To see the list of schools that are included in the Settlement Agreement, click here.
If you filed a claim before the application deadline to reopen a claim settled under the old Alternative Dispute Resolution (ADR) Process, the Government of Canada may contact your lawyer to discuss whether it is possible to negotiate a settlement.
From time to time, the Indian Residential Schools Adjudication Secretariat will admit a claim under the Independent Assessment Process and then discover that it may not fall within the terms of the IAP. This is called a jurisdictional issue.
Jurisdictional issues arise when:
In these cases, the Secretariat will assign an Adjudicator to the claim and point out the jurisdictional issues. As soon as possible, the Adjudicator can decide to let the hearing go ahead or to order a pre-hearing teleconference.
If the Adjudicator orders a pre-hearing teleconference, it has to happen as early as possible, before the hearing takes place. The claimant does not have to participate in the conference call unless they are representing themselves, without a lawyer.
The Secretariat organizes the teleconference as soon as possible. Before the teleconference, they send you or your lawyer a Notice of Pre-hearing Teleconference. The notice explains the issues in detail so that all the parties are fully prepared to address the concerns at the conference.
If you or any other party wishes to add issues to the pre-hearing teleconference, the request must go in writing to the Adjudicator. All other parties must get a copy at least one week before the teleconference. The Adjudicator decides if the issue(s) will be added to the conference.
For complex track cases, the jurisdictional pre-hearing teleconference may be combined with the case management conference.
The teleconference is only to address concerns about the eligibility of your claim. It is not for the testing of evidence. It is not in the nature of a preliminary inquiry. That is why you do not need to participate if you have a lawyer.
If the Adjudicator decides that your claim does not fall within the terms of the Independent Assessment Process, he or she will send you an 'unadmit' letter. You have 90 days to appeal this decision to the Chief Adjudicator.
If the Adjudicator decides that the claim does fall within the terms of the IAP, the claim goes ahead.