Post by Okwes on May 16, 2007 10:18:11 GMT -5
INDIAN RESIDENTIAL SCHOOL SURVIVORS SOCIETY
Indian Residential School Survivors Society deplores Merchant Law Group
legal fee tactics-calls for speedy resolution to the Indian Residential
School Settlement Agreement approval process
(Squamish Nation Territory-February 2, 2007) The Indian Residential School
Survivors Society is calling for a speedy resolution to the Indian
Residential School Settlement Agreement approval process.
All of the judges in nine jurisdictions have granted approval of the
Settlement Agreement. Some of the judges raised issues which are being
addressed. It is still hoped that these will be resolved by March.
On January 15th, Canada appealed the Saskatchewan ruling as it pertains to
the legal fees being awarded to the Merchant Law Group (MLG). At issue is
the matter of verifying that legal fees are being paid for actual work done
on behalf of Residential School Survivors.
In its appeal, Canada is seeking to sever the issue of MLG's legal fees from
the rest of the agreement. It is hoped that this will allow the approval
process to proceed without undue delay. The IRSSS adds its voice to the
rising chorus calling for this issue to be severed from the settlement
agreement so that survivors can be compensated in a timely manner.
"We are concerned that the legal wrangling over this issue may delay the
approval process," stated Sharon Thira, Executive Director of the Indian
Residential School Survivors Society. "Survivors have been waiting long
enough. A year may not seem like much to a younger person but to grannies
and grampas, who are dying at an estimated rate of 4 per day, it's too
long."
"We agree that lawyers should be paid for work they have done," added Ms.
Thira, "however that work needs to be verified. It's only fair given that
Survivors' attendance is being rigorously verified before they receive
compensation.c
MLG claims to represent thousands of Survivors. Canada wants to verify the
actual number and the amount of work done before paying the estimated
$25-$40m in legal fees earmarked for MLG in the Settlement Agreement.
Ms. Thira went on to add, "It's deplorable! If MLG wants to be paid $25M
for legal fees, they should be expected to provide evidence about the work
that they have done for their Residential School clients."
Ms. Thira also noted that "an MLG representative recently stated to the
media that this appeal could hold the settlement up for a year or two. We
are concerned about this public pressure tactic being used by the Merchant
Law Group. Elders hear that and begin, once again, to despair. Our phones
are ringing off the hook with concerns from Survivors who are worried sick
about a delay. We understand that Canada is requesting that the appeal be
expedited and that the stay in proceedings be lifted. We will have a better
idea about time frames within the next few weeks."
"The potential outcome of this process is that Survivors-many of who are
elderly, may be held hostage by their lawyer. Rules of ethical conduct among
lawyers are clear-lawyers are to put the interests of their clients ahead of
their own. We call on the MLG to open their books and end this delay so that
everyone can be compensated as soon as possible," concluded Ms. Thira.
- 30 -
Media Contact:
Sharon Thira
Executive Director, IRSSS
Tel: (604) 925-4464
Cel: (778) 835-2013
The Indian Residential School Survivors Society is a non-profit agency that
has been providing support services to, and advocating on behalf of,
Residential School Survivors in BC since 1995.
Indian Residential School Survivors Society deplores Merchant Law Group
legal fee tactics-calls for speedy resolution to the Indian Residential
School Settlement Agreement approval process
(Squamish Nation Territory-February 2, 2007) The Indian Residential School
Survivors Society is calling for a speedy resolution to the Indian
Residential School Settlement Agreement approval process.
All of the judges in nine jurisdictions have granted approval of the
Settlement Agreement. Some of the judges raised issues which are being
addressed. It is still hoped that these will be resolved by March.
On January 15th, Canada appealed the Saskatchewan ruling as it pertains to
the legal fees being awarded to the Merchant Law Group (MLG). At issue is
the matter of verifying that legal fees are being paid for actual work done
on behalf of Residential School Survivors.
In its appeal, Canada is seeking to sever the issue of MLG's legal fees from
the rest of the agreement. It is hoped that this will allow the approval
process to proceed without undue delay. The IRSSS adds its voice to the
rising chorus calling for this issue to be severed from the settlement
agreement so that survivors can be compensated in a timely manner.
"We are concerned that the legal wrangling over this issue may delay the
approval process," stated Sharon Thira, Executive Director of the Indian
Residential School Survivors Society. "Survivors have been waiting long
enough. A year may not seem like much to a younger person but to grannies
and grampas, who are dying at an estimated rate of 4 per day, it's too
long."
"We agree that lawyers should be paid for work they have done," added Ms.
Thira, "however that work needs to be verified. It's only fair given that
Survivors' attendance is being rigorously verified before they receive
compensation.c
MLG claims to represent thousands of Survivors. Canada wants to verify the
actual number and the amount of work done before paying the estimated
$25-$40m in legal fees earmarked for MLG in the Settlement Agreement.
Ms. Thira went on to add, "It's deplorable! If MLG wants to be paid $25M
for legal fees, they should be expected to provide evidence about the work
that they have done for their Residential School clients."
Ms. Thira also noted that "an MLG representative recently stated to the
media that this appeal could hold the settlement up for a year or two. We
are concerned about this public pressure tactic being used by the Merchant
Law Group. Elders hear that and begin, once again, to despair. Our phones
are ringing off the hook with concerns from Survivors who are worried sick
about a delay. We understand that Canada is requesting that the appeal be
expedited and that the stay in proceedings be lifted. We will have a better
idea about time frames within the next few weeks."
"The potential outcome of this process is that Survivors-many of who are
elderly, may be held hostage by their lawyer. Rules of ethical conduct among
lawyers are clear-lawyers are to put the interests of their clients ahead of
their own. We call on the MLG to open their books and end this delay so that
everyone can be compensated as soon as possible," concluded Ms. Thira.
- 30 -
Media Contact:
Sharon Thira
Executive Director, IRSSS
Tel: (604) 925-4464
Cel: (778) 835-2013
The Indian Residential School Survivors Society is a non-profit agency that
has been providing support services to, and advocating on behalf of,
Residential School Survivors in BC since 1995.