Response
Conclusion
Appendices

Index || Time Line ||Ch. 1 || Ch. 2 || Ch. 3 || Ch. 4 || Ch. 5 || Ch. 6 || Ch. 7 || Ch. 8 || Ch. 9 || Ch. 10
Ch. 11 || Ch. 12 || Ch. 13 || Ch. 14 || Ch. 15 || Ch. 16 || Ch. 17 || Recommendations || Conclusions
|| Appendices ||DOWNLOAD REPORT ||

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