Residential School Agreement FAQs

Clear, easily understood answers to the most frequently asked questions about the Residential School Agreement. Click the image to download PDF.

Peter Grant is Representative
Peter Grant of Peter Grant & Associates is the representative for Independent Counsel on the National Administration Committee ("NAC").   The National Residential Schools Survivors Society ("NRSSS") are referring specific problems with respect to elderly or disabled persons to Peter Grant who is forwarding them to the NAC for urgent action.

Peter Grant & Associates are proud to be part of the Independent Counsel Group who has adopted the CBA Guidelines for how to address Residential School Claims.   Those Guidelines are provided in the detailed report on Indian Residential Schools.

CBA Guidelines [PDF]

Case Comment/Insight

Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council The Supreme Court clarified the “triggers” for the duty to consult and affirmed that the duty arises when the Crown has actual or “constructive knowledge” where the Crown has reason to “reasonably suspect” that the lands have been traditionally occupied by an aboriginal community. Read the Case Commentary here [PDF]. More and Link to Decision here.

Wii'litswx Case Review Recognition as the basis for Reconciliation. Read the Case Review here [PDF].

Should We Take the Government to Court? The advantages, disadvantages & strategies of using litigation when considering whether to take a government to court on decisions potentially affecting aboriginal and treaty rights. Read the Speaking Notes[PDF]

Open Net Cage Aquaculture on Traditional Territory
In Blaney et al v. British Columbia (The Minister of Agriculture Food and Fisheries) et al. , 2005 BCSC 283, British Columbia Supreme Court Justice Powers applied the recent SCC decisions in Haida and Taku to rule that the Provincial Crown as represented by the Minister of Agriculture Food and Fisheries, had not met its duty to consult with the Xwémalhkwu First Nation (Homalco Indian Band) in his reasons for judgment handed down on March 2, 2005 Read the Case Comment [PDF]

Sacred Sites Under Threat
The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories, coupled with insatiable demands on lands, waters, and natural resources. Michael Ross, part of the Peter Grant legal team, has recently published a book to examine how the courts have responded.

First Nations Sacred Sites in Canada's Courts is published by UBC Press, and can be ordered here.

Announcements/News

Deadline Approaches for CEP Application under Indian Residential School Agreement

On September 19, 2011, the four-year time period for applications for Common Experience Payment (CEP) under the Indian Residential School Settlement Act will have expired. Any persons who believe they may be eligible for a claim from any Indian Residential School should file their claim prior to September 19, 2011.

Aboriginal Consultation and Accommodation in a Multi Project Setting

Presentation to the Western Canada Aboriginal Law Forum by Myron Barr.
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Peter Grant has Resolution passed at the CBA Annual Meeting in Dublin, Ireland

On August 15, 2009, Peter Grant of the law firm attended at the National Council of the Canadian Bar Association in Dublin, Ireland. On behalf of the National Aboriginal Law Section of the Canadian Bar Association he made the following Resolution which was passed in support of survivors of Indian residential schools. Read More…

April 27, 2009: Hagwilget Village Gets Justice After 50 Years

A small First Nation community in northern BC has made history for itself today. Read More

More News…