The Independent Assessment Process (IAP) is part of the Indian Residential Schools Settlement Agreement – the largest class action settlement in Canadian history. The agreement aims to bring a fair and lasting resolution to the harm caused by residential schools. It involved representatives of Aboriginal groups, churches, the government of Canada, and the legal profession. It was approved by the courts.
The IAP is for former students who have a claim of sexual or serious physical abuse. It provides them with a way to settle their claim more quickly, out of court. The process is designed to be claimant-centred, but fair and neutral. It is an adjudication process. The Adjudicator resolves claims and awards compensation.
The deadline to submit an application under the Independent Assessment Process was September 19, 2012.
The Indian Residential Schools Adjudication Secretariat does the paper work and support work to make the Independent Assessment Process go smoothly. They:
The Executive Director of the Secretariat reports to the Chief Adjudicator.
The Chief Adjudicator is responsible for managing the IAP. On September 19, 2007, Dan Ish, Q.C. was appointed Chief Adjudicator. He is in charge of all of the adjudicators and makes sure that they apply the IAP fairly and evenly.
August 11, 2008
As Chief Adjudicator, I am responsible for the effective implementation of the Independent Assessment Process (IAP) as set out in the Indian Residential Schools Settlement Agreement. As part of these responsibilities, I oversee the functioning of the Indian Residential Schools Adjudication Secretariat. I accepted this mandate because I believe that the values of the Independent Assessment Process must include fairness, compassion, commitment, and consistency.
The IAP was developed to provide a non-adversarial adjudication of individual claims of abuse. The process is intended to resolve claims of sexual and serious physical abuse. The IAP allows former students to settle claims in a claimant-centered and culturally appropriate manner. That being said, we strongly recommend and encourage former students to retain legal counsel to assist them through the process.
Finally, I would like to reassure former students that the IAP is an impartial and neutral adjudication process and is committed to the resolution of claims.
Indian Residential Schools Adjudication Secretariat
Adjudicators preside over hearings and make decisions about claims. There are also Deputy Chief Adjudicators, who help the Chief Adjudicator in his role. They often assist with complicated cases. The responsibilities of Adjudicators include: