Information

FAQs Administrative Splits

March 15, 2017

You may have heard people talking about an “Administrative Split” that has affected some claims in the Independent Assessment Process (IAP).

"Administrative split" is a term used to describe situations where the classroom part of an Indian Residential School was removed from the direct control of those who managed the residence. This happened at a number of Indian Residential Schools beginning in the 1960’s.

You may have heard people talking about an “Administrative Split” that has affected some claims in the Independent Assessment Process (IAP). There has also been coverage in the media recently about this issue.

"Administrative split" is a term used to describe situations where the classroom part of an Indian Residential School was removed from the direct control of those who managed the residence. This happened at a number of Indian Residential Schools beginning in the 1960’s.

The Administrative Split affected the outcome of a number of claims in the IAP when Canada began to raise objections to some claims in 2010. Canada argued that it was not required to compensate for abuse that occurred in classrooms that were no longer part of the residential schools for which it was responsible. This led to inconsistencies in how similar claims were resolved, depending on when they were dealt with.

On February 3, 2016 the Minister of Indigenous and Northern Affairs made a commitment in the House of Commons to have officials conduct an urgent review of Administrative Splits. To protect the interests of claimants, the Chief Adjudicator instructed adjudicators to place any files that may be affected by the administrative split or other jurisdictional challenges by Canada on hold. Since it was not always clear if a file was affected by the Administrative Split, some other files with similar characteristics were also placed on hold. Approximately 135 claims were placed on hold to protect the interests of claimants.

Canada also raised objections in cases where abuse occurred after Canada ceased to be solely or partly responsible for the operation of the residence. This was sometimes described as claims involving "Years of Operation" issues. IAP cases involving Years of Operation and Administrative Split objections by Canada were put on hold while Canada conducted its review, on a school by school basis.

Some claims may be on hold for other reasons as well.

If you have a question about the status of your claim, contact your lawyer, or the IAP Info Line at 1-877-635-2648.

Canada has indicated that it will address IAP claims affected by the Administrative Split. Canada has determined that this will impact approximately 200 claims and 22 schools. Canada has provided the Secretariat with file numbers for in-progress claims that were on hold because of the Administrative Split, and is now working to resolve these claims. Canada has begun contacting lawyers representing claimants who they believe have been impacted by the Administrative Split. Claimants who do not have layers will be contacted directly by Canada.

The Administrative Split issue is a complex legal issue. All of the Parties to the Indian Residential Schools Settlement Agreement recommend that claimants in the IAP obtain legal counsel.

If you do not have a lawyer, you should contact a Client Service Officer. You can reach a Client Service Officer by calling the IAP Info Line at 1-877-635-2648.

The Chief Adjudicator took the hold off of many claims affected by the Administrative Split and Years of Operation on March 6, 2017. The hold on some claims has been maintained, as Canada enters into negotiations with claimants affected by the administrative splits with a view to resolving their claims.

If your case is confirmed as one that was affected by the Administrative Split, Canada will contact your lawyer to indicate how the claim will be resolved. If you do not have a lawyer, Canada will contact you directly to explain how the claim will be resolved.

If your claim was placed on hold, but Canada has decided that it is not affected by the Administrative Split, the hold has been removed and it will continue to proceed through the IAP to resolution.

Canada has provided a list of the schools that were affected by the Administrative Split to the Indian Residential Schools Adjudication Secretariat. We have posted this list on our website.

If you believe your claim was affected by the Administrative Split, and that you were unfairly denied compensation that you were entitled to, you should contact your lawyer. If you do not have a lawyer, you should contact a Client Service Officer. You can reach a Client Service Officer by calling the IAP Info Line at 1-877-635-2648.

The Administrative Split issue is a complex legal issue. All of the Parties to the Indian Residential Schools Settlement Agreement recommend that claimants in the IAP obtain legal counsel. A Client Service Officer can help you find a lawyer who will help you.

If you believe your claim was affected by the Administrative Split, and that you were unfairly denied compensation that you were entitled to, you should contact your lawyer. If you do not have a lawyer, you should contact a Client Service Officer. You can reach a Client Service Officer by calling the IAP Info Line at 1-877-635-2648.

