Court Decisions and Legal Documents

The Independent Assessment Process was established by the Indian Residential Schools Settlement Agreement, a national class action settlement reached in 2006, and approved by the Courts in 2007.

• Settlement Agreement
• Schedule D, Independent Assessment Process

Implementation Orders

The implementation and approval orders were made in early 2007 by Courts in nine jurisdictions to support implementation of the IAP and resolve issues identified by the supervising courts. All of the implementation orders are available on the Official Court Website of the Indian Residential Schools Settlement

The Implementation Order

The implementation order directs IAP adjudicators to review a claimant’s legal fees, among other matters.

The Approval Order

The Approval Order gives effect to the Settlement Agreement.

Subsequent Court Orders

Several additional court orders have been made to help address issues arising in the IAP, among them:

• The Incomplete File Resolution procedure provides tools to help resolve claims that are not proceeding in the usual process.
• The Lost Claimant Protocol provides tools to help locate claimants who have moved or lost contact with the Secretariat.

Directives

The Directives section contains directives, guidance papers and practice directions issued by the Oversight Committee and the Chief Adjudicator.

List of Schools

The following are the Indian residential schools that the IAP will consider for your claim. In addition to these schools, decisions on four applications to add schools to the list under Article 12 of the Indian Residential Schools Settlement Agreement remain pending before the supervising courts or Courts of Appeal.

Alberta Residential Schools

• Assumption (Hay Lakes), Assumption, Alberta
• Blue Quills (Saddle Lake, Sacred Heart, formerly Lac la Biche), St. Paul, Alberta
• Crowfoot (St. Joseph's, Ste. Trinité), Cluny, Alberta
• Desmarais (St. Martin's, Wabasca Roman Catholic), Desmarais-Wabasca, Alberta
• Edmonton (formerly Red Deer Industrial), St. Albert, Alberta
• Ermineskin, Hobbema, Alberta
• Fort Vermilion (St. Henry's), Fort Vermilion, Alberta
• Grouard (St. Bernard's, Lesser Slave Lake Roman Catholic), Grouard , Alberta
• Holy Angels (Fort Chipewyan, École des Saints-Anges), Fort Chipewyan, Alberta
• Joussard (St. Bruno's), Joussard, Alberta
• Lac la Biche (Notre Dame des Victoire, predecessor to Blue Quills) from 1893 to 1898, Lac la Biche, Alberta
• Lesser Slave Lake (St. Peter's), Lesser Slave Lake, Alberta
• Morley (Stony), Morley, Alberta
• Old Sun, Gleichen, Alberta
• Sacred Heart, Brocket, Alberta
• St. Albert (Youville), Youville, Alberta
• St. Augustine (Smoky River) from 1900 to 1907, Smoky River, Alberta
• St. Cyprian's (Queen Victoria's Jubilee Home), Brocket, Peigan Reserve, Alberta
• St. Joseph's (Dunbow), High River, Alberta
• St. Mary's (Blood, Immaculate Conception), Cardston, Alberta
• St. Paul's (Blood, Anglican/Church of England), Cardston, Alberta
• Sarcee (St. Barnabas), T'suu Tina, Alberta
• Sturgeon Lake (St. Francis Xavier), Calais, Alberta
• St. John's (Wabasca Anglican/Church of England), Wabasca, Alberta
• Whitefish Lake (St. Andrew's), Whitefish Lake, Alberta

3.4.2 British Columbia Residential Schools

• Ahousaht, Ahousaht, British Columbia
• Alberni, Port Alberni, British Columbia
• Cariboo (St. Joseph's, Williams Lake), Williams Lake, British Columbia
• Christie (Clayoquot, Kakawis), Tofino, British Columbia
• Coqualeetza from 1924 to 1940, Chilliwack / Sardis, British Columbia
• Cranbrook (St. Eugene's, Kootenay), Cranbrook, British Columbia
• Kamloops, Kamloops, British Columbia
• Kitimaat, Kitimaat, British Columbia
• Kuper Island, Kuper Island, British Columbia
• Lejac (Fraser Lake), Fraser Lake, British Columbia
• Lower Post, Lower Post, British Columbia
• Port Simpson (Crosby Home for Girls), Port Simpson, British Columbia
• St. George's (Lytton), Lytton, British Columbia
• St. Mary's (Mission), Mission, British Columbia
• St. Michael's (Alert Bay Girls' Home, Alert Bay Boys' Home), Alert Bay, British Columbia
• Sechelt, Sechelt, British Columbia
• St. Paul's (Squamish, North Vancouver), North Vancouver, British Columbia
• Anahim Lake Dormitory (September 1968 to June 1977), Anahim Lake, British Columbia

