MAKING A CLAIM IN THE HURONIA, RIDEAU & SOUTWESTERN CLASS ACTIONS. March 31, 2014

Transcription

1 MAKING A CLAIM IN THE HURONIA, RIDEAU & SOUTWESTERN CLASS ACTIONS March 31,

2 Presented by Laurie Letheren, Staff Lawyer Mike Brito & Andrian Nakarikov, DLI Students ARCH DISABILITY LAW CENTRE Bloor St. E. Ste. 110 Toronto, Ontario M4W 3R5 Tel: or TTY: or Fax: or

3 Topics Covered in this Webinar Background and history of institutions for people labelled with intellectual and developmental disabilities Claims process Writing about abuse in Section B Filling in the Claim Form for someone else Ways to help 3

4 History of Institutions for People 4 with Intellectual Disabilities 1876: Ontario opened first residential institution for people labelled with intellectual and developmental disabilities. Initially called Orillia Asylum for Idiots, later became Huronia Regional Centre. Similar residential institutions were operated across the province, including Rideau in Smiths Falls and Southwestern near Chatham. By 2009: Southwestern, Rideau and Huronia all closed.

5 Who lived in these institutions? Institutions were intended to provide residential and other supports to individuals labelled with developmental and intellectual disabilities. Families were encouraged to leave their children at these institutions. By the time the last institutions closed in 2009, more than 50,000 children and adults had been residents in these Ontario institutions. Source: 5

6 Living Conditions in the Institutions Institutions were overcrowded and unsanitary. Residents were isolated from their families and communities Residents were neglected and abused. For more information, watch powerful CBC documentary on the conditions at Huronia: 6

7 Class Action Lawsuits 3 class action lawsuits against Ontario government brought by former residents Marie Slark, Pat Seth, David McKillop, Mary Ellen Fox and their litigation guardians. Koskie Minsky LLP is the law firm that represented the plaintiffs in these cases. All three actions have now settled. 7

8 l Settlement Agreements Huronia: $35 Million settlement fund Rideau: $20.6 Million settlement fund Southwestern: $12.1 Million settlement fund There is one claims process and similar but separate forms for each of the 3 institutions. 8

9 Settlement Funds that are not used for Compensation Up to $7.7 million could go to programs for people labeled with intellectual disabilities and their families Anything remaining after that will go back to the Crown 9

10 Settlement Agreements Apology to the former residents. Apology can be viewed at: g Compensation awards will not be taxed and no government claw backs, ODSP will not be affected Application process is paper based, former residents do not have to testify or appear in person Commemorative initiatives, including plaques, archiving of documents, maintenance of the Huronia graveyard, access to some of the institutions 10

11 Huronia Regional Centre A claim for compensation can be made by anyone who is alive and lived at Huronia between 1945 and 2009 A claim can also be made for anyone who lived at Huronia and died after April 21,

12 Rideau Regional Centre A claim for compensation can be made by anyone who is alive and lived at Rideau between Sept. 1, 1963 and March 31, A claim can also be made for anyone who lived at Rideau and died after September 24,

13 Southwestern Southwestern Regional Centre A claim for compensation can be made by anyone who is alive and lived at Southwestern between September 1, 1963 and October 31, A claim can also be made for anyone who lived at Rideau and died after Dec. 29,

14 Claims Southwestern Process 4 main documents: Cover letter Short form for posters and newspaper announcements Long form to explain the process Claim form to submit by August 5 14

15 Where to Get a Claim Form A package with these 4 documents will be mailed to people who lived in these institutions and have been identified. Those who have moved or changed their name may not receive this package in the mail. Call the claims office: TTY: Online: We will also post to ARCH s website 15

16 Claim Process: Decisions The claims office at Crawford and Company will read the Claim Form and decide if a person will get money and how much they will get. Claimants must cash their cheques within 6 months after the date of the cheque. Failure to do so will forfeit their right to compensation. Claimants can ask the claims office to reconsider only if the claims office decides they get no money. Claimants must ask for reconsideration within 21 days of the date of the letter telling them they get no money. The amount of money cannot be reconsidered. 16

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19 Claim Form: Section A All claimants MUST complete section A to be eligible to receive compensation. Claimant or someone else must check a box stating that they were harmed or hurt when they lived at Huronia (or Rideau or Southwestern) or a place where Huronia put them Claimant or someone else must sign the form and make a solemn declaration that the information in the form is true. Completing section A will entitle claimants to receive up to $

20 Claim Form: Section B Allows claimants to write about specific incidences of harm or abuse they suffered Claimants who complete section B may get more money, up to a maximum of $42,0000. Claimants or someone else must sign the form and make a solemn declaration that the information in the form is true. 20

