Notices to Self Represented Claimants
Supreme Court of British Columbia sets timelines for Court review of IAP decisions
December 8, 2016
In a decision released on November 29, 2016, the Honourable Madam Justice B.J. Brown of the Supreme Court of British Columbia has set deadlines for claimants who wish to have a Court review a decision in the Independent Assessment Process (IAP).
Justice Brown found that there are only very limited circumstances when a court can review decisions in the IAP. She set the following timelines for requesting such a review:
- For matters in which a Re-Review decision has not yet been released, the deadline for filing any Request for Decision (RFD) seeking judicial recourse will be 30 days from the release of the Re-Review decision.
- For matters in which a Re-Review decision has already been made, but no request for a Court review has been filed, the deadline for filing any such RFD shall be February 27, 2017, 90 days from the date of her decision (November 29, 2016).
The decision confirms an earlier decision that Claimants can only access judicial recourse in very exceptional circumstances. Claimants who request review by the Courts must first exhaust all review rights within the IAP - first and second review (re-review).
The IAP involves complex legal concepts and processes. This is why every party who signed the Settlement Agreement encourages claimants to hire a lawyer to help with an IAP claim.
You should consult a lawyer if you are considering applying to the courts. The recent British Columbia Supreme Court decision as well as a decision of the Ontario Court of Appeal decided that access to the Courts for a review of an IAP decision will only be granted in exceptional circumstances.
The Indian Residential Schools Adjudication Secretariat cannot provide legal advice.
Self-represented claimants who wish to seek judicial review of an IAP decision should consult with their Claimant Support Officer (CSO), who can provide a list of lawyers accepting referrals for IAP claimants. You can reach your CSO by calling the IAP Info Line at 1-877-635-2648.
Click here for more information on how to apply to court to have your IAP decision reviewed.
For additional information, please consult:
Chief Adjudicator, IAP