The IAP Compensation Framework

Former students of Indian Residential Schools (IRS) who experienced serious physical or sexual abuse causing significant psychological harm have a right to seek financial compensation through an application to the Independent Assessment Process¹ managed by the IRS Adjudication Secretariat. An independent adjudicator hears the case and decides the appropriate award amount based on a compensation framework.

Principles

The compensation framework is supported by four principles:

• consistency among many cases heard across the country;
• transparency of available compensation levels for different types of abuse;
• fairness in terms of providing individualized compensation to each claimant for both the abuse suffered and harm caused; and
• equivalency of compensation to what the courts would award.

Acts of abuse compensated in the IAP

In the IAP, compensation can be obtained if one of the following Acts is proven:

• Sexual or physical assaults, occurring on or off the premises of a listed residential school² , committed by an adult employee of the IRS or other adults lawfully on the premises.
• Sexual or physical assaults committed by one student against another where the abuse happened on the premises of the IRS and staff knew or should have known that the abuse was occurring but didn’t take steps to prevent such abuse; or, in predatory or exploitative sexual assault cases involving the most serious types of sexual assault (SL4 and SL5)³ , where reasonable supervision was not in place, irrespective of staff knowledge.
• Any other wrongful act (OWA) perpetrated by an adult employee of the IRS or any other adult lawfully on the premises which caused serious psychological harms to the claimant.

How the Compensation Framework works

The compensation framework sets out the range of points that can be attributed to different types of abuse and the resulting harm to the claimant. The most serious act or acts of proven abuse, whether physical, sexual, or other wrongful acts, determines the single range within which points for all abusive acts suffered at IAP are to be assigned⁴. Compensation is provided for proven acts of abuse as follows. Awards for sexual abuse acts range from $5,000 to $85,000. Awards for physical abuse range from $11,000 to $35,000. Awards for other wrongful acts range from $5,000 to $35,000.

If one of the above acts of abuse is proven, a claimant is eligible for compensation points for the harm resulting from proven abuse; aggravating factors that made the abuse worse; and loss of opportunity (LOO) resulting from the proven abuse. Moreover, claimants are eligible for actual income loss (AIL) in cases where a claimant proves the specific loss of income as a result of a proven claim of abuse. Up to $250,000 can be awarded for AIL. However, a claimant can choose to seek compensation for either LOO or AIL, but not both.

The minimum point amount provided for compensable claims is 5, which results in compensation between $5,000 and $10,000. The maximum point amount for compensable claims is 123, which results in compensation up to $275,000. The Adjudicator has the discretion to decide what award amount is appropriate.⁵

The monetary value attributed to points grows as they rise. As more points are attributed to a claim, each point increases in monetary value. However, the framework is designed to ensure compensation is assessed on an individualized basis, whereby the adjudicator considers the impact of an abuse event on the claimant when deciding the award.

Maximum compensation awards

In addition to awards based on points, claimants may receive compensation for future care and legal fees. Future care awards, such as treatment or counseling services can total $10,000 for general care and $15,000 if psychiatric treatment is required. Claimants represented by legal counsel can also receive a contribution of 15% of their total compensation award for legal fees⁶. Canada will also pay the reasonable and necessary disbursements (out-of-pocket costs).

In sum, the maximum award available from the IAP is $511,750. This includes $180,000 for the abuse and the effects of it on the claimant; $15,000 for future care; $250,000 for AIL; and $66,750 for legal fees. Claims without AIL can total $333,500. This includes $275,000 for the abuse and the effects of it on the claimant; $15,000 for future care; and $43,500 for legal fees.

Resolution processes within the IAP

The compensation framework is applied in two different IAP resolution tracks. The standard track resolves most claims. In it the claimant must prove the abuse and the harms on the balance of probabilities, and then show that the proven harms were plausibly linked to the proven abuse. The complex track resolves claims of IAP and OWA. It addresses claims in accordance with the same standards a court would apply in like matters.

Once Adjudicators have held a hearing in either of the resolution tracks, reviewing testimony from claimants and potentially witnesses and experts, the Adjudicator writes a decision. In the decision the Adjudicator explains the calculation of points and the compensation award.

 

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