April 4, 2016
Statement by Chief Adjudicator Dan Shapiro, on the decision by Ontario Court of Appeal on the disposition of Independent Assessment Process (IAP) Records, April 4, 2016
I am pleased with the decision of the Ontario Court of Appeal, which confirms that claimants in the Independent Assessment Process control the stories of their residential school experiences. It reaffirms the Ontario Superior Court of Justice decision that near to absolute confidentiality is a necessary aspect of the IAP.
This will be comforting to thousands of claimants in the IAP and its predecessor the Alternate Dispute Resolution (ADR) process, many of whom were distressed at the prospect that the most personal details of the abuse they suffered at residential schools could one day be made public.
We have always supported the right of claimants to share their stories, and look forward to working with the Assembly of First Nations, the National Centre for Truth and Reconciliation (NCTR) and others to develop a notice program to help make this a reality.
The Chief Adjudicator is studying the decision and will not make any further comments at this time.