How Huronia Insurance Agencies Can Help You Make A Claim For Compensation

Transcription

1 425 Bloor Street East, Suite 110 Toronto, Ontario M4W 3R4 (416) (Main) 1 (866) 482-ARCH (2724) (Toll Free) (416) (TTY) 1 (866) 482-ARCT (2728) (Toll Free) (416) (FAX) 1 (866) 881-ARCF (2723) (Toll Free) INSIDE THIS ISSUE ARCH Alert December 20, 2013 Information about the Huronia Class Action Settlement 01 What can you do if you lived at Huronia between 1945 and 2009? 03 How are Organizations Supporting People who May Want to Make a Claim 06 for Compensation? How ARCH can help people who are going to make claims in the Huronia 08 settlement ARCH s office will be closed during the holidays 09 Information about the Huronia Class Action Settlement By Laurie Letheren, Staff Lawyer In the October 2013 edition of ARCH Alert we wrote about the settlement that had been reached between a group of people who lived in Huronia Regional Centre and the Ontario Government. This case was about the abuse and mistreatment that people experienced when they lived in Huronia Regional Centre. To read about this settlement agreement click Summary of Key Settlement Terms or copy and paste In the October 2013 article, we informed readers that before the settlement could become final, a judge had to agree that the settlement was fair and reasonable for the members of the class of former residents who brought this case against the Ontario government. On December 3, 2013 International Day of Persons with Disabilities, many former Huronia residents and their supporters packed a courtroom and the hallways outside the courtroom. At the end of the day, Justice Conway accepted the settlement. Justice Conway heard from a number of people before making this decision. Kurt Baert, the lawyer for the lead claimants Marie Slark and Patricia Seth, emphasized that for the claimants the most important part of the settlement was the apology that the government agreed to make to all former Huronia residents. Premier Wynne delivered the apology on December 9, You can read the full text of the apology by clicking here Marie Slark and Patricia Seth also had a chance to speak to Justice Conway. When they were speaking to her they said, We hope the class action is approved. Finally we have a

2 voice. The court is now listening and we thank the lawyers for that. People will need help to tell their stories. We are asking the court to make it work for everyone. Mr. Baert also explained why they believed a settlement of the case was better than going through a full trial. He said that a trial would have no guarantee of success whereas the settlement was clear and guaranteed. He explained that a trial could take many years and then if the claimants were successful, each of the approximately 4000 former residents would have to tell a judge what happened to them at Huronia. The judge would then decide how much each person would receive as an award. Many of the experiences of the people who lived in Huronia are not recorded in documents and there are some people who lived there who could not testify. In a trial, the former residents would have to prove everything that they say happened. Those who may have been most vulnerable and most likely harmed might be those who would be least likely to testify. Hearing the evidence of every former resident could take many years and Mr. Baert told Justice Conway that about 100 former residents have died each year in the past several years. Mr. Baert explained that in the settlement they tried to make sure it would be easy for the former residents to collect the money that will be owed to them. He said that they wanted to make the sure claimants would only have to fill in a form and that there was no point in designing process that people cannot use. In this case, people will fill in a form to tell their story and what they say on the form will be accepted unless the government has evidence to demonstrate that what is written on the form is not true. The process for making a claim is explained in the article, What can you do if you lived at Huronia between 1945 and 2009? The former residents who wanted to object to the settlement also spoke to Justice Conway. There were six objectors in the court. One person raised concerns about the amount of the lawyers fees. Another person objected to the fact that the claims were limited to only those people who resided at Huronia between 1945 and The person who raised this concern had left Huronia in 1942 and an exception was made to allow that person to be included. A number of other former residents took the opportunity to tell a little about their experiences at Huronia. For them, it was important for the judge to listen to them and be believed. 2

3 What can you do if you lived at Huronia between 1945 and 2009? By Robert Lattanzio, Staff Lawyer If you lived at the Huronia Regional Centre anytime between 1945 and 2009, you can ask for money from the settlement. If you want to do this, you will need to fill in a form called the Claim Form. The lawyers are still making the Claim Form. You cannot get it yet. When it is ready, ARCH will post it on the front page of the ARCH website under Latest ARCH News. Here is the link to ARCH s website: When the form is ready, you will only have four months to fill it in and send it to the office in charge of the settlement money. If you do not send it on time, you will not be able to get any money from the settlement. Check the ARCH website so that you can get the form as soon as it is ready, and to find out when you must send it in. You do not need to send the Claim Form right away, as long as you send it before the deadline. Take the time you need to remember and write what happened and to get any papers that help you. A person you trust can help you to fill in the form. You might remember painful things when you write this. You might become angry, sad, scared or upset. Take the time you need to write everything you want to say. Make sure you are in a safe place when you do this. It may help to ask someone you trust to stay with you. You won't get in trouble for telling what happened. You didn't do anything wrong. No one has the right to hurt or abuse you. You can do some things now to get ready: You can write down things that hurt you when you lived at Huronia or any places Huronia controlled. You can ask for help from someone you trust. Did other people see these things happen to you? You can ask them to write what they remember. You can also ask family, friends, doctors, counsellors and support people or anyone else to write letters about how you are still hurting from what happened. 3

