Deal (on residential schools) is `good for all'.

On Nov. 20, the federal government and the Anglican church announced a historic agreement on residential schools. The Anglican Journal invited Archdeacon Jim Boyles, general secretary of General Synod and the chief negotiator with the government, to comment on the agreement.

THE AGREEMENT announced in mid-November between church representatives and the federal government represents the culmination of many months of intensive negotiations and also represents a new and creative opportunity for the church Although the agreement still requires the support of the 30 dioceses, it sets out a plan whereby the church can make a significant contribution to settlements and generally leave behind its entanglement in litigation. The church can once again focus on the future and on its primary calling to mission and ministry.

From the beginning the church has been guided by three goals. First and foremost is simply the seeking of justice, healing and reconciliation for those whose lives were damaged by attendance at residential schools. Since 1992 the General Synod's Healing and Reconciliation Fund has made more than $1 million in grants to aboriginal healing programs. The arrival of hundreds of lawsuits in the late '90s raised new questions for the church but the goal remained constant: justice, healing and reconciliation.

The agreement means that as much as $25 million will actually reach former students of residential schools who have validated claims of physical and sexual abuse. To date most of General Synod's expenditures have gone to litigation costs. Less than 2 per cent has actually reached victims. An Anglican-operated Settlement Fund will be established and Anglican bodies -- the General Synod, dioceses, the Missionary Society -- are being asked to contribute the total amount over the next free years. As claims are validated, either in court or in alternative dispute resolution (ADR) processes, 30 per cent of judgments or awards will be paid from the fund. If any money remains after all claims have been processed, it will be returned to the contributing Anglican bodies. If all the fund is expended, the government will pay all remaining claims.

The agreement is good for indigenous peoples, for the church and for the government. It means that victims of abuse will be compensated. It means that their claims can now be expedited without long legal delays, particularly if the government can put in place a streamlined ADR process.

It means that the church will join aboriginal groups in pressing for a programmatic response to the issue of loss of language and culture. It means that the church has an opportunity to face its moral responsibility for its part in a system that was dehumanizing and cruel, and that in some cases provided a place where criminal abuse of children happened. It means that the church is freed from the burden of litigation and can now get on with its primary work of healing. For the government it opens the opportunity to resolve up to 2,200 claims (18 per cent of the 12,000 cases it faces) from former students of Anglican-associated schools.

Validation is an important element of this agreement. Each claim that is put forward must be validated as to its veracity, and if validated, assessed in terms of damage and compensation. Many claims are likely to be validated. There are at least nine convicted abusers who worked in Anglican-related schools over the years. There are allegations against many more staff which have yet to be proven. There are heart-rending stories of abuse and they must be taken seriously.

The agreement acknowledges that many of the lawsuits include claims for loss of culture and language, and abrogation of treaty rights, and it stresses the need for a programmatic response. If languages were lost, the best way to restore them is through teaching programs, nor through cash payments to individuals. Residential schools were only one part, albeit a significant one, in a system endorsed by most of society at the time, which sought to assimilate Indians. It is a sorrowful part of our history and it will take years to rectify. So both government and church support this approach, as does our Anglican Council of Indigenous Peoples.

The agreement provides for the General Synod and the government to continue to oppose these claims in court, although the bulk of legal costs will be borne by government. Both church and government lawyers agree that there is little chance that such claims will be upheld by the courts, if they were, lawyers believe the courts would favor restoration of language and culture through new programs by government rather than cash payments. If, however, such payments were ordered, there would be new negotiations between church and government. The dioceses would be shielded from such a judgment, and only the General Synod would be at risk.

There has been a national class action claim filed in Ontario. The government and the church, supported by its Indigenous Council, will continue to oppose the certification of such a class. We believe an ADR process will be a better route to fair and efficient resolution of claims. Again, the government will bear the major legal costs involved.

Since last January there have been 15 negotiating sessions. The Anglicans have been represented by Archbishop David Crawley of Kelowna, Bob Falby, chancellor of the diocese of Toronto, Archdeacon Larry Beardy of Manitoba and myself, with the support of lawyers John Page of Toronto, Peter Whitmore of Regina and Jerome Slavik of Edmonton. Rob Dickson, chair of the national financial management and development committee and the General Synod treasurer, Jim Cullen, have provided support on financial issues.

Any complex negotiation cannot result in one side achieving all its goals. In this case, Anglican negotiators believe that we have achieved a workable agreement that enables us to meet our moral obligations, ends costly litigation and frees us to get on with healing and reconciliation.

Each diocese is being asked to consider and support the agreement by signing agreements indicating willingness to contribute to the Settlement Fund and a desire to continue to support General Synod. General Synod will contribute an initial $3 million, and dioceses are asked to find $22 million over the next five years. It is suggested that each diocese contribute in proportion to its current contribution to General Synod. As of Dec 4, four dioceses had ratified the agreement: Keewatin (which is facing litigation), and Caledonia, Kootenay and Edmonton (which are not facing litigation). Several dioceses are calling special synods in January or February to discuss the agreement and reach a decision.

This is a significant moment in the history of our church. All Anglicans will be seeking to understand the moment and the opportunity.

My hope and expectation is that Anglicans will rise to the occasion, support the direction we are taking, continue and increase their donations to the church and assist it to move on to an even more effective ministry of reconciliation and healing with Canada's indigenous peoples. Our history calls us to this task. Our gospel challenges us as followers of Christ to seek the healing of those who are broken and of communities that suffer such brokenness.

How and when dioceses vote on ratification

           Algoma    regular synod Jan. 22-23, moved up from usual May
                     date to deal with agreement
           Arctic    finance committee meeting planned within a couple
                     of months
        Athabasca    diocesan executive council December or January
          Brandon    special executive meeting Jan. 22
 British Columbia    diocesan council meeting Dec. 12, possible special
                     synod late January
        Caledonia    ratified at executive committee meeting Dec. 6
          Calgary    may call special diocesan executive committee meeting
          Cariboo    diocesan executive committee may meet, approve
                     nominal contribution
     Central Nfld    diocesan executive meeting Dec. 12
Eastern Nfld/Lab.    diocesan council approved in principle, ways and
                     means committee established, council to vote again
                     in January
         Edmonton    executive council and finance committee ratified,
                     special diocesan informational meeting
                     (not format synod) Jan. 25
      Fredericton    to be discussed at emergency meeting of diocesan
                     council on Dec. 19, possible special synod late
                     January or early February
            Huron    diocesan executive meeting Dec. 6, possible synod
                     in January
         Keewatin    ratified at diocesan council meeting Nov. 28-30
         Kootenay    ratified at diocesan council meeting Nov. 30
         Montreal    special synod Jan. 11
         Moosonee    finance committee, executive council meetings planned
  New Westminster    special synod Jan. 18
          Niagara    special synod Jan. 18
  Nova Scotia/PEI    special synod Jan. 24-25
          Ontario    special synod Jan. 25
           Ottawa    special synod planned for early February
       Qu'Appelle    diocesan council to vote Jan. 25
           Quebec    special meeting of executive council after
                     mid-December
    Rupert's Land    diocesan council meets Dec. 17
     Saskatchewan    executive committee meeting Dec. 18
        Saskatoon    special synod Jan. 11
          Toronto    special synod Jan. 25
     Western Nfld    discussed at executive meeting in December, vote
                     at executive meeting Jan. 22

Yukon executive committee to meet in February