Independent Assessment Process (IAP) Fact Sheets
Independent Assessment Process (IAP) Information Sheet
1. What is the Independent Assessment Process (“IAP”)?
The IAP was created to resolve claims of abuse at Indian Residential Schools. People who suffered sexual abuse, serious physical abuse, or certain other wrongful acts which caused serious psychological consequences may receive money through the IAP.
The IAP is one part of a larger agreement. That agreement is called the Indian Residential Schools Settlement Agreement. It was reached to resolve the legacy of Indian Residential Schools.
2. What is the difference between the Common Experience Payment (CEP) and the Independent Assessment Process (IAP)?
The CEP provides compensation to any resident of an Indian Residential School. The IAP was created to resolve claims of abuse at residential schools. They are different programs within the Settlement Agreement and a claimant must apply separately for each.
3. Who can apply?
- If you experienced sexual abuse, serious physical abuse or other wrongful acts that caused serious psychological consequences when you were a resident of Kivalliq Hall Indian Residential School; or,
- if you were not a resident, but you experienced sexual abuse, serious physical abuse or other wrongful acts that caused serious psychological consequences, when you were allowed to be on the grounds of Kivalliq Hall Indian Residential School to take part in an authorized activity (for example, a sports event), and you were under 21 when the abuse happened.
4. Comment puis-je présenter une demande d’indemnisation?
To make an IAP claim, you will have to complete and return the IAP Application Form.
The IAP guide and application are available on the IAP Secretariat’s website at http://www.iap-pei.ca. Applicants may also order copies by calling 1-877-635-2648 or 1-866-879-4913.
5. When is the application period?
All IAP Applications relating to Kivalliq Hall must be filed on or before January 25, 2020.
6. What documents do I need to support my claim?
Depending on your claim, you may be required to submit certain documents, such as: treatment records relevant to your claim (clinical, hospital, medical or other treatment records), workers’ Compensation records, corrections records, income tax records and school records (non-residential secondary and post-secondary). If you cannot provide the documents needed you will be asked by the Adjudicator (decision maker) to explain why you couldn’t get them. If you have a lawyer, they will speak to the Adjudicator on your behalf.
7. Où dois-je envoyer la demande?
After filling out and signing your application form, review your answers, make a copy for your own records and mail it to:
Indian Residential Schools Independent Assessment Process
Suite 3-505, 133 Weber Street North
8. Should I hire a lawyer?
It’s your decision whether you want to hire a lawyer. Although the IAP does not require you to have a lawyer, all of the parties to the Settlement Agreement believe that claimants benefit from having legal representation. In fact, the agreement builds in payment for your lawyer’s fees up to 15% of the amount of your compensation. This amount does not come out of your compensation. Any amount of fees you agree to pay your lawyer over 15% of the compensation you receive would need to be paid to your lawyer by you.
You can decide to hire a lawyer at any stage in the process.
Even though the IAP does not take place inside a courtroom, it can be complicated and involves difficult legal concepts and processes. If you hire a lawyer, the lawyer will be responsible for all aspects of your claim. This would allow you to focus on healing and preparing emotionally for the hearing, where you will be sharing the details of your residential school experience and how it affected your life.
9. How can I find a lawyer?
If you decide to hire a lawyer, it is important to find one that is trustworthy. You will be entrusting your lawyer to not only deal with a sensitive issue, but to keep your interests first and foremost. You will have to speak openly and honestly because your lawyer will need to know all the facts about your claim. You may find it helpful to speak with other former students who have completed their claims to ask them who they would recommend.
Any certified lawyer can take on your claim. To find one that you feel comfortable with, you can call 1-877-635-2648 to be transferred to an IAP Claimant Support Officer who can provide a list of lawyers accepting referrals for IAP claimants.
10. If you need assistance or additional information on the Independent Assessment Process (IAP), please contact:
IAP Help Line: 1-877-635-2648
Information on Health Supports:
24 hours Crisis Line: 1-866-925-4419