Oversight Committee Minutes | February 6, 2020 - Toronto, ON

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Meeting of February 6, 2020 - Toronto, ON

Members present

Name Function
Mayo Moran Chair
Juliet Donnici Government of Canada representative
Mitch Holash Church representative (Catholic entities)
David Iverson Church representative (Protestant Churches)
Julie McGregor Assembly of First Nations (AFN) representative—attended part of the meeting via teleconference
David Paterson Claimant counsel representative (National Consortium)
Martin Reiher Government of Canada representative (Alternate in absence of Karen Turcotte. Mr. Reiher was also joined by Mary Allin and Erin Smith)—via teleconference
Diane Soroka Claimant counsel representative (Independent Counsel)

Also present

Name Function
Brian Gover Court Counsel
Daniel Shapiro Chief Adjudicator
Roger Tetreault Executive Director, Indian Residential Schools Adjudication Secretariat (IRSAS)
Russell Vallee Recorder, IRSAS

Absent

Name Function
Lucy Kuptana Inuit representative

1. Welcome

Chair Mayo Moran thanked everyone for rearranging their schedules on short notice.

2. Approval of Minutes

OC approved the minutes for October 8, 2019, subject to minor edits.

3. Key Performance Indicators

Roger Tetreault presented some of the key statistical indicators as of January 27, 2020:

  • 99.95% of the 38,273 claims received have been resolved;
  • 27 claims in progress, of which:
    • 12 are unheard;
    • 8 are awaiting a decision; and,
    • 7 are post-decision.
  • Of the 12 unheard claims:
    • 5 are pre-admission/awaiting admission;
    • 6 have a hearing date set or are awaiting a hearing date; and,
    • 1 may be resolved without a hearing.
  • Of the remaining caseload:
    • 11 are Kivalliq Hall claims;
    • 6 are Blott DNQ claims;
    • 5 are general claims;
    • 1 is a review claim; and,
    • 4 are estate claims.

Estates claims

4 claims remain in progress, all with awards:

  • 3 are waiting for letters of administration
  • One waiting to obtain estate representation

4. Executive Director’s Report

Roger Tetreault provided his observations on the following activities:

Records Disposition

As of January 31, 2020, the IRSAS has disposed of 30,211 (71.93%) physical files, 9,734 of which were done from September 15, 2019 to January 31, 2020. A total of 34,900 (83.10%) electronic records have been disposed of, 8,500 of which were done from September 15, 2019 to January 31, 2020. These records are all non-retained records.

Notice Program

As of January 31, 2020, the IRSAS has received 171 requests, of which:

  • 51 were from non-claimants, so invalid; and,
  • 120 were valid, of which:
  • 30 were consents.

To date, 17 completed packages have been sent to the NCTR. Total of 305 queries for the notice program as of December 31, 2020 .

5. Update on Blott DNQ claims

Roger Tetreault provided an update on Blott DNQ claims. As of January 27, 2020, the IRSAS received 56 applications and of these:

  • 46 were admitted;
  • 10 were non-admitted;
  • 40 admitted claims are resolved;
  • Of the 6 claims in progress:
    • One is awaiting an assessment; and,
    • 5 are post-hearing.

Roger noted that since his last report 2 claims had to be reassigned to a different adjudicator as the original adjudicator was hospitalized.

6. Kivalliq Hall Update

Roger Tetreault provided an update on Kivalliq Hall claims. As of January 27, 2020, the IRSAS received 15 applications and of these:

  • 9 are represented claimants;
  • 6 are self-represented claimants;
  • 7 claims have been admitted, all re represented claimants;
  • 5 were not admitted/not accepted (received after the deadline); and,
  • 3 claims require more information before a decision to admit can be made.

Roger noted that there may be additional applications received by mail in the coming weeks. One application arrived express package 10 days after the deadline so there is no accounting for how long regular mail could take.

7. Update on Administrative Split Claims

Martin Reiher reported that the process involving Administrative split claims is near conclusion. A total of 200 files were identified. Of these, 171 have accepted offers for a total of $12.2M. There are 29 cases still ongoing. Martin noted that locating individual claimants or identifying the estate has proven to be difficult.

8. SOS Post-decision Settlement Process Administered by Canada

Martin Reiher reported that 242 cases were initially identified. After input from claimant counsel this number rose to 342. Of the 342, 147 SOS post-decision cases were identified as potentially compensable. Of the 147, 120 have accepted an offer, and 27 are still being worked on.