4 You can ask the Government for your files from Huronia. You do this by sending a letter to the Government. You can fill in and send the sample letter on the next page. Write your name, address, telephone or TTY number in the letter. Write that you lived at Huronia, and that you want all your files and any of your information from Huronia. Send the letter to: Cate Parker Freedom of Information and Protection of Privacy Act Coordinator Ministry of Community and Social Services PO Box Wellesley Street West Toronto ON M7A 1N3 You can also call or Cate Parker at: Phone: cate.parker@ontario.ca You do not have to pay for these files because you need them for the Huronia settlement. If you saw other people get hurt at Huronia, you can write what you remember. They can use what you write to help fill in their Claim Form. There will be more information in January about the Claim Form. If you do not get that information in the mail, you should ask organizations for the information. Start by asking organizations that support you. They may have information, or they can help you get it. You can also ask ARCH. There will also be workshops about the Huronia settlement and the Claims Form. You can go to the workshops. ARCH will also give workshops about this. Check the ARCH Alert and our website to find out when we will hold the workshops. The following websites give information about the settlement. And these websites will post the Claim Form when it is ready: 4

5 - this is the website of the office in charge of the settlement money. The name of that office is Huronia Regional Centre Class Action Claims Administrator. this is the website of Koskie Minsky LLP, the lawyers for people who lived at Huronia. this is ARCH s website. We will post important information and dates for the Huronia claims process on the front page of ARCH s website under Latest ARCH News. SAMPLE LETTER TO USE TO GET YOUR FILES FROM HURONIA Day Month 2014 Cate Parker Freedom of Information and Protection of Privacy Act Coordinator Ministry of Community and Social Services PO Box Wellesley Street West Toronto ON M7A 1N3 Dear Ms Parker: I lived at Huronia and/or places controlled by Huronia. I want all my files and any of my information from Huronia. I need them for the Huronia settlement. My first name is. My last name is. Please send the information to this address: Street and number 5

6 Apartment number if there is one City or town Province Country Postal Code If you need to call me, please use this number: Area code Phone or TTY number Thank you. Sign your name here: How are Organizations Supporting People who May Want to Make a Claim for Compensation? By Kerri Joffe, Staff Lawyer Many organizations are already working to support individuals who were residents at Huronia and who want to make a claim for compensation, as part of the Huronia settlement. To support former Huronia residents, organizations are: Reaching out to community members who may be former Huronia residents or who may know former Huronia residents to ensure that people know about the Huronia settlement and compensation process. Publicizing information about the Huronia settlement and claims process. Most of this information is available online and much of it is not written in clear language. 6

7 Organizations can play an important role in translating the online information into more accessible language and formats. The online information can be found at: - this is a website maintained by Crawford Class Action Services. Crawford is the Claims Administrator for the Huronia settlement. this is a website maintained by Koskie Minsky LLP, the lawyers for the plaintiffs. this is ARCH s website. Important information and dates for the Huronia claims process will be posted on the front page of ARCH s website under Latest ARCH News Supporting former Huronia residents to obtain their records and personal case files from the Ministry of Community and Social Services. These records may provide important evidence about the person s residence and experiences at Huronia. Persons who are able to obtain these records should submit them along with the claim form, when the time comes to submit the claim form to the Claims Administrator. To get these records, former Huronia residents can send a letter to the Ministry of Community and Social Services. The letter should include the person s name, contact information, the fact that s/he is a former Huronia resident, and request that the Ministry provide the person s Huronia case file and any other information relating to the person s residence at Huronia. The letter can be sent to: Cate Parker Freedom of Information and Protection of Privacy Act Coordinator Ministry of Community and Social Services PO Box Wellesley Street West Toronto ON M7A 1N3 A sample letter is included in the article What can you do if you lived at Huronia between 1945 and 2009? in this edition of ARCH Alert. Alternatively, former Huronia residents can fill in and submit a Freedom of Information request, also called a FIPPA form, to the same address. These forms are available online at: %20Form.pdf 7

