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How to apply to the IAP

Complete an IAP Application form and mail it to:

Indian Residential Schools Independent Assessment Process
Suite 3-505, 133 Weber Street North
Waterloo, Ontario
N2J 3G9

To get an IAP Application form, download the form or call the IAP Information Line at
1-866-879-4913 to have a form and guide mailed to you.

To download the IAP Application form click on the "Application Form" link below.

APPLICATION FORM
(size: 619 KB - version: 3.0 - updated: 2011-07-14 - format: PDF)

The IAP Application form comes with a guide to help explain how to complete it. Click the link below to download the guide.

APPLICATION GUIDE
(size: 961 KB - version: 3.0 - updated: 2011-07-14 - format: PDF)

The Independent Assessment Process (IAP) Steps

These are the steps former Residential School students (claimants) go through when they apply for the Independent Assessment Process (IAP):

1. The claimant completes the application form and sends it to the Indian Residential Schools Adjudication Secretariat (IRSAS). In some cases, people who have resolved claims under the old Alternative Dispute Resolution (ADR) process may reopen their claims in the IAP for specific kinds of abuse.
2. The Secretariat reviews the claim. It may contact the claimant to ask for more information.
3. The Secretariat decides if the claim fits the criteria of the IAP and informs the claimant in writing. If it decides the claim should not go through the process:
   
   
   • The Secretariat will tell the claimant why.
   • The Secretariat will give the claimant a chance to give more information.
   • The claimant can make an appeal to the Chief Adjudicator, whose decision is final.
4. If the claim is accepted, the Secretariat gives the claim a priority according to the Settlement Agreement. This is based mainly on the claimant's health and age. These are the levels of priority:
   
   
   1. People who are in danger of losing the ability to participate in the IAP if they do not provide testimony as soon as possible.
   2. People who send a letter or form from their doctor saying their health is failing.
   3. People who are 70 or older.
   4. People who are 60 or older.
   5. People who have already had an examination for discovery in court.
   6. People who are applying as members of groups.
   7. No priority identified.
5. The IRSAS assigns the claim to one of two tracks – "standard" or "complex".
   
   To be in the standard track, the claimant must prove the abuse and the harms on the "balance of probabilities". The claimant must also show there is likely a link between the abuse that happened and the harms they still suffer. This means the Adjudicator only needs to establish that the abuse happened and the harms are most likely related to the abuse suffered at the residential school.
   
   The complex track resolves claims of Actual Income Loss and Other Wrongful Acts. The rules of evidence are stricter – the same as a court would apply. In addition, expert witnesses are involved, unless all parties agree to go ahead without them. As a result, claimants in this track should have a lawyer. The Adjudicator holds a pre-hearing teleconference with the claimant and lawyer to make sure the hearing will go as smoothly as possible.
6. The IRSAS checks the claim to make sure it is complete and can go forward to hearing. The Secretariat may ask the claimant to send more documents to support their claim. For example, it might ask for records about the claimant’s medical treatment, school, workers' compensation, jail, income tax, or employment.
7. In some cases, the Government of Canada may ask the claimant to negotiate a settlement without a hearing. This option is available only to claimants represented by legal counsel. The claimant can choose to negotiate or to have the hearing.
8. A hearing is held with an Adjudicator. All Adjudicators have special training and experience in resolving disputes. They are independent and neutral. The claimant tells the Adjudicator what happened to them at residential school. The Adjudicator will ask the claimant questions about what happened to them. Only the adjudicator is allowed to question the claimant. Witnesses, alleged abusers, and experts may also give information to the Adjudicator and answer questions. Claimant hearings are held separately from those of alleged abusers, so that they will not have to come face-to-face with the person they have accused of abusing them.
9. The Adjudicator may ask a doctor or a psychologist for an expert assessment of the claimant.
10. The Adjudicator decides on the compensation to award.