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The Psychological Cost of Restitution: Supportive Intervention With Canadian Indian Residential School Survivors
The Psychological Cost of Restitution: Supportive Intervention With Canadian Indian Residential School Survivors
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Simon Fraser University
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To cite this article: Patrick J. Morrissette & Alanaise Goodwill (2013) The Psychological Cost of
Restitution: Supportive Intervention with Canadian Indian Residential School Survivors, Journal of
Aggression, Maltreatment & Trauma, 22:5, 541-558, DOI: 10.1080/10926771.2013.785459
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Journal of Aggression, Maltreatment & Trauma, 22:541–558, 2013
Copyright © Taylor & Francis Group, LLC
ISSN: 1092-6771 print/1545-083X online
DOI: 10.1080/10926771.2013.785459
PATRICK J. MORRISSETTE
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ALANAISE GOODWILL
Assistant Professor of Indigenous Health and Human Services, Brandon University,
Brandon, Manitoba, Canada
Canadian history was made on May 10, 2006 when legal counsel for the
survivors of the Canadian Indian residential school system, the Assembly
of First Nations, other Aboriginal groups, the churches involved in operat-
ing residential schools, and the Government of Canada approved the Indian
residential schools settlement agreement. The settlement has several com-
ponents, including the common experience payment (CEP) that provides
a one-time payment to former students who lived at one of the identified
Indian residential schools. This payment (also known as the “10 plus 3” for-
mula) provides former students with a payment of $10,000 for the first school
541
542 P. J. Morrissette and A. Goodwill
year (full or partial) at an eligible school and $3,000 for each additional
school year (full or partial). The agreement also includes an independent
assessment process (IAP) that allows former students who allege sexual,
physical, or psychological abuse to apply for additional compensation
(Indian Residential Schools Adjudication Secretariat [IRSAS], 2012).
The IAP is far from straightforward and holds salient psychological
implications for survivors and their significant others. This article explores
the individual and systemic implications associated with the IAP. Toward this
aim, we provide a brief historical overview of the Canadian Indian residential
school era, outline the financial compensation process, review implica-
tions associated with abuse disclosure, and discuss stages of supportive
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intervention.
From the outset, several points merit clarification. First, the word sur-
vivor is purposefully used to highlight resilience, resolve, and strength.
Second, the words experiences, truths, and truth-telling are favorable for
the purposes of this article because they do not question the validity and
accuracy of experiences as the word stories might. Third, financial compen-
sation can be negotiated and therefore, not every claim goes to a formal
hearing. Finally, detailed information regarding the IAP and the Indian resi-
dential schools settlement agreement is beyond the scope of this article and
can be found elsewhere (Royal Commission on Aboriginal Peoples, 1996).
2006). Of this population, more than 15,000 individuals have filed claims
against the Government of Canada for participating in the funding, estab-
lishment, and operation of Indian residential schools (Oshynko, 2006). Due
to the advancing age and precarious health conditions of many survivors,
the Government of Canada faces tremendous pressure to resolve claims
efficaciously.
Survivors can pursue two different avenues when seeking monetary com-
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pensation. First, there is the CEP, which provides money to former Indian
residential school residents (IRSAS, 2012). No proof of specific abuses is
necessary for the CEP. Second, the IAP was designed to resolve claims
of abuse involving residents “who suffered sexual abuse, serious physical
abuse, or certain other wrongful acts which caused serious psychological
consequences” (IRSAS, 2012, p. 2). Individuals who fall within this category
have the option of resolving a claim individually or as a part of an established
survivor group.
Survivors who pursue the IAP must agree to a formal hearing involving
an attorney representing the government of Canada and an assigned adju-
dicator. Survivors can request legal representation should they choose. The
purpose of the formal hearing is to assess claimant credibility and to ensure
that there is prima facie basis to support the claim. Survivors can request the
attendance of a family member, Elder, support worker, or therapist. A church
representative may be invited to offer a formal public apology. The duration
and process of a hearing is dependent on key factors, including a survivor’s
psychological and physical health needs and the quantity of information
shared. Stress and anxiety coupled with the actual hearing process can be
overwhelming and emotionally draining for survivors. Therefore, survivors
have input into the location of the hearing and adjudicator gender. Survivors
can also state their preference in terms of an opening to the hearing to
respect their traditions and to enhance their comfort level (e.g., smudge,
opening prayer). Survivors can give their testimony in their own language,
with the assistance of a translator. Finally, survivors can choose the method
of solemnizing their testimony, which can include an oath on the Bible, an
affirmation, or use of sacred objects such as an eagle feather.
