Notices to Counsel

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.

Requests for Expedited or High Priority hearings form signed by medical doctors may be submitted either at the claim application stage or later in the claim preparation process should the claimant’s health require it. Requests are reviewed and scheduled as most appropriate based on the doctor’s indication of urgency and the availability of suitable hearing dates. It is important to recognize that expedited and high priority hearings do not necessarily result in speeding the claim settlements, but rather are intended to collect and preserve testimony. These processes are explained in greater detail below:

Expedited Hearings are offered to claimants whose health places them at significant risk of dying or otherwise losing the capacity to provide testimony should there be any delay in hearing their testimony. In these circumstances of urgent need, the Secretariat may schedule an immediate hearing in order to record and preserve testimony. Claims are still bound by document requirements as per Schedule D, and document submission must be complete in order to have a decision released.

High Priority Hearings are offered to claimants whose failing health places them at some risk of dying or otherwise losing the capacity to provide testimony should there be delays in hearing their testimony. These claimants receive priority in hearing date scheduling, although they are still bound by mandatory document collection requirements prior to advancing to the scheduling stage.

Standard Priority Hearings are available to claimants who are in stable health and who do not appear to require a hearing in priority over that available to other claimants.

This ‘Request for Expedited or High Priority Hearing’ form is designed to assist the Secretariat in best using the available capacity for providing hearings and is the required format for all such requests.

For further information, please contact the Secretariat’s Case Management Unit at: Gestions_de_cas Case_Management@irsad-sapi.gc.ca.