If you do not agree with the Adjudicator's decision about your claim in the Independent Assessment Process, you may be able to request a review.
There are two 'grounds', or reasons, why a claimant may request a review:
1. The decision contains a 'palpable and overriding error'. This means a clear and telling error. For example if the Adjudicator based their decision on something that you said at the hearing, but they did not understand what you said, this would be a 'palpable and overriding error' in understanding the evidence. These reviews are done by a second Adjudicator. The second Adjudicator can do one of three things:
2. The Adjudicator did not properly apply the IAP model to the facts. This is when the Adjudicator understood the evidence correctly, but their decision does not follow the rules of the Independent Assessment Process. For example, if the Adjudicator does not assign the correct number of points for the level of abuse that occurred, they did not properly apply the IAP model. These reviews are done by the Chief Adjudicator or someone he gives this role to. They can do one of two things:
In either case, the Adjudicator will review everything from the original hearing. That includes:
No new evidence is allowed on a review and no hearing takes place.
You must make your request in writing within 30 days of receiving the original decision.
Write to the Chief Adjudicator's office:
Indian Residential Schools Adjudication Secretariat
100 - 1975 Scarth Street
Regina, SK S4P 2H1
In your letter, state why you object to the original decision. Your statement must not go over 1500 words, unless the Chief Adjudicator allows you to go over this limit.
The Chief Adjudicator will send a copy to the Government of Canada and any church organization that took part in your hearing. They will have 30 days to reply. Their reply must be 1000 words or less.
You will get a copy of this reply. If you want to make another statement after reading the reply, you must ask the Chief Adjudicator for permission.
Once the new Adjudicator has received all of the written statements, they conduct a review. In most cases, they will decide within 30 days.
No. If you are entitled to an award, it cannot be paid until the review process is complete.
In the IAP, the Government of Canada and any church group that took part in your hearing are called the 'defendants'. They can ask for a review, but individuals who are accused of abuse cannot. The government or church can ask for a review for one of two reasons:
If the defendants request a review, the Chief Adjudicator's office will give you a copy of their request. You will have 30 days to reply, in 1000 words or less, unless the Chief Adjudicator allows you to go over this limit.
The new Adjudicator reviews the statements and all of the documents from the original hearing. No new evidence is allowed and there is no new hearing.