Notices to Counsel

This section contains information for practitioners in the Independent Assessment Process (IAP). The documents listed below provide information on various legal topics related to the IAP, including guidance on the withdrawal of claims, student on student abuse, and updates related to specific schools.

Please check back often as information is added to this section of the website on a regular basis.


Administrative split and deadline for requests for judicial recourse regarding IAP re-review decisions

February 3, 2017

One year ago, I placed a number of Independent Assessment Process (IAP) claims on hold after the Minister of Indigenous and Northern Affairs instructed her officials to conduct an urgent review of administrative splits....more

Supreme Court of British Columbia sets timelines for judicial recourse in respect of decisions of IAP adjudicators

December 8, 2016

In a decision released on November 29, 2016 and cited as Fontaine v. Canada (Attorney General), 2016 BCSC 2218, the Honourable Madam Justice B.J. Brown of the Supreme Court of British Columbia has established timelines for claimants who seek judicial recourse from decisions made within the Independent Assessment Process (IAP)....more

Guidance on Withdrawal of Claims

May 18, 2016

At its April 12, 2016 meeting, the Oversight Committee approved minor revisions to the above Guidance Paper, which reflect the current shorter scheduling time-lines for hearings....more

Changes to scheduling procedures for complex track hearing dates

March 22, 2016

Effective immediately, the scheduling of complex track hearings may occur at the same time as the scheduling of pre-hearing conference calls...more

Changes to Hearing Logistics for Represented Claimants

February 12, 2016

Effective immediately, the minimum timeframe between the date a hearing is set and the date a hearing is held will be reduced for most IAP claims....more

Cases involving Administrative split jurisdictional arguments by Canada

February 10, 2016

The Minister Responsible for Indigenous and Northern Affairs Canada (INAC) has made a commitment in the House of Commons to have officials conduct an urgent review of administrative splits. To this end, while the review is underway, Canada is requesting that any active files that engage an administrative split be adjourned pending the outcome of the review....more

Update on Fort George Anglican IRS

November 24, 2015

Canada had provided the Indian Residential Schools Adjudication Secretariat with a memorandum regarding the Fort George Anglican IRS Administrations, 1968-1975...more

St. Anne’s IRS / Bishop Horden IRS

November 18, 2015

On October 30, 2015, Canada made available to the IAP Secretariat unredacted court documents as well as an updated School Narrative chart regarding St. Anne’s, in which approximately 2,500 unique allegations have now been identified and summarized. The Secretariat has made this new information available on the IAP Decisions Database under the St. Anne’s module...more

Guidance Paper sets out procedures for teleconferences

November 12, 2015

Teleconferences play an important role in resolving claims in the Independent Assessment Process. Failure by counsel to attend a scheduled teleconference can delay the scheduling of a hearing or the resolution of a claim. Recently the number of postponed teleconferences has increased...more

Accessing Public School records in Canada

October 27, 2015

In some IAP cases, a claimant may have difficulty in proving their attendance at an Indian Residential School. There are many possible reasons for this -- records may have been misplaced, destroyed in a fire or other calamity, or, in some cases, names may have changed. Incomplete or poor record keeping could also be to blame...more

FAILURE OF HEARINGS TO PROCEED: Postponement Policy Updated

September 22, 2015

In order to reduce the number of IAP hearings that are postponed, the postponement policy that has been in place since November 2011 has been updated. The Postponement policy provides guidance and various measures to Adjudicators to assist in reducing the number of claims that fail to proceed to hearing....more

Changes to Legal Fee Ruling fillable forms/ Special Directions Clauses

June 4, 2015

A revised fillable form for legal fee rulings is now available on the IAP Website...more

Indian residential school yearbooks

May 25, 2015

When a claim is made in the Independent Assessment Process (IAP), Canada conducts research to ascertain the residence and attendance of the claimant at the Indian Residential School (IRS). Canada also conducts research on any alleged perpetrators named in the IAP application as having abused the claimant....more

