February 15, 2016
You may have heard people talking about an “administrative split” that could affect some claims in the Independent Assessment Process (IAP). There has also been coverage in the media recently about this issue.
"Administrative split" is a term used to describe situations where the classroom part of an Indian Residential School was removed from the direct control of those who managed the residence. This happened at a number of Indian Residential Schools beginning in the 1960’s.
This administrative split affected the outcome of some claims in the IAP because Canada argued that it was not required to compensate for abuse that occurred in classrooms that had ceased to be part of the residential schools that Canada was responsible for.
On February 3, 2016 the Minister of Indigenous and Northern Affairs made a commitment in the House of Commons to have officials conduct an urgent review of administrative splits.
The administrative split issue is a complex legal issue. We await the results of Canada’s review of cases that may be affected to determine next steps.
In the meantime, if claimants or others have questions about the administrative split and how it may affect a claim, we recommend they contact their lawyer. Self-represented claimants should call their Claimant Support Officer. Claimants can reach their Claimant Support Officer by calling the toll-free IAP Info line at 1-877-635-2648.