Notices to Counsel

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.

The parties to the Indian Residential Schools Settlement Agreement recognize the importance of transparency and a system for disclosures of Canada’s admissions of IRS staff knowledge of student on student abuse. Canada maintains a Master List of such admissions and has provided it to the Indian Residential Schools Adjudication Secretariat.

In September 2010, the IAP Oversight Committee approved a directive from the Chief Adjudicator (CAD-8) that gave adjudicators the authority to release potentially relevant admissions from the Master List to Claimant Counsel. At that time, the Oversight Committee delegated to the Chief Adjudicator the authority to decide whether, and if so on what terms, the Master List should be made accessible to Claimant Counsel. Following the release of the Chief Adjudicator’s decision on this point on May 9, 2013, the Secretariat will share the list with Claimant Counsel.

In his May 9 decision, the Chief Adjudicator indicated that the Master List would be made available to Claimant Counsel on the IAP Decisions Database, upon Counsel providing an electronic certification and confidentiality undertaking limiting the use of such material. Claimant Counsel will be required to agree to the electronic certification and undertaking before they can access the Master List or any other material on the database. Any breach of this undertaking will be viewed as a very serious breach of professional and ethical standards and followed up on appropriately.

Claimant Counsel who wish to view the student-on-student Master List of admissions must first register for an account on the IAP Decisions Database. If you do not already have an account and you would like one, please send a new account request with your name, email address, and phone number by email to IAPS_Chiefadjudicatorsoffice@irsad-sapi.gc.ca. Crawford Class Action Services will then directly contact you with site and login information.

Please note that the Oversight Committee and the Courts have determined that the IAP Decisions Database is accessible only to lawyers representing parties to active IAP proceedings for the purposes of providing representation to such parties in respect of such proceedings.

Canada has prepared a list of Frequently Asked Questions (FAQs) on the Master List. Canada will update the student-on-student master list of admissions on a bi-monthly basis, if new information is available.

September 4, 2013