Notices to Counsel
This section contains information for practitioners in the Independent Assessment Process (IAP). The documents listed below provide information on various legal topics related to the Independent Assessment Process, including guidance on the withdrawal of claims, student on student abuse, and updates related to specific schools.
Please check back often as information is added to this section of the website on a regular basis.
Admission Requirements for Estate Claims
February 20, 2019
By 2017, there were conflicting IAP decisions on whether a former student was required to have signed an IAP application, or whether a family member could sign......moreIAP and ADR NOTICE PROGRAM
January 24, 2019
If you are contacted by IAP or ADR claimants who want to know about their records from those processes, this notice tells you how to find the information you need......moreNotice to Counsel: Possible Interruption of mail service
October 22, 2018
In the event of a full disruption in postal services, the Indian Residential Schools Adjudication Secretariat (IRSAS or the Secretariat) has put in place contingency measures to ensure that hearings under the Independent Assessment Process can continue and that claimants’ expense claims are dealt with in a timely manner....moreThe Deadline to submit materials in support of the admission to the Independent Assessment Process (IAP) of unresolved applications has been extended for certain files handled by the law firm of Blott and Company
July 18, 2018
On June 29, 2018, the Supreme Court of British Columbia issued an order extending the deadline to submit materials in support of the admission of Independent Assessment Process applications into the IAP......moreAll Decisions from Estate Pre-Hearing Teleconferences to be produced by September 30, 2018
June 28, 2018
With more than 99% of all claims resolved, the Independent Assessment Process (IAP) is winding down. The IAP Oversight Committee has determined that December 1, 2018 is the last day for first claimant hearings to be held......moreSettlement of certain student-on-student abuse claims
March 16, 2018
On March 13, 2018, Minister Bennett released a statement that included: “… the government believes that there are some instances where Indian Residential School survivors who suffered abuse at the hands of fellow students may not have received fair compensation... ...moreCompletion Strategy Update
August 2, 2017
This new report, entitled Bringing Closure, enabling reconciliation: Update on the completion strategy for the IAP 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....moreReconsideration Deadline for IAP claims dismissed through the Incomplete File Resolution (IFR) procedure extended
July 13, 2017
The deadline to request reconsideration for IAP claims dismissed through the Incomplete File Resolution (IFR) procedure has been extended to June 1, 2018. ...moreAdministrative split and deadline for requests for judicial recourse regarding IAP re-review decisions
February 3, 2017
One year ago, I placed a number of IAP claims on hold after the Minister of Indigenous and Northern Affairs instructed her officials to conduct an urgent review of administrative splits....moreSupreme Court of British Columbia sets timelines for judicial recourse in respect of decisions of IAP adjudicators
December 8, 2016
In a decision released on November 29, 2016 and cited as Fontaine v. Canada (Attorney General), 2016 BCSC 2218, the Honourable Madam Justice B.J. Brown of the Supreme Court of British Columbia has established timelines for claimants who seek judicial recourse from decisions made within the IAP....moreGuidance on Withdrawal of Claims
May 18, 2016
At its April 12, 2016 meeting, the Oversight Committee approved minor revisions to the above Guidance Paper, which reflect the current shorter scheduling time-lines for hearings....moreChanges to scheduling procedures for complex track hearing dates
March 22, 2016
Effective immediately, the scheduling of complex track hearings may occur at the same time as the scheduling of pre-hearing conference calls...moreChanges to Hearing Logistics for Represented Claimants
February 12, 2016
Effective immediately, the minimum timeframe between the date a hearing is set and the date a hearing is held will be reduced for most IAP claims....moreCases involving Administrative split jurisdictional arguments by Canada
February 10, 2016
The Minister Responsible for Indigenous and Northern Affairs Canada (INAC) has made a commitment in the House of Commons to have officials conduct an urgent review of administrative splits. To this end, while the review is underway, Canada is requesting that any active files that engage an administrative split be adjourned pending the outcome of the review....moreUpdate on Fort George Anglican Indian Residential School