3.4.3 Manitoba Residential Schools

• Assiniboia (Winnipeg), Winnipeg, Manitoba
• Birtle, Birtle, Manitoba
• Brandon, Brandon, Manitoba
• Churchill Vocational Centre, Churchill, Manitoba
• Cross Lake (St. Joseph's, Jack River Annex - predecessor to Notre Dame Hostel), Cross Lake, Manitoba
• Dauphin (McKay), The Pas / Dauphin, Manitoba
• Elkhorn (Washakada), Elkhorn, Manitoba
• Fort Alexander (Pine Falls), Fort Alexander, Manitoba
• Guy Hill (Clearwater, The Pas, formerly Sturgeon Landing, SK), The Pas, Manitoba
• Norway House United Church, Norway House, Manitoba
• Notre Dame Hostel (Norway House Roman Catholic, Jack River Hostel, replaced Jack River Annex at Cross Lake), Norway House, Manitoba
• Pine Creek (Camperville), Camperville, Manitoba
• Portage la Prairie, Portage la Prairie, Manitoba
• Sandy Bay, Marius, Manitoba

3.4.4 Northwest Territories Residential Schools

• Immaculate Conception (Aklavik Roman Catholic), Aklavik, NWT
• All Saints (Aklavik Anglican), Aklavik, NWT
• Fleming Hall (Fort McPherson), Fort McPherson, NWT
• Sacred Heart (Fort Providence), Fort Providence, NWT
• St. Joseph's (Fort Resolution), Fort Resolution, NWT
• Bompas Hall (Fort Simpson Anglican), Fort Simpson, NWT
• Lapointe Hall (Fort Simpson Roman Catholic), Fort Simpson, NWT
• Breynat Hall (Fort Smith), Fort Smith, NWT
• Grandin College, Fort Smith, NWT
• Hay River (St. Peter's), Hay River, NWT
• Grollier Hall (Inuvik Roman Catholic), Inuvik, NWT
• Stringer Hall (Inuvik Anglican Hostel), Inuvik, NWT
• Akaitcho Hall (Yellowknife), Yellowknife, NWT
• Federal Hostel at Fort Franklin, Déline, NWT

3.4.5 Nova Scotia Residential Schools

• Shubenacadie, Shubenacadie, Nova Scotia

3.4.6 Nunavut Residential Schools

• Chesterfield Inlet (Turquetil Hall), Chesterfield Inlet, Nunavut
• Federal Tent Hostel at Coppermine, Coppermine, Nunavut
• Federal Hostel at Baker Lake, Qamani'tuaq, Qamanittuaq, Nunavut
• Federal Hostel at Belcher Islands, Sanikiluaq, Nunavut
• Federal Hostel at Broughton Island, Qikiqtarjuaq, Nunavut
• Federal Hostel at Cambridge Bay, Cambridge Bay, Nunavut
• Federal Hostel at Cape Dorset, Kinngait, Nunavut
• Federal Hostel at Eskimo Point, Arviat, Nunavut
• Federal Hostel at Frobisher Bay (Ukkivik), Iqaluit , Nunavut
• Federal Hostel at Igloolik, Igloolik/Iglulik, Nunavut
• Federal Hostel at Lake Harbour, Kimmirut, Nunavut
• Federal Hostel at Pangnirtung (Pangnirtang), Pangnirtung / Panniqtuuq, Nunavut
• Federal Hostel at Pond Inlet, Mittimatalik, Nunavut
• Kivalliq Hall, Rankin Inlet, Nunavut

