Oversight Committee Minutes | May 19, 2020 - Videoconference

Members present

Also present

1. Welcome

Chair Mayo Moran welcomed members and shared wishes for everyone’s wellbeing during these most unusual times.

2. Approval of Minutes

The OC approved the minutes for February 6, 2020 as presented.

3. Key Performance Indicators

Roger Tetreault presented some of the key statistical indicators as of May 1, 2020:

• 38,275 claims received
• 4 claims have been resolved since April 1
• 99.98% of all claims have been resolved
• 13 claims in progress, of which:
  • 1 has a hearing date set
  • 1 is waiting for a hearing date
  • 3 may be resolved without a hearing
  • 2 have had their hearing and waiting for a decision; and,
  • 6 are post-decision.

Since May 1st, the remaining caseload is down to 11 claims. It is possible that a few Kivalliq Hall claims will resolve without a hearing. A member noted that the percentage of claims compensated on the Adjudication Secretariat Statistics seemed high. The data includes all adjudicator decisions and negotiated settlements that resulted in an award for the claimant. Claims that resolved without a claimant hearing or failed to meet the application deadline are not included in the calculation. It was agreed that the explanation needs to be reviewed and “Claims Compensated” should move to fall under “Claims Resolved”.

4. Executive Director’s Report

Roger Tetreault provided his observations on the following activities:

Impact of COVID 19 on the Secretariat’s operations

On Monday March 16, 2020, Secretariat staff were advised to stay home and work remotely. All staff travel was immediately suspended. On Tuesday March 17, 20 employees were identified as providing essential services justifying priority access to the Secretariat’s network. Employees deemed as not providing essential services were instructed to access the network outside of normal business hours. This meant most staff could not access the network until the evening. After discussions with the Department’s IM Branch, it is anticipated that another 15 IRSAS employees will have full system and network access by mid-May. The Secretariat’s ongoing Records Disposition work with physical records has ceased but discussions have begun with the Department on a possible safe return to work of key records staff in Regina. Roger attends the Department’s Taskforce which is the body mandated to consider return to work. For the Secretariat, the focus has been on remote network access for staff. When the time comes to return to the office, 15-17 staff will be required in the Regina office to work on physical records.

Estateless claims

As of May 1, 2020, there are 4 estateless claims in progress: 2 pre-decision and 2 post-decision awaiting appointment of administrators. Of the 2 post-decisions claims, 1 is awaiting a legal fee ruling and the other is an in absentia decision.

Records Disposition

As of April 30, 2020, the Secretariat has disposed of approximately 80% physical files and 89% electronic files.

Notice Program

As of April 30, 2020, the IRSAS has received 181 requests for documents or to archive at the NCTR, of which:

• 52 were from non-claimants, so invalid; and,
• 129 were valid, of which 32 were consents: 19 are complete.

IRS Adjudication Secretariat Closing Ceremony

As a result of the pandemic it is unlikely that the ceremony will occur in-person in each of the four locations as planned. Currently consideration is being given to holding it virtually on September 19, 2020.

5. Chief Adjudicator’s Report

The Chief Adjudicator reported on the following:

General Update

We have made quite a bit a progress despite the restrictions resulting from the pandemic. There are currently 11 active claims; of those, 4 are waiting for legal fee rulings, 3 of which have been written.

As a result of the implications of COVID-19 on operations, on March 17, 2020, the Chief Adjudicator wrote to counsel and Canada’s representatives working on the three remaining Kivalliq Hall hearings scheduled in April, asking them to avoid cancelling these dates, proposing that these hearings be held virtually rather than in person. Of these, one was postponed, one was rescheduled to June, and the third proceeded by telephone with the adjudicator releasing his decision days later. It is difficult to predict when normal operations may resume and whether the two remaining claims will be held by teleconference or possibly resolved through NSP.

6. Update on Blott DNQ claims

Roger Tetreault provided an update on Blott DNQ claims. As of May 1, 2020, the IRSAS received 56 applications of the total 159 files identified as DNQ and of these:

• 46 were admitted
• 10 were non-admitted
• 42 admitted claims are resolved
• Of the 4 claims in progress:
  • One is post-hearing; and,
  • 3 have legal fee rulings pending.

Of the 42 resolved files:

• 9 were dismissed
• 2 resolved through NSP
• 27 received awards; and,
• 4 were zero-dollar decisions

A dismissal is a decision by an adjudicator without a hearing.

7. Kivalliq Hall Update

Roger Tetreault provided an update on Kivalliq Hall claims. As of May 1, 2020, the IRSAS received 15 applications and of these:

• 6 were not admitted
• 2 were not accepted (received after the deadline)
• 2 proceeded through NSP
• 1 may proceed through NSP
• 1 may be resolved without a hearing; and
• 3 proceeded to adjudicator decisions, resulting in compensation

A member asked whether there were specific logistical issues related to the 2 claims that were not accepted. The Chief Adjudicator responded that the Secretariat has no ability to accept applications received after the deadline. However, the Settlement Agreement does not close the door to litigation claims by former students who did not file an application with the IAP. Claimant counsel would be aware of this.

8. Update on Administrative Split Claims

Karen Turcotte reported that Canada is down to 10 – 15 files remaining. For most of these files, Canada is having challenges reaching people. Contracts have been put in place with private investigative firms to locate claimants. Some remaining claims involve counsel who are no longer practicing. Canada continues to make best efforts to move forward with these few remaining files under the current circumstances.

9. SOS Post-decision Settlement Process Administered by Canada

Karen Turcotte reported that only a small number of files remain, facing the same challenges as noted in the update on Administrative Split Claims.

10. Chief Adjudicator’s Annual Report

The Chief Adjudicator’s Annual Report was presented to the Committee. One section highlights the year’s objectives and the balance of the report speaks to the progress in that regard.