8 For more information, contact Cate Parker at: Usually there is a fee when you file a Freedom of Information request. However, no fee will be charged for requests of records related to the Huronia settlement. Supporting former residents of Huronia to gather any evidence that may be useful for the compensation process. Some organizations have found people who used to work at Huronia, who are able to remember things that happened to former residents. Family members, friends and support people may be able to remember visiting a former Huronia resident and witnessing or hearing about things that had happened to him/her. Affidavits or letters from people who witnessed or heard about how an individual was treated at Huronia can be submitted with the individual s claim, as part of the claims process. This may help to increase the amount of money that the individual is awarded. Organizations can support and assist former Huronia residents to gather these affidavits and letters. ARCH will be conducting workshops to provide information about the Huronia settlement and assist individuals to fill out the Claims Form. If your organization is able to assist ARCH to deliver these workshops, please let us know. If you or your organization have questions about the Huronia settlement, how former residents of Huronia can make a claim for compensation, or what you can do to support individuals who intend to make a claim, please contact ARCH. How ARCH can help people who are going to make claims in the Huronia settlement By Yedida Zalik, Community Outreach Coordinator Koskie Minsky LLP is the law firm that represents people who lived at Huronia. ARCH does not represent anyone in the lawsuit. ARCH supports former Huronia residents in other ways. 8

9 ARCH has been writing about the Huronia lawsuit. Over the years, there have been articles about the lawsuit in the ARCH Alert. And on June 20, 2011, ARCH held an Access Awareness Event with the Law Society of Upper Canada. At that event, a lawyer from Koskie Minsky LLP spoke to the community about the lawsuit. ARCH also posts important information about the lawsuit on our website. Soon there will be more information and papers about the lawsuit. There will be: A newspaper announcement. The Court hopes that people who lived at Huronia will see that announcement. The announcement tells people that they can ask for money from the settlement. A small book. The book will give information about the lawsuit, and explain how to ask for money from the settlement. If you lived at Huronia, you should get the book in the mail. You will also be able to get it from the ARCH website. A form that you must fill in and send to the office in charge of the settlement money. That form will be called the Claim Form. If you lived at Huronia, you should get the Claim Form in the mail. You will also be able to get it from the ARCH website. Koskie Minsky asked ARCH to help. ARCH worked on the newspaper announcement, the book, and the Claim Form. ARCH tried to make these papers easier to read. Before the settlement, there were other papers and announcements. ARCH did not work on those papers. ARCH will give five workshops about the Huronia settlement and the Claims Form. Check the ARCH Alert and our website to find out when we will hold the workshops. ARCH may also find other ways to support people who are making claims. We will post this information on the front page of ARCH s website under Latest ARCH News. 9

10 ARCH s office will be closed during the holidays ARCH will be closed from 1:00 pm, Tuesday, December 24, 2013 to Wednesday, January 1, ARCH will reopen on Thursday, January 2, 2014 with regular office hours. Have a Safe and Happy Holiday and Happy New Year! Donating to ARCH While ARCH receives core funding from Legal Aid Ontario and grant funding from other sources, we also rely on the donations from individuals. We ask you to consider being a part of our work by contributing whatever you can. If you are able to assist please donate to ARCH through Or you can send your donation cheque to: Office Manager ARCH Disability Law Centre 425 Bloor Street East, Suite 110 Toronto, Ontario M4W 3R4 We will promptly send you a charitable receipt. Charitable No RR 0001 Become a Member of ARCH If you would like to become an individual member of ARCH, please visit our website at or contact our office to request an Application for Individual Membership form. Membership is free. 10

11 ARCH ALERT is published by ARCH Disability Law Centre. It is distributed free via or mail to ARCH members, community legal clinics, and others with an interest in disability issues. ARCH is a non-profit community legal clinic, which defends and promotes the equality rights of persons with disabilities through litigation, law/policy reform and legal education. ARCH is governed by a Board of Directors elected by representatives of member groups reflecting the disability community. The goal of ARCH ALERT is to provide concise information, so that people are aware of important developments and resources. Articles may be copied or reprinted to share with others provided that they are reproduced in their entirety and that the appropriate credit is given. We encourage those who receive it to assist with distribution of information in this way. We do ask that both Word and Text Formats are distributed to ensure accessibility. Charitable Reg. # RR01. Editor: Laurie Letheren Production & Circulation: Theresa Sciberras We welcome your comments and questions, as well as submissions. We will endeavour to include all information of general interest to the community of persons with disabilities and their organizations, but reserve the right to edit or reject material if necessary. We will advise you if your submission is to be edited or rejected. Please assist us in your submissions by being brief and factual. Please address communications regarding ARCH ALERT to: Theresa Sciberras, Program and Litigation Assistant, ARCH Disability Law Centre, 425 Bloor St. E., Suite 110, Toronto, Ontario, M4W 3R4, fax: or , TTY: or , scibert@lao.on.ca Website: 11