3.4.7 Ontario Residential Schools

• Bishop Horden Hall (Moose Fort, Moose Factory), Moose Island, Ontario
• Cecilia Jeffrey (Kenora, Shoal Lake), Kenora, Ontario
• Chapleau (St. John's), Chapleau, Ontario
• Cristal Lake High School (September 1, 1976 to June 30, 1986)
• Fort Frances (St. Margaret's), Fort Frances, Ontario
• Fort William (St. Joseph's), Fort William, Ontario
• McIntosh, McIntosh, Ontario
• Mohawk Institute, Brantford, Ontario
• Mount Elgin (Muncey, St. Thomas), Munceytown, Ontario
• Pelican Lake (Pelican Falls), Sioux Lookout, Ontario
• Poplar Hill, Poplar Hill, Ontario
• St. Anne's (Fort Albany), Fort Albany, Ontario
• St. Mary's (Kenora, St. Anthony's), Kenora, Ontario
• Shingwauk (Wawanosh Home), Sault Ste. Marie, Ontario
• Spanish Boys School (Charles Garnier, St. Joseph's, formerly Wikwemikong Industrial), Spanish, Ontario
• Spanish Girls School (St. Joseph's, St. Peter's, St. Anne's formerly Wikwemikong Industrial), Spanish, Ontario
• Stirland Lake High School/Wahbon Bay Academy (September 1, 1971 to June 30, 1991)
• Wawanosh Home (January 1, 1879 to August 5, 1892), Sault Ste. Marie, Ontario

3.4.8 Québec Residential Schools

• Amos (Saint-Marc-de-Figuery), Amos, Québec
• Pointe Bleue, Pointe Bleue, Québec
• La Tuque, La Tuque, Québec
• Fort George (St. Philip's), Fort George, Québec
• Fort George (St. Joseph's Mission, Résidence Couture, Sainte-Thérèse-de-l'Enfant-Jésus), Fort George, Québec
• Sept-Îles (Notre-Dame, Maliotenam), Sept-Îles, Québec
• Federal Hostel at George River, Kangirsualujjuaq, Québec
• Federal Hostel at Great Whale River (Poste-de-la-Baleine), Kuujjuaraapik / Whapmagoostui, Québec
• Federal Hostel at Payne Bay (Bellin), Kangirsuk, Québec
• Federal Hostel at Port Harrison (Inoucdjouac, Innoucdouac), Inukjuak, Québec
• Fort George Hostels (September 1, 1975 to June 30, 1978), Fort George, Québec
• Mistassini Hostels (September 1, 1971 to June 30, 1978)

3.4.9 Saskatchewan Residential Schools

• Beauval (Lac la Plonge), Beauval, Saskatchewan
• Crowstand, Kamsack, Saskatchewan
• File Hills, Balcarres, Saskatchewan
• Fort Pelly, Fort Pelly, Saskatchewan
• Gordon's, Gordon's Reserve, Punnichy, Saskatchewan
• Lebret (Qu'Appelle, Whitecalf, St. Paul's High School), Lebret, Saskatchewan
• Marieval (Cowesess, Crooked Lake), Grayson, Saskatchewan
• Muscowequan (Lestock, Touchwood), Lestock, Saskatchewan
• Prince Albert (Onion Lake Church of England, St. Alban's, All Saints, St. Barnabas, Lac La Ronge), Prince Albert, Saskatchewan
• Regina, Regina, Saskatchewan
• Round Lake, Stockholm, Saskatchewan
• St. Anthony's (Onion Lake Roman Catholic), Onion Lake, Saskatchewan
• St. Michael's (Duck Lake), Duck Lake, Saskatchewan
• St. Philip's, Kamsack, Saskatchewan
• Sturgeon Landing (Predecessor to Guy Hill, MB), Sturgeon Landing, Saskatchewan
• Thunderchild (Delmas, St. Henri), Delmas, Saskatchewan
• Cote Improved Federal Day School (September 1928 to June 1940), Kamsack, Saskatchewan
• Battleford Industrial School (December 1883 to May 1914), Battleford, Saskatchewan

3.4.10 Yukon Residential Schools

• Carcross (Chooutla), Carcross, Yukon
• Coudert Hall (Whitehorse Hostel/Student Residence - Predecessor to Yukon Hall), Whitehorse, Yukon
• Shingle Point (Predecessor to All Saints, Aklavik), Shingle Point, Yukon
• Whitehorse Baptist, Whitehorse, Yukon
• Yukon Hall (Whitehorse/Protestant Hostel), Whitehorse, Yukon
• St. Paul's Hostel (September 1920 to June 1943), Dawson City, Yukon

The Chief Adjudicator has taken action to protect the confidentiality of documents and testimony provided in the Independent Assessment Process.