The Administrative Split issue is a complex legal issue. All of the Parties to the Indian Residential Schools Settlement Agreement recommend that claimants in the IAP obtain legal counsel. A Client Service Officer can help you find a lawyer who will help you.

The Secretariat has reviewed its caseload to determine the number of claims that may have been withdrawn because of the Administrative Split. We are not always advised as to the reason(s) for withdrawal of claims. We have shared our results with Canada, which will review the claims to determine which are impacted by the Administrative Split.

You can contact Canada directly with questions about whether your claim has been affected by the Administrative Split by sending an e-mail to Administrative.Split@aandc-aadnc.gc.ca

You can also speak with your lawyer, and ask him/her to follow up with the Chief Adjudicator. Claimants who do not have a lawyer should call a Claimant Support Officer. Claimants can reach a Claimant Support Officer by calling the toll-free IAP Info line at 1-877-635-2648.

Canada has indicated that it intends to address the files that were affected by the Administrative Split. They have begun to contact claimants whose claims were affected by the administrative split with a view entering into negotiations to resolve their claims.

You can contact Canada directly with questions about whether your claim has been affected by the Administrative Split by sending an e-mail to Administrative.Split@aandc-aadnc.gc.ca

If your case is confirmed as one that was affected by the Administrative Split, Canada will contact your lawyer to indicate how the claim will be resolved. If you do not have a lawyer, Canada will contact you directly to explain how the claim will be resolved.

If your claim was placed on hold, but Canada has decided that it is not affected by the Administrative Split, it will continue to proceed through the IAP to resolution. Contact your lawyer if you have questions.

Claimants who do not have a lawyer should call a Claimant Support Officer. Claimants can reach a Claimant Support Officer by calling the toll-free IAP Info line at 1-877-635-2648.

Canada has provided a list of the schools that were affected by the Administrative Split to the Indian Residential Schools Adjudication Secretariat. The list is available on the Secretariat website.

Not all of the files that were placed on hold were affected by the Administrative Split. To protect the interests of claimants, some claims that had similar jurisdiction issues were also placed on hold.

Canada also raised objections in cases where abuse occurred after Canada ceased to be solely or partly responsible for the operation of the residence. This was sometimes described as claims involving "Years of Operation". IAP cases involving Years of Operation and Administrative Split objections by Canada were put on hold while Canada conducted its review, on a school by school basis.

If your claim was placed on hold, but Canada has decided that it is not affected by the Administrative Split, it will continue to proceed through the IAP to resolution.

Some claims may be on hold for other reasons as well.

If you have a question about the status of your claim, contact your lawyer, or the IAP Info Line at 1-877-635-2648.

If you have questions about how the Administrative Split may affect your claim, you can contact Canada directly by sending an e-mail to Administrative.Split@aandc-aadnc.gc.ca

If you have questions about the status of your claim, we recommend that you contact your lawyer or call the toll-free IAP Info line at 1-877-635-2648.

Claimants who do not have a lawyer can call a Claimant Support Officer. Claimants can reach a Claimant Support Officer by calling the toll-free IAP Info line at 1-877-635-2648.

Self-represented claimants who believe their claim may be affected by the administrative split should call the toll-free IAP Info line at 1-877-635-2648. Self-represented claimants can also call the IAP Info Line if they have any other questions on the administrative split issue.

The Administrative Split issue is a complex legal issue. If your claim is affected by the administrative split, you will almost certainly need a lawyer to resolve your claim. All of the Parties to the Indian Residential Schools Settlement Agreement recommend that claimants in the IAP obtain legal counsel.

Please call the IAP Info Line at 1-877-635-2648 and ask to speak with a Client Service Officer. A Client Service Officer can help you find a lawyer who will take on your claim.

On February 3, 2017, the Secretariat learned that Canada would address IAP claims affected by the Administrative Split. Canada informed the Secretariat that this would impact approximately 200 claims and 22 schools.

On February 6, 2017, the Secretariat sent a letter to all Claimants’ Counsel advising them that Canada intended to address these claims. A similar version of the letter was posted on our website on Feb 3, 2017.