Compensation
Acts proven points
Level of Compensation
harm Consequential harm points
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There are four distinct junctures where survivors must disclose their abuse
during the IAP. First, survivors must first document acts of abuse when com-
pleting the comprehensive application form. Although this process primarily
entails paperwork, survivors face the task of recalling, acknowledging, and
describing traumatic events. For some survivors, this process in itself is dis-
tressing and can trigger painful memories and flashbacks (Aboriginal Healing
Foundation, 2010). In some circumstances, offspring or a significant other
might be asked to assist in clarifying and preparing the aforementioned doc-
umentation. This commonly occurs when language translation, emotional
support, or both are required. For those assisting in this process, it might
be the first time they are privy to the graphic details of the survivor’s abuse.
As a result, survivors must deal with their own reactions and emotions as
well as those of others. In one particular situation, a daughter of a survivor
became emotionally distraught as her mother described her physical and
sexual victimization. The daughter was aware that her mother attended a
residential school but was unacquainted with the severity of abuse that her
mother endured. The daughter reported experiencing nightmares that were
associated with the traumatic events revealed during her mother’s disclo-
sure. Although traumatized by the disclosure, she persisted due to a sense
of loyalty and concern for her mother.
Second, some survivors might disclose and elaborate on their abusive
experiences with an attorney. At this juncture, experiences and the manner
and degree to which they transpired are carefully reviewed and clarified.
In the best interest of their clients, attorneys have the unenviable task of
inviting survivors to provide graphic details, retrieve information, and reveal
troubling aspects of their traumatic past. This process is crucial in preparing
survivors for the harsh reality of the formal settlement hearing and for a
fair settlement. Third, experiences are then shared with a support worker
or therapist to assess the need for support and clinical intervention. Finally,
Indian Residential Schools 547
the survivor’s abusive history is retold in the presence of strangers (e.g., the
adjudicator, attorney representing the government, church representative)
during the formal settlement hearing.
It is worth noting that while seeking clarification during the formal set-
tlement hearing, adjudicators have the latitude to probe deeply into a client’s
abusive and traumatic experience. Adjudicators are attorneys selected by an
oversight committee. Each adjudicator is trained to facilitate opportunities
for healing and reconciliation and is the only person who can ask ques-
tions during the formal proceeding (Schedule D of the Indian Residential
School Settlement, 2012). Although forewarned about the likelihood of such
probing, this process can be a startling and disturbing experience for sur-
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vivors and all involved. Throughout the various stages of disclosure, support
workers, therapists, or both are available to survivors.
Fender-Scarr, & Bromley, 2002; Seery, Silver, Holman, Ence, & Chu, 2008)
and there is the risk of clients experiencing further psychological distress
subsequent to their disclosure or the hearing process. Seery et al. (2008)
noted that people might be negatively impacted when they do not receive
the support they desire or expect from their support system following a
disclosure. O’Loughlin (2007) posited, “While we want to hope that trauma
victims will recover from trauma and experience integration this will not
be possible for all victims. The task of opening up the past may actu-
ally lead to re-victimization for some victims, despite our best intentions”
(p. 202). Ultimately, survivors enter into a cost–benefit analysis and care-
fully weigh the consequences of disclosing their abuse (Sinclair & Gold,
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1997). While deliberating their options, survivors anticipate family and com-
munity reactions as well as the potential impact a disclosure will have on
their own physical and psychological well-being. It should be emphasized
that survivors might have to wait several months before a formal hearing
is scheduled. Consequently, they are left to contend with memories of their
trauma, the implications of their disclosure, and the anxiety surrounding their
impending hearing. Providing support and intervention to survivors during
this waiting period becomes critical.