Supreme Court of Canada decision

Justices McLachlin C.J. and Karakatsanis, Wagner, Gascon, Côté, Brown and Rowe JJ., Canada (Attorney General) v. Fontaine, 2017 SCC 47, [2017] 2 S.C.R. 205, October 6, 2017

In a unanimous decision, the Supreme Court upheld the promises of confidentiality that were made to claimants in the Independent Assessment Process, and has determined that survivors control their own records. This decision will allow claimants who do not want to disclose the intimate details of the abuse they suffered at Indian Residential School to keep them confidential.

The Supreme Court has decided that claimants, and no one else, control their records from the IAP. The decision also allows claimants to deposit their records with the National Centre of Truth and Reconciliation (NCTR) archive, or any other archive. The Chief Adjudicator has always supported the rights of claimants to share an account of the experiences with others, provided they give their consent to place them in an archive for that purpose.

Ontario Court of Appeal decision

Justices Strathy C.J.O., Sharpe and MacFarland JJ.A., Ontario Court of Appeal, Fontaine v Canada (Attorney General), 2016 ONCA 241, April 4, 2016

The majority decision of the Court of Appeal upheld the supervising judge’s order that the IAP documents should be destroyed 15 years after the end of a claim, unless the claimant has chosen to have them transferred to the National Centre for Truth and Reconciliation. The Court of Appeal ordered that the notice program be conducted by the Chief Adjudicator, and that the order also include the Alternative Dispute Resolution process that preceded the IAP.

The Government of Canada has applied for leave to appeal the decision of the Ontario Court of Appeal to the Supreme Court of Canada.

Ontario Superior Court of Justice decision (Supervising judge’s decision)

Justice Perell, J., Ontario Superior Court of Justice, Fontaine v Canada (Attorney General), 2014 ONSC 4585, August 14, 2014

The supervising judge ordered that IAP records should be destroyed 15 years after the end of a claim, unless the claimant has chosen to have them transferred to the National Centre for Truth and Reconciliation. The court ordered that a notice program be conducted to advise survivors of their choice.

Direction on the Records Notice Program, Justice Perell, J., Ontario Superior Court of Justice, Fontaine v. Canada (Attorney General), 2018 ONSC 4179, July 4, 2018.

Decision by Justice Perell on St. Anne's IRS, Ontario Superior Court of Justice, Fontaine v. Canada (Attorney General), 2014 ONSC 283January 14, 2014

Order by Justice Perell on St. Anne's IRS, Ontario Superior Court of Justice, Fontaine v. Canada (Attorney General), March 7, 2014

Decisions on individual cases

Assignment of settlement funds to pay third-party lenders

The Honourable Mr. Justice Donald, The Honourable Madam Justice Saunders, The Honourable Mr. Justice Frankel, Court of Appeal for British Columbia, Fontaine v Canada (Attorney General), 2008 BCCA 329, August 21, 2008

The court held that a direction to pay settlement funds to a third-party lender was contrary to the Settlement Agreement and the Financial Administration Act.

Blott & Company

Issues in this case involved the quality of legal representation provided to clients, the facilitation of loans with third parties, and the use of a third-party agency to recruit clients and complete application forms.

• Reasons for prohibiting the further involvement of Blott, David Blott, Honour Walk, Thomas Denomme and certain other parties in IAP proceedings, the Honourable Madam Justice B.J. Brown, Supreme Court of British Columbia, Fontaine v. Canada (Attorney General), 2012 BCSC 839, June 5, 2012
• Order by the Honourable Madam Justice B.J. Brown on Blott DNQ files, Supreme Court of British Columbia, June 29, 2018

Bronstein

Issues in this case involved alleged harassment of claimants by a form-filler employed by Bronstein’s law firm, the provision or facilitation of loans to claimants, as well as the quality of legal services provided.