Mandatory Setting Down of Hearing Dates

May 8, 2015

On May 11, 2015, the Indian Residential Schools Adjudication Secretariat (IRSAS) will begin the process of setting down hearing dates for all remaining pre-hearing claims in the Independent Assessment Process (IAP)....more

Electronic Document Interchange now used for Decision Review Process

April 22, 2015

In an effort to ensure complete dissemination of information and to reduce the risk of ex parte communications during the Decision Review process, the use of the Electronic Document Interchange (EDI) for this process has been approved by the Oversight Committee....more

School Narratives now being provided via the IAP Decisions Database

April 8, 2015

Please be advised that as of April 7, 2015, the Secretariat will use the Decisions Database to provide the IAP School Narratives for all claims in the IAP....more

Freeze Lifted: Estate Claims can only proceed in specific circumstances

February 2, 2015

A freeze on estate claims in the Independent Assessment Process has been lifted following review and re-review decisions in several important IAP cases by Chief Adjudicator Dan Shapiro. The cases involved IAP claims brought by estates on behalf of deceased claimants. ...more

Updated Notice to Counsel and Adjudicators Handling Cases Involving St. Anne’s IRS

January 21, 2015

On December 19, 2014, Canada replaced two of the redacted supporting documents to the St. Anne's (Fort Albany) IRS school narrative (transcripts of criminal trial proceedings involving two former employees of St. Anne's IRS), with unredacted versions. The document numbers, as referenced in the Narrative List, are FTA-000895 and FTA-002343....more

Notice to Counsel - Interpreter Services in the IAP

December 8, 2014

We have recently introduced changes to improve the quality of interpretation at Independent Assessment Process (IAP) hearings....more

Mandatory Document Submission via Electronic Document Interchange (EDI)

December 5, 2014

The Secretariat is pleased to announce that as of December 8, 2014, we will be accepting the submission of mandatory documents for evidentiary packages electronically via Electronic Document Interchange (EDI)....more

Updated School Narrative for St Anne’s (Fort Albany) IRS

August 20, 2014

Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s IRS in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the Independent Assessment Process (IAP)....more

Notice to Counsel: Desk Guide for Legal Counsel updated; New Features for IFMS

August 18, 2014

The Secretariat is pleased to announce that an updated version of the Desk Guide for Legal Counsel is now available on the IRSAS website....more

Completion strategy visits

July 24, 2014

As a result of court approval, we will be contacting law firms to arrange for in-person visits to discuss the Completion Strategy, provide updates on initiatives we are undertaking to ensure that we have hearing ready files in place, and to discuss issues or timelines for file completion....more

Handling of documents relating to st. anne’s irs

July 2, 2014

Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s IRS in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the Independent Assessment Process (IAP). The documents relate to OPP investigations and criminal trials conducted in the 1990s....more

Student on student master list inquiries

June 27, 2014

Canada has put into place a dedicated email account for enquiries regarding the Student on Student Admissions Master List (this List is now available to Claimant Counsel and Adjudicators on the IAP Decisions Database)...more

Student on student abuse claims

May 9, 2014

Currently, the Secretariat has a project in place to manage remaining claims where allegations of student on student abuse have been made. This project has been developed by the Secretariat and is being monitored through the Technical Sub-Committee of the IAP Oversight Committee....more

Court direction regarding ST. ANNE'S IRS

March 6, 2014

Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s IRS in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the Independent Assessment Process (IAP). The documents relate to Ontario Provincial Police (OPP) investigations and criminal trials conducted in the 1990s....more

Completion strategy

March 6, 2014

On January 28, Chief Adjudicator Dan Shapiro of the Indian Residential Schools Adjudication Secretariat filed three important documents with the Supervising Courts for the Indian Residential Schools Settlement Agreement (IRSSA)...more

Update to Request for Hearing form

January 24, 2014

In an effort to improve our ability to offer claimants the most comfortable and effective hearing possible, the Indian Residential Schools Adjudication Secretariat has updated the “Request for Hearing in the Independent Assessment Process” (Request for Hearing) form....more

Claimant Substitution Policy

January 6, 2014

The IAP Oversight Committee has approved a policy on claimant hearing substitutions, a process where cancelled or postponed hearing dates might be used by another claimant. ...more

