Oversight Committee Minutes | March 20, 2017 - Teleconference


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Meeting of March 20, 2017 - Teleconference

Members present

Name Function
Mayo Moran Chair
Karen Cuddy Government of Canada representative
Paul Favel Assembly of First Nations representative
Mitch Holash Church representative (Catholic entities)
David Paterson Claimant counsel representative (National Consortium)
Tara Shannon Government of Canada representative
Diane Soroka Claimant counsel representative (Independent Counsel)

Also present

Name Function
Daniel Shapiro Chief Adjudicator
Shelley Trevethan Executive Director, Indian Residential School Adjudication Secretariat (IRSAS)
Russell Vallee Recorder, IRSAS


Name Function
Les Carpenter Inuit representative
David Iverson Church representative (Protestant Churches)

1. Welcome

Mayo Moran welcomed everyone to this follow-up meeting.

2. Completion Strategy Update

Dan Shapiro thanked members for the comments provided. He mentioned that, following today’s discussion, final revisions would be made and the Strategy would be shared with the NAC a week prior to their meeting. The NAC meeting is scheduled April 10th.

Shelley Trevethan highlighted the major comments received, including a number of wording changes and suggestions to add additional context, which helped to tighten up the text. She mentioned that there were some differences of opinion in revisions suggested by OC members. For instance, Canada suggested removing all references to funding/capacity issues. Others argued that it was necessary to leave these references in because there have been risks in these areas. There was discussion on numerous issues, including whether to include information on estates, student-on-student (SOS) claims, administrative splits, and disposition of records. The majority of Oversight Committee members agreed that this information should be left in because these issues have had an impact on the Secretariat.

Mayo mentioned that the Oversight Committee has had a few chances to provide comments on the Completion Strategy update and, although there may still be some areas where there isn’t total agreement, ultimately it is the Chief Adjudicator’s report to the Courts and his decision as to what goes in the Strategy. She asked Dan to circulate the final version to the Committee before it is shared with the NAC.

Tara Shannon advised that Canada has filed on appeal with the court relating to the Kivalliq Hall decision.

3. Update on Administrative Split

Canada provided an update on its efforts on Administrative Split cases. A total of 13 pre-decision Negotiated Settlement Process offers have been made (9 have been accepted to date). Some cases on Canada’s list still have Persons of Interest hearings remaining, so will need to go to hearing. Canada committed to providing the Secretariat with these files numbers. Canada will also update the Secretariat on a weekly basis and thanked the Secretariat for its assistance on the Administrative Split issue.

Canada has received the Secretariat’s list of Review/Re-Review decisions and has reviewed it against its own.

4. Update on Estate claims

Canada noted that there are 68 deceased claimant files remaining where Canada needs to determine if they have jurisdiction. These include 29 non-admitted, 16 pre-hearing, and 23 resolved claims. Saskatchewan still remains an issue in obtaining death certificates.

In addition, there are 229 claims where Canada needs to find family members to represent the claim; and 44 claims where third party administrators need to be appointed. Canada has begun putting third party contracts in place.

Canada raised one issue recently discussed with the Secretariat regarding the more than 200 claims on hold at the IFR process at Canada’s request while it is determining jurisdiction. Canada is considering requesting that the Secretariat release all of the on hold estate claims at the resolution direction stage. The Indigenous and Northern Affairs Estates Unit would make this decision. For now, Canada has asked that they continue to remain on hold.