• Bronstein costs decision

  The Honourable Madam Justice B.J. Brown, Supreme Court of British Columbia, Fontaine v Canada (Attorney General), 2015 BCSC 1968, October 28, 2015.

  The court directed that Bronstein reimburse Canada for the amount of $1,250,000.00 as special costs for this matter.

• Bronstein merits decision The Honourable Madam Justice B.J. Brown, Supreme Court of British Columbia, Fontaine v Canada (Attorney General), 2015 BCSC 717, May 1, 2015

  The court held that Bronstein’s conduct fell below the standard expected of legal processionals representing clients in the IAP, but that Bronstein’s conduct does not require that he be removed from participation in the IAP. The court required Bronstein to continue participating under supervision, and to pay the reasonable costs of the Monitor’s investigation.

Change in counsel

The Honourable Madam Justice B.J. Brown, Supreme Court of British Columbia, Fontaine v Canada (Attorney General), 2016 BCSC 595, April 5, 2016.

The court upheld the Chief Adjudicator’s practice of allowing only the claimant’s current lawyer to participate in the legal fee review process.

Form fillers

Decision on Manitoba Form Fillers,

Justice Schulman, Court of Queen's Bench Manitoba, Fontaine et al. v. Canada (Attorney General), 2014 MBQB 113, June 4, 2014

Keshen:

Matters related to the conduct of IAP counsel Douglas J. Keshen

Justice J. Perell, Fontaine v Canada (Attorney General), 2016 ONSC 5359, August 25, 2016.

Justice Perell had previously ordered an investigation regarding Mr. Keshen by the Court Monitor, after certain issues regarding interest-free loans to clients and facilitating loans from third-party settlement lenders were brought forward on behalf of the Chief Adjudicator. The Chief Adjudicator did not participate in the RFD after the initial order directing the investigation.

Legal fees

Decision related to legal fees in the IAP Fontaine et al v AG Canada et al, 2015 MBQB 158. This decision addresses the Chief Adjudicator’s Guidelines for legal fees. The court held that the Guidelines are not binding and create no enforceable rights. The court dismissed the RFD seeking to overturn the Chief Adjudicator’s decision on legal fees.

Withholding of settlement funds to pay other obligations:

The Honourable Madam Justice B.J. Brown, Supreme Court of British Columbia, Fontaine v Canada (Attorney General), 2016 BCSC 1306.

In this case, Merchant Law Group received IAP settlement proceeds in trust, but before the claimant received her award, the firm deducted $21,300 it claimed she owed for unrelated legal matters, including her son’s criminal matters.

The court found this to be an impermissible assignment of IAP funds and ordered Merchant Law Group to pay forthwith to the claimant the amount it had withheld, with interest.

The court found that the diversion of funds offends both Article 18.01 of the Settlement Agreement (which prohibits the assignment of both Common Experience payments and IAP awards) and section 67 of the Financial Administration Act (which prohibits the assignment of Crown debts).

The court agreed with the Chief Adjudicator that the purpose of Article 18.01 is to protect vulnerable class members. While the funds were still in the lawyer’s trust account, the claimant remained in a vulnerable position and was open to being threatened or pressured (as evidenced by the letter from counsel to the claimant) into “consenting” to the redirection of funds.

The court also found that the direction to pay violates s. 67 of the Financial Administration Act. The court agreed with the Court Monitor, that—contrary to the Merchant position—until the settlement proceeds are in the claimant’s hands, the Crown debt has not been paid.

The court noted that its conclusion is consistent with the Chief Adjudicator’s Expectations of Legal Practice in the IAP, setting out what claimants can expect their lawyer to do upon receipt of IAP funds.

General information about Lawyers

For more information on working with a lawyer, see:

• Fact sheet: Getting legal help with your IAP claim
• Fact sheet: Do I need a lawyer for my IAP claim?
• Fact sheet: Legal fees and your IAP claim

For information on resolving problems with a lawyer, see:

• The Chief Adjudicator’s Expectations of Legal Practice in the IAP set out expected norms and practices for all lawyers and other professionals working in the IAP.