November 24, 2015
Canada had provided the Indian Residential Schools Adjudication Secretariat with a memorandum regarding the Fort George Anglican Indian Residential School Administrations, 1968-1975...moreSt. Anne’s Indian Residential School / Bishop Horden Indian Residential School
November 18, 2015
On October 30, 2015, Canada made available to the IAP Secretariat unredacted court documents as well as an updated School Narrative chart regarding St. Anne’s, in which approximately 2,500 unique allegations have now been identified and summarized. The Secretariat has made this new information available on the IAP Decisions Database under the St. Anne’s module...moreGuidance Paper sets out procedures for teleconferences
November 12, 2015
Teleconferences play an important role in resolving claims in the IAP. Failure by counsel to attend a scheduled teleconference can delay the scheduling of a hearing or the resolution of a claim. Recently the number of postponed teleconferences has increased...moreAccessing Public School records in Canada
October 27, 2015
In some IAP cases, a claimant may have difficulty in proving their attendance at an Indian Residential School. There are many possible reasons for this -- records may have been misplaced, destroyed in a fire or other calamity, or, in some cases, names may have changed. Incomplete or poor record keeping could also be to blame...moreFAILURE OF HEARINGS TO PROCEED: Postponement Policy Updated
September 22, 2015
In order to reduce the number of IAP hearings that are postponed, the postponement policy that has been in place since November 2011 has been updated. The Postponement policy provides guidance and various measures to Adjudicators to assist in reducing the number of claims that fail to proceed to hearing....moreChanges to Legal Fee Ruling fillable forms/ Special Directions Clauses
June 4, 2015
A revised fillable form for legal fee rulings is now available on the IAP Website...moreIndian residential school yearbooks
May 25, 2015
When a claim is made in the IAP, Canada conducts research to ascertain the residence and attendance of the claimant at the Indian Residential School (IRS). Canada also conducts research on any alleged perpetrators named in the IAP application as having abused the claimant....moreMandatory Setting Down of Hearing Dates
May 8, 2015
On May 11, 2015, the Indian Residential Schools Adjudication Secretariat (IRSAS) will begin the process of setting down hearing dates for all remaining pre-hearing claims in the IAP....moreElectronic Document Interchange now used for Decision Review Process
April 22, 2015
In an effort to ensure complete dissemination of information and to reduce the risk of ex parte communications during the Decision Review process, the use of the Electronic Document Interchange (EDI) for this process has been approved by the Oversight Committee....moreSchool Narratives now being provided via the IAP Decisions Database
April 8, 2015
Please be advised that as of April 7, 2015, the Secretariat will use the Decisions Database to provide the IAP School Narratives for all claims in the IAP....moreFreeze Lifted: Estate Claims can only proceed in specific circumstances
February 2, 2015
A freeze on estate claims in the Independent Assessment Process has been lifted following review and re-review decisions in several important IAP cases by Chief Adjudicator Dan Shapiro. The cases involved IAP claims brought by estates on behalf of deceased claimants. ...moreUpdated Notice to Counsel and Adjudicators Handling Cases Involving St. Anne’s Indian Residential School
January 21, 2015
On December 19, 2014, Canada replaced two of the redacted supporting documents to the St. Anne's (Fort Albany) Indian Residential School narrative (transcripts of criminal trial proceedings involving two former employees of St. Anne's Indian Residential School), with unredacted versions. The document numbers, as referenced in the Narrative List, are FTA-000895 and FTA-002343....moreNotice to Counsel - Interpreter Services in the IAP
December 8, 2014
We have recently introduced changes to improve the quality of interpretation at IAP hearings....moreMandatory Document Submission via Electronic Document Interchange (EDI)
December 5, 2014
The Secretariat is pleased to announce that as of December 8, 2014, we will be accepting the submission of mandatory documents for evidentiary packages electronically via Electronic Document Interchange (EDI....moreUpdated School Narrative