Guidelines for Lawyers Acting for Survivors of Aboriginal Residential Schools

WHEREAS survivors of Aboriginal residential schools are often vulnerable and in need of healing as well as legal assistance;

WHEREAS the identity of persons who attended Aboriginal residential schools is available without their consent;

WHEREAS survivors of Aboriginal residential schools wanting to seek compensation from the Government of Canada and the churches involved should have legal assistance which takes into account the potential impact on their well-being when they begin to address their abuse;

BE IT RESOLVED THAT:

1. The Canadian Bar Association urge each law society to adopt the following guidelines for recommended conduct for lawyers acting or seeking to act for survivors of Aboriginal residential schools, that recognizes their vulnerability and need for healing:

(a) Lawyers should not initiate communications with individual survivors of Aboriginal residential schools to solicit them as clients or inquire as to whether they were sexually assaulted;

(b) Lawyers should not accept retainers until they have met in person with the client, whenever reasonably possible;

(c) Lawyers should recognize that survivors had control taken from their lives when they were children and therefore, as clients, should be given as much control as possible over the direction of their case;

(d) Lawyers should recognize that survivors may be seriously damaged from their experience, which may be aggravated by having to relive their childhood abuse, and that healing may be a necessary component of any real settlement for these survivors. Lawyers should therefore be aware of available counselling resources for these clients to ensure that they have opportunities for healing prior to testifying;

(e) Lawyers should recognize that damage to the survivors of Aboriginal residential schools may well include cultural damages from being cut off from their own society, and should endeavour to understand their clients’ cultural roots;

(f) Lawyers should recognize that survivors are often at risk of suicide or violence towards others and should ensure appropriate instruction and training for their own employees, including available referrals in time of crisis;

2. This resolution be sent to each law society in Canada for implementation, as well as to the Assembly of First Nations, Congress of Aboriginal People, Inuit Tapiritsat of Canada and other National Aboriginal organizations for distribution to aboriginal peoples across Canada.

Certified true copy of a resolution carried as amended by the Council of the Canadian Bar Association at the Annual Meeting held in Halifax, NS, August 19-20, 2000.