The IAP allows compensation to former residents of Indian Residential Schools who suffered abuse by fellow students, if the criteria for compensation are met.
The parties to the Indian Residential Schools Settlement Agreement recognize the importance of transparency and a system for disclosures of Canada’s admissions of Indian Residential Schools staff knowledge of student on student abuse. Canada maintains a Master List of such admissions from IAP cases that have already been resolved, and has provided it to the Indian Residential Schools Adjudication Secretariat.
In September 2010, the IAP Oversight Committee approved a directive from the Chief Adjudicator (CAD-8) that gave adjudicators the authority to release potentially relevant admissions from the Master List to lawyers for claimants and adjudicators.
In May, 2013, the Chief Adjudicator decided that the Master List should be made available to lawyers representing claimants, under certain strict conditions. Self-represented claimants do not have access to the Master List.
At hearings, self-represented claimants should ensure they ask the adjudicator to check the Master List to determine if there are any admissions from other IAP claims that could affect their case. An admission in a previous case could make it easier for a claimant to prove that the criteria for compensation are met.
The issue of student on student harm is one of many complex facets of the Independent Assessment Process. For this reason, all parties to the IAP encourage all claimants to hire a lawyer to help them to pursue their claim. Lawyers who represent claimants have access to the Master List. Self-represented claimants must rely on the adjudicator to check the list.
Even if you have started a claim without the help of a lawyer, it’s not too late to hire one. The Secretariat can provide information to former students on how to find and hire a lawyer.
September 4, 2013