Claimant Substitution Policy – FAQ

January 6, 2014

Frequently Asked Questions...more

Notice to Counsel regarding Schedule P Releases for Represented Claimants

November 13, 2013

A Schedule P Release is a legal document that Section 11.02 of the Settlement Agreement requires all Non-Resident Claimants, who wish to proceed in the Independent Assessment Process (IAP), to sign. ...more

Hearings to be cancelled for NSP cases

November 5, 2013

Effective October 1, 2013, hearings for claimants who enter the Negotiated Settlement Process (NSP) will be cancelled....more

Important New Materials Regarding Conduct of Lawyers in the IAP

October 21, 2013

I begin by observing that we are fortunate that the vast majority of lawyers representing claimants in the IAP are diligent and do excellent and highly ethical work. The IAP is a complicated process and former students of residential schools, adjudicators and the Secretariat all benefit from claimants having access to quality legal services. The Secretariat always advises claimants of the importance of retaining counsel....more

New form to request decision review

September 17, 2013

In an effort to ensure speedy processing, the Indian Residential Schools Adjudication Secretariat is introducing a new form for use to request a review of a decision made under the Independent Assessment Process....more

Canada’s Master List of Admissions of Staff Knowledge of Student on Student Abuse

September 4, 2013

The IAP allows compensation to former residents of Indian Residential Schools who suffered abuse by fellow students, if the requirements for compensation have been met. The integrity of the IAP requires that Claimant Counsel are informed of admissions by Canada of staff knowledge of student-on-student abuse and failures of supervision....more

Creation of Legal Changes Unit at IRSAS

August 8, 2013

The Indian Residential School Adjudication Secretariat (IRSAS) has created a new Legal Changes Unit (LCU). It will be responsible for tracking all legal counsel changes and updates. This includes law firm separations (when counsel leaves a firm) and counsel conflicts (such as situations where a claimant appears to be dealing with more than one lawyer)....more

Accelerated Hearing Process

June 27, 2013

The Indian Residential Schools Adjudication Secretariat is introducing an Accelerated Hearing Process (AHP) to maximize the number of hearings that can be held each week....more

Accessing CPP documents

June 26, 2013

We have consulted with Human Resources and Skills Development Canada (HRSDC) to determine the fastest and most efficient way to access Canada Pension Plan Statement of Contributions and Employment History documents. HRSDC has told us that the Department requires certain key pieces of information, sent to a specific HRSDC office, before they can release the documents that your client may require for his or her IAP claim....more

Independent Assessment Process Notice about Estate Claims

April 16, 2013

In the unfortunate event that a claimant should pass away before the claim is resolved, the Adjudication Secretariat has worked with their estate to help prepare the case to be heard by an adjudicator....more

Administration of the IAP Application Deadline

March 19, 2012

Please be advised that the Adjudication Secretariat plans to implement the following procedures to administer the application deadline....more

Important Developments Regarding Short Form Decisions

January 30, 2012

Canada has advised that it is now prepared to instruct its representatives to consent to the use of a SFD in Schedule “P” cases, where all elements.....more

Introduction of a new form for use for IAP claims: Request for Expedited or High Priority Hearing form

January 10, 2012

The Indian Residential Schools Adjudication Secretariat has developed an amended form for use by IAP claimants whose attested health status denotes that they are at risk of losing their capacity to provide the testimony that is critical to the IAP hearing process. The request form has been revised to better enable medical doctors to identify the urgency of a claimant’s need for a hearing...more

Claimant Hearing Preferences form update

December 20, 2010

The former Claimant Hearing Preferences form has been replaced by the new form, "Logistical Requirements for hearings in the Independent Assessment Process (IAP)."...more

Scheduling Around the 2010 Olympic and Paralympic Games

January 20, 2010

The 2010 Olympic and Paralympic Games promise to be an exciting time for the City of Vancouver and all of Canada. However, it is certain that the impact of the games on transportation, accommodation, and availability of participants will affect the Secretariat's ability to hold hearings in the majority of British Columbia throughout the duration of the events...more

Note


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