Requesting a review of an adjudicator’s decision

If you disagree with an adjudicator’s decision in the IAP, you may be able to request a review.

 Reasons for requesting a review

There are two ‘grounds,’ or reasons, why a claimant may request a review.

The first reason for requesting a review is if the decision contains a “palpable and overriding error.” This means a clear and telling error, for example if the adjudicator based their decision on a misunderstanding of the claimant’s evidence. These reviews are done by a second adjudicator, who can uphold the original decision, change it, or order a new hearing.

The second reason for requesting a review is if the adjudicator did not “properly apply the IAP Model to the facts as found by the adjudicator.” This is when the original adjudicator has correctly understood the evidence, but their decision is not according to the rules of the IAP. For example, if the adjudicator does not award the correct number of points for the level of abuse that occurred. These reviews are done by the Chief Adjudicator or his designate, who can uphold the original decision or correct it.

In either case, the reviewing adjudicator will make their decision after reading written submissions from the parties and the documents from the original hearing, such as transcripts, claimant documents, Canada’s research documents, and the application form. No new evidence is allowed on a review, and there will be no oral submissions.

 How to request a review

To request a review of an adjudicator’s decision, write to the Chief Adjudicator’s office within 30 days of receiving the original decision.

You should include a written statement outlining your objections to the original decision. This statement must not exceed 1500 words, unless the Chief Adjudicator allows you to exceed this limit.

Send your request to:

Chief Adjudicator
Indian Residential Schools Adjudication Secretariat
100 - 1975 Scarth Street
Regina, SK S4P 2H1

Once the Chief Adjudicator receives your request, he will send a copy to Canada and any church organization that participated in your hearing. They will have 30 days to provide a reply of 1000 words or less. You will receive a copy of this reply. If you want to make further submissions after receiving the reply, you will need to ask the Chief Adjudicator for permission.

Once all submissions are received, the reviewing adjudicator will usually write a decision within 30 days. Compensation, if any, cannot be paid until the review process is completed.

 Reviews requested by the defendants

In some cases, Canada or the church organization participating in your hearing (the ‘defendants’) can request a review. This can happen if the defendants think the decision did not “properly apply the IAP Model to the facts as found by the adjudicator.” If your claim was heard in the complex issues track, the defendants can request a review if there is a “palpable and overriding error.”

If the defendants request a review, the Chief Adjudicator’s office will give you a copy of their request. You will have 30 days to provide a reply of 1000 words or less, unless the Chief Adjudicator gives you permission to submit a longer reply.

As with claimant-requested reviews, the reviewing adjudicator will make their decision based on the submissions and documents from the original hearing. No new evidence or oral submissions will be accepted.