Publications

WHEN WILL I GET MY DECISION?

Sometimes a decision can be made at the end of the hearing. This can happen if all the necessary documents have been provided and there are no complications, and if you have a lawyer. If a decision was made at the end of your hearing and you signed a “Short Form Decision,” you should receive your copy of the decision within two or three weeks.

But in most cases, the decision comes later. If you are waiting for your decision it is probably because one or more of the steps listed here is being taken, to complete your claim.

MORE DOCUMENTS

If your lawyer or support officer has to collect more medical records or other documents after your hearing, or if Canada needs to do further research, this can take a few weeks or even several months.

EXPERT ASSESSMENT

If you are claiming a physical injury (for example, hearing loss) you may be sent to a doctor for an examination. If you are claiming certain types of psychological harms, you may be sent to meet with a psychologist. The doctor or psychologist will do a report that can help the adjudicator to decide your claim. This can take three to four months.

TESTIMONY BY AN ALLEGED PERPETRATOR OR WITNESS

In some cases, another person will testify after your hearing. This could be the person you accuse of abusing you (the “alleged perpetrator”) or it might be a witness. Your lawyer or support officer will tell you if anyone else will be testifying. This can take several months.

CONTINUATION HEARING

Most hearings take one day or less, but occasionally a claimant is asked to come back to finish testifying another day. This might be several months later.

FINAL SUBMISSIONS

Some cases are more complicated than others. Your lawyer, if you have one, and Canada’s representative may need to take some time to prepare what they want to say to the adjudicator about your claim. The adjudicator may also need time to think about it.

Once the adjudicator has everything that’s needed, it will be time for final submissions. This is when you or your lawyer, if you have one, and Canada’s representative, (and the Church representative, if participating) will tell the adjudicator how they think your claim should be decided. If final submissions are not done on the hearing day when everyone is together, they will be done by telephone conference.

THE DECISION

After final submissions the adjudicator will write your decision. The Secretariat will send a copy of the decision to your lawyer if you have one. If you do not have a lawyer, it will be sent to you by mail, and to your support officer. It usually takes about two months to get the decision, after final submissions are done.

If you think the adjudicator made a mistake and you want another adjudicator to review your decision, your lawyer or your support officer can tell you what to do. You have 30 days from the date your decision was sent to you, to ask for a review. The government and the church also have 30 days to ask for a review by another adjudicator.

WHAT ABOUT MY LEGAL FEES?

If you are awarded compensation, and if you have a lawyer, you will also receive a form in the mail with your decision, asking if you want the adjudicator to examine the fee your lawyer is charging. If your lawyer is suggesting a fee that is higher than the 15% that Canada will pay, and if you return this form, the adjudicator will make sure the fee is both legal, and fair. If it is not, the adjudicator can reduce the amount that the lawyer can charge you.

Even if you do not return the form, the adjudicator will still have a look to make sure the fee seems appropriate.

WHEN WILL I GET MY COMPENSATION?

If the adjudicator decides that you will receive compensation, the government will send an award package to you or to your lawyer, if you have one.

The package includes:

• legal documents that need to be signed with the advice of a lawyer; and
• information on how to find a lawyer, if you don’t have one.

A lawyer is absolutely required at this stage, and Canada will pay the lawyer for this service. When the government receives the completed legal documents from you, it will begin processing the compensation cheque, which will be sent to your lawyer. This takes four to six weeks.

If you don’t have a bank account you may want to open one, to deposit your compensation cheque. Most banks will not charge a fee to deposit your cheque into your own account but they may charge to take money out. When you choose your bank, ask about fees and your best options.

If you have a question about your cheque, please contact your lawyer or your support officer. They will be able to contact the government for information.

WHAT HAPPENS TO MY RECORDS?

The Indian Residential Schools Settlement Agreement says that you can save your IAP or ADR records for history, public education and research at the National Centre for Truth and Reconciliation (NCTR).

The IAP is the Independent Assessment Process for compensation for claims of abuse at residential schools. The ADR was the earlier Alternative Dispute Resolution process.

What are my records?

Your records are:

• your IAP or ADR application form
• the printed record (transcript) of your testimony
• the voice recording of your testimony, and
• the decision on your claim.

What are my choices for my IAP or ADR records?

You can:

• Do nothing: your records will remain confidential and will then be destroyed on September 19, 2027
• Get a copy for yourself to keep or share with others
• Preserve them for history, public education and research at the NCTR
• Get a copy for yourself and preserve them for history, public education and research at the NCTR

The choice is yours and yours alone.

WHAT HAPPENS TO MY RECORDS?

The Indian Residential Schools Settlement Agreement says that you can save your IAP or ADR records for history, public education and research at the National Centre for Truth and Reconciliation (NCTR).

The IAP is the Independent Assessment Process for compensation for claims of abuse at residential schools. The ADR was the earlier Alternative Dispute Resolution process.

What are my records?

Your records are:

• your IAP or ADR application form
• the printed record (transcript) of your testimony
• the voice recording of your testimony, and
• the decision on your claim.

What are my choices for my IAP or ADR records?

You can:

• Do nothing: your records will remain confidential and will then be destroyed on September 19, 2027
• Get a copy for yourself to keep or share with others
• Preserve them for history, public education and research at the NCTR
• Get a copy for yourself and preserve them for history, public education and research at the NCTR

The choice is yours and yours alone.

WHERE CAN I FIND HEALTH SUPPORTS?

Health supports are available. Most health support workers are Aboriginal and they are available to you during all stages of the IAP, including after the hearing. They can provide not only emotional support, but also cultural support services by elders or traditional healers, and professional counselling by psychologists or social workers. For more information about the IRS Resolution Health Support Program please contact the office in your region:

Find out more information at:

www.MyRecordsMyChoice.ca

Or call the information line 1-877-635-2648.

Email us at myrecordsmychoice@irsad-sapi.gc.ca

Or connect with the National Centre for Truth and Reconciliation (NCTR):

call toll free, 1-855-415-4534

email: NCTRrecords@umanitoba.ca

online: www.NCTR.ca

WHAT IF I STILL HAVE QUESTIONS?

• Contact your lawyer, or call our toll-free Information line at 1-877-635-2648.
• You can find information on the Internet, at www.iap-pei.ca.
• If you need emotional help, call the National Crisis Line any time at 1-866-925-4419.