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23 Writing about abuse in Section B Settlement sets out 3 levels of abuse, each entitled to more money These levels are described in the points allocation system on page 20 of Huronia or page 21 of Rideau & Southwestern settlements and via Schedule A, #1 (g) and (h) definitions of serious physical injury and serious sexual assault 23

24 Claim Form: Section B The highest amounts of money are awarded to Level 3 physical and sexual abuse. These are listed at the end of Section B. To claim for these kinds of abuse, claimants or someone else must sign the form and swear an oath or affirmation in front of a commissioner, Notary or lawyer Any medical or treatment records must be submitted with the Claim Form 24

25 25 Level 3 physical abuse

26 26 Level 3 sexual abuse

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28 Supporting Former Residents Former residents should be given every opportunity to participate in the Claims process Former residents must be provided with appropriate disability accommodations to support them to participate 28 to Participate in the Claims Process Examples of accommodations: explaining the Claims Form in clear language, allowing as much time as the person needs, helping the person to write a draft before filling in the Claim Form, etc.

29 Claim Form can be filled in by the claimant themselves, or someone else who is helping them. Settlement says: if a former resident cannot complete the Claim Form then a personal representative or family member can do so personal representative is not defined in the settlement Personal representatives may be friends, family members, support workers, lawyers, etc. We have used support person in the documents. 29 Filling in the Form for Someone Else

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31 Former Resident makes Solemn Declaration/ Swears Oath or Affirmation If former resident fills in the form by themselves. If former resident cannot write, but tells support person what happened, and the support person fills in the form. Some former residents may need accommodations in order to understand the meaning of solemn declaration or oath or affirmation. Some former residents may not have a signature, but can make an X or mark 31

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34 Support Person makes Solemn Declaration/ Swears Oath or Affirmation If former resident cannot give any information about what happened to them, then a support person or a Substitute Decision Maker fills in the form based on his or her own knowledge We recommend that support person writes in the third person so that they can swear the oath (eg: My brother, Max, lived at Huronia ) If a Substitute Decision Maker fills in the form and signs the solemn declaration or oath, they should provide a copy of their legal authority to act as Substitute Decision Maker for the former resident 34

35 SDM makes Solemn Declaration/ Some former residents may have a Substitute Decision Maker for property, but still be able to fill in the Claim Form or tell a support person how to fill in the Claim Form. Former resident fills in Claim Form OR former resident and SDM fill form together SDM signs the Claim Form 35 Swears Oath or Affirmation

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38 Who can make a Claim for Estates Someone who has Died? Some estates may be able to claim depending on when the former resident died: Huronia: died after April 21, 2007 Rideau: died after September 24, 2008 Southwestern: died after December 29, 2008 Person who fills in the form must have authority to act on behalf of the class member or their estate in respect of financial affairs as per the Settlement, Schedule A, 7(b) 38

39 Getting Files from MCSS These records may provide important evidence about the person s residence and experiences. Send a letter to the Ministry of Community and Social Services, giving the person s name, contact information, stating that s/he is a former resident, and asking for the case file and any other information relating to the person s residence. No fee will be charged for requests of records related to the settlement. 39

40 Getting files from MCSS Letter should include a photocopy of both front and back sides of a piece of ID that shows your photo, such as: Health card Driver's licence Ontario photo card Passport Status card Canadian citizenship card If you do not have this kind of ID, you can still get your file. But first you must contact Cate Parker, FIPPA Coordinator for MCSS 40

41 Getting files from MCSS Cate Parker Freedom of Information and Protection of Privacy Act Coordinator Ministry of Community and Social Services PO Box 978, 77 Wellesley Street West Toronto ON M7A 1N A sample letter is available on the ARCH website or can use Freedom of Information request, available online 41

42 What Help Can You Provide? Outreach to community members and publicizing the claims process so that people apply before the August 5 deadline Helping people to get other supporting documents, such as their institutional files Friends and family may have their own knowledge of abuse or harm that a former resident suffered. Assist friends and family members to support former residents to complete the claim form or to help support people connect with ARCH or a legal clinic so they can provide their own affidavits, to support the former resident s claim Letting people know about settlement workshops and/or holding your own workshops Helping individuals to determine if they qualify as claimants Helping those who qualify to fill in the form 42

43 THANK YOU The information provided in these presentation materials are not intended to be legal advice. Consult a lawyer or legal worker if you need legal advice on a specific matter. The information in the presentation materials are current as of the date of the presentation. 43