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FAQs

What is the Independent Assessment Process?

The IAP is the new process replacing the former Alternative Dispute Resolution (ADR) program that was previously used to settle claims of sexual abuse (and possibly physical abuse) suffered by former Residential School students.

The new IAP will compensate former Residential School students for sexual abuse, serious physical abuse and certain other wrongful acts which caused serious psychological consequences for the former student. Compensation under the IAP will range from $5,000 to $275,000, depending on the severity of your claim and the legal issues involved.

More may be awarded if you can prove you suffered an income loss as a result of the sexual abuse (and in some cases physical abuse) you experienced at Residential School. The Government is making up to an extra $250,000 available for those proving a loss of income claim. To go for part or all of this $250,000 you hearing process will more closely resemble a court hearing and you will be required to meet a more difficult standard of proof. You will be required to undergo one or more expert assessments and finally you will have to attend a pre-hearing to even get a permission to go after part or all of this $250,000.

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What are the eligible Residential Schools?

A list of the eligible Residential Schools can be found at www.residentialschoolsettlement.ca

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How do I start an IAP application?

An application can be filled out by you but since an IAP application is a legal document, it is strongly advised to seek the help of a lawyer to do so. This is in order to maximize the result of
your claim.

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Who will be at my hearing?

There will be you as well as your lawyer, a representative from the Government of Canada and an adjudicator. The adjudicator will decide your case. You can have a support person such as a family member there with you. A health support worker can be there as well.

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Is my hearing open to public?

No. Your hearing is closed to the public and confidential.

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Will there be lawyers asking me questions?

No. Neither your lawyer nor the government representative will ask you questions. All questions will be asked by the adjudicator.

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What if my English is not good enough or if I am not comfortable speaking English?

What if I am more comfortable speaking my First Nations Language than English?

An interpreter in your native tongue in almost circumstances can be present on your hearing day but also at other stages of your claim. If you need the help of an interpreter, do not hesitate to
contact us.

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How long does the hearing last?

It will depend on many factors including the extent of the abuse you suffered, the breaks you will take during the day, etc. In average a hearing will last from 2 to 5 hours.

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Do I need a witnesses?

Generally, it is not necessary to produce witnesses in these types of cases. You will be likely the only witness we will call. However if in a particular case a witness is needed or if you feel it could be helpful we can explore this further.

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Who are the adjudicators?

They are neutral decision-makers that are selected for their knowledge of and sensitivity to Aboriginal culture and history, their knowledge of and sensibility to sexual and physical abuse issues and their personal suitability including an aptitude for adjudication, fairness, good listening skills, open-mindedness, sound judgment, tact, and comfort with complex and/or sensitive issues. The adjudicators must hold a law degree from a recognized university.

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What is the Complex Track?

The Complex Track applies to all claims alleging Other Wrongful Acts (OWA) or Actual Income Loss. The Complex Track addresses claims in accordance with the same standards a court would apply in like matters. Claims in the Complex Track must be proven to have been caused by one or more events of abuse for which the IAP compensates. Expert assessments are required in the Complex track, unless the parties consent to proceed without them.

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If you wish to obtain any additional information about the Independent Assessment Process, do not hesitate to contact us.

You can also visit the Indian and Northern Affairs's website for more information about the Indian Residential Schools Settlement Agreement and its components.