integrity and moral goodness. Of course, shame and guilt can coexist and
will depend on the abusive experiences endured by a survivor. Moreover,
traumatized individuals might want to avoid exposure or confrontation with
memories and feelings that contribute to a sense of shame and humiliation
(Morrissette, 1994; Wilson et al., 2006). Garnefski and Arends (1998) reported
that the experience of sexual abuse affects boys more than girls in terms of
alcohol and drug use, and aggressive or criminal behavior, truancy, and
suicidal ideation and behavior. The latter is consequential when consider-
ing that although the process of disclosing and describing sexual abuse can
be difficult for both males and females (Hebert, Tourigny, Cyr, McDuff, &
Joly, 2009; Lab & Moore, 2005; Sorsoli, Kia-Keating, & Grossman, 2008), the
process affects males differently (Chan, 2010; Tsui, Cheung, & Leung, 2010).
Two specific forms of guilt that survivors report pertain to survivor guilt
and bystander guilt. In terms of the former, survivors ask the fundamental
question, “Why did I survive?” Survivors who experience this form of guilt
struggle with relief at being spared while others perished. Survivors who
experience bystander guilt express remorse and self-condemnation for failing
to help other victims during or after their trauma. Janson, Carney, Hazler, and
Oh (2009) remarked on the extant research and stated, “witnessing low-level
repetitive abuse may affect bystanders and direct victims in similar physio-
logical and psychological ways that can stay with them for years to come”
(p. 319). Experiencing both forms of guilt simultaneously is not uncommon
for survivors. The prominence of culture in relationship to the constructs
of shame and guilt is critical when working with survivors (Morrissette,
2008). Despite the circumstances they endured, there are survivors who feel
that they failed to maintain culturally defined values. Consequently, these
individuals might turn inward and remain haunted by shame, guilt, or both.
STAGES OF INTERVENTION
EMPATHIC LISTENING
by moment, space opens up and new awareness can ensue. Mindfulness can
assist therapists in remaining sensitive to client distress and aware of what is
being said and conveyed by clients.
SYSTEMIC IMPLICATIONS
STEREOTYPING
Stereotyping First Nations and Aboriginal peoples as a homogeneous group
whose members adhere to traditions and beliefs must be avoided and the
diversity among First Nations and Aboriginal culture needs to be recognized
(Choney, Berryhill-Paapke, & Robbins, 1995; Thomason, 1991; Trimble &
Medicine, 1993). Nuttgens and Campbell (2010) reported, “It is helpful to
552 P. J. Morrissette and A. Goodwill
keep in mind that there are 49 distinct Amerindian cultures, not includ-
ing other First Nations people such as Metis, Dene, and Inuit” (p. 120).
Multicultural counseling competence includes a cultural awareness of self as
the therapist, of the client(s), as well as a culture-centered working alliance
(Collins & Arthur, 2010). These domains are central to the building of an
effective working alliance, engaging in the process of cultural inquiry, and
assessing the role of personal cultural identity in the clients’ presenting con-
cerns and experiences while also recognizing individual attitudes and beliefs.
The various ways that different cultures respond to human problems and
cultural trauma has also been recognized (Salzman, 2001).
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ETHICAL CONSIDERATIONS
CONCLUSION
particularly salient for non–First Nations and Aboriginal therapists who might
represent an oppressive culture.
For some survivors, formal hearings provide an opportunity to finally
reveal the truth, describe their experiences, and assist in the preven-
tion of future similar human tragedies and cultural trauma (O’Loughlin,
2007; Salzman, 2001). Further, revealing personal, historical, and cumula-
tive trauma can be instrumental in preventing the transmission of inter-
generational trauma and the risk of accompanying individual (Bombay,
Matheson, & Anisman, 2011; Corntassel, Chaw-win-is, & T’lakwadzi, 2009;
Yellow Horse Brave Heart, 2003) and social pathology (O’Loughlin, 2007).
Danieli (2009) spoke to the conspiracy of silence that can surround trauma
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and argued that that silence is profoundly destructive and can prevent a
constructive response from victims, their families, society, and a nation.
As discussed in this article, the disclosure of abuse can affect both vic-
tims and significant others and thus warrants ongoing assessment. In working
toward co-creating a safe and respectful therapeutic relationship, it is incum-
bent on therapists to pay particular attention to ethical practice and the
intervention process.
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