Notices to Counsel

Completion Strategy Update

August 2, 2017

On May 9, 2017, Dan Shapiro, Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat, filed a report with the Supervising Courts that provided an update to the 2014 document entitled Bringing Closure, Enabling Reconciliation: a plan for resolving the remaining IAP Caseload (also known as the “Completion Strategy”).

This new report, entitled Bringing Closure, enabling reconciliation: Update on the completion strategy for the Independent Assessment Process provides an outline of the progress we have made since the Completion Strategy was first presented in 2014, and the current challenges we are experiencing in the completion of our mandate.

Highlights:

  • At the time that the 2017 report was submitted, 96% of all IAP claims have been resolved (compared to 58% in 2013.)
  • The spring 2016 deadline to hold the last first claimant hearing has been substantially met.
  • Nearing the end of the IAP caseload has meant that the complexity, rather than the volume of the files has become the primary challenge, including loss of participation and/or contact from claimants and claimant counsel.
  • In addition to claims unresolved for these reasons, a number of risk factors beyond the Secretariat’s control pose a risk to the corporate administration and/or completion timelines of the IAP including:
    • Article 12 applications (pending court decisions)
    • Estate claims (where Canada is determining jurisdiction and/or appointing an administrator)
    • Student-on-Student (SOS) claims (waiting for admissions on other files)
    • Administrative split files (pending resolution outside the IAP with Canada)
    • Disposition of Records (pending Supreme Court decision)
    • Judicial Recourse and other Requests for Directions (pending court decisions)
  • Since 2013, a number of measures have been taken to improve claims resolution, including:
    • Expansion of the Accelerated Hearings Process
    • Implementation of Lost Claimant Protocol and Incomplete File Resolution procedure
    • Projects to assist claimants who struggle to represent themselves/obtain counsel
    • SOS Project
    • Updated guidance papers on postponements/failures to attend hearings, teleconferences and expert assessments
    • Creation of the Post Hearing Resolution Unit

Please read the Completion Strategy Update for more details: http://iap-pei.ca/pub-eng.php?act=iapmisc-comp-2017-eng.php