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The Oversight Committee Meeting Minutes

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February 2, 2016 - Vancouver BC

Members present

Name Function
Mayo Moran Chair
Les Carpenter Inuit representative
Karen Cuddy Government of Canada representative (by telephone)
Paul Favel Assembly of First Nations representative
Mitch Holash Church representative
David Iverson Church representative
David Paterson Claimant counsel representative
Tara Shannon Government of Canada representative
Diane Soroka Claimant counsel representative

Also present

Name Function
Stacey Lambert Senior Policy and Strategic Advisor, IRSAS (recorder)
Rodger Linka DCA; Chair, Technical Subcommittee (items 1 and 2 only)
Daniel Shapiro Chief Adjudicator
Shelley Trevethan Executive Director, IRSAS

1. 1. Technical Subcommittee Report

Rodger Linka reported on the meeting of the Technical Subcommittee (TSC), held on Monday, February 1, 2016.

Student on Student Admissions

Deanna Sitter reported to the TSC on the status of the Student on Student Admissions project. Canada and the Secretariat have been working together to establish a detailed, searchable database that identifies each decision outstanding. Where an outstanding decision is identified, the Secretariat follows up with the Adjudicator and places a 15-day deadline for the Adjudicator to submit the decision. Once the decision is produced, Canada has committed to a 12-day service standard for priority 1 claims for processing that decision and identifying admissions. Where that decision has included an admission that is relevant to other claims, that admission is shared with the adjudicator and parties of the other claims so that a decision may be rendered in those claims.

Rodger Linka and the members of the Oversight Committee noted the excellent collaboration between the Secretariat and Canada and expressed thanks to Deanna Sitter for her work on this very important project.

Incomplete File Resolution

Rodger Linka reported that the advice provided at the previous Oversight Committee meeting regarding the Incomplete File Resolution (IFR) dismissal direction template was incorporated and the template is now in use. IFR implementation is ongoing, with many claims moving in and out of the process.

Rodger Linka created a document describing how adjudicators are working through each step of the IFR process. TSC members discussed Canada’s view at Step 1 of IFR and Rodger Linka confirmed that much of the communication occurring at Step 1 is informal attempts by the adjudicator to re-engage the claimant in the process.

Complex Track Claims

Currently, for complex track claims, multiple teleconference calls are required prior to hearing, such as the Early Track Assessment and the Case Management Conference Call, resulting in scheduling difficulties and requiring claimants to attend calls on more than one occasion. TSC members approved combining the multiple teleconferences currently required for complex track claims into one teleconference.

2. Approval of Minutes

The committee approved the minutes of the December 8, 2015 meeting with minor amendments.

3. Key Performance Indicators

Shelley Trevethan reviewed significant performance indicators since the December meeting.

4. Executive Director’s Report

Shelley Trevethan noted that there is a growing focus on the Targeted Approaches, as the remaining claims require more individualized approaches to move to resolution.

Reviews of claimant counsel capacity are ongoing but are not raising issues. Firms that may be completing after March 31, 2106 are generally doing so because they have taken on additional self-represented claimants in recent months.

Regarding the IAP Final Report, the Secretariat has been reaching out to Indigenous organizations to set up focus groups and interviews. The first round will occur the week of February 15, 2016 in Vancouver in collaboration with the Indian Residential Schools Survivor’s Society. During that week, focus groups will also be conducted with Resolution Health Support Workers, Cultural Support Officers and Elders. The Chief Adjudicator, Shelley Trevethan and DCA Opekokew met with the Assembly of First Nations, the Native Women’s Association of Canada, and the Inuit Tapiriit Kanatami to introduce the IAP Final Report process and engage input. The Metis National Counsel declined to meet.

Information is being released shortly on the IAP website describing the IAP Final Report process and additional dates for interviews and focus groups are being arranged throughout the country with both claimants and adjudicators. Claimant interviews will also be available by phone and the 1-800 line is being provided in website materials. The Secretariat is considering mail-out questionnaires to claimant counsel and potential focus groups with church representatives, as well as individual interview with past and current Oversight Committee members and others. Interviews have been conducted with Commissioners from the Truth and Reconciliation Commission, and retired representatives from the courts will be asked to do interviews. David Iverson committed to determining representatives for focus groups with the Anglican and Presbyterian churches. Tara Shannon noted that the report is to be focused on the IAP, rather than on the Settlement Agreement as a whole.

4. Chief Adjudicator’s Report

Student-on Student claims have been adjourned until June 2016 to allow for the continued provision of Student-on-Student admissions.

The Lost Claimant Group has received several of the “deemed submitted but not admitted” Blott claims in order to attempt to locate contact information for the claimant. It is anticipated that the Transition Coordinator will be filing a Request for Direction to determine the next steps for individual claims that may not be resolving through regular processes.

The CBC has issued a story with respect to the amount of money spent by Canada on contacting alleged perpetrators. The report states that $1.6 million has been spent on private investigators and that many of the alleged perpetrators will not receive criminal charges. The Chief Adjudicator noted that the Settlement Agreement focused on reconciliation and that the processes outlined in it do not play a role in prosecution.

Karen Cuddy reported that updated school narratives were provided to the Secretariat on January 29, 2016, which include any additional documents that were located with respect to criminal charges.

5. Possible 2017-18 dates for Oversight Committee Meetings

Members agreed to consider dates for 4 meetings to occur in the 2017-2018 fiscal year.

6. Next meeting

The next Oversight Committee meeting is scheduled for Tuesday, April 12, 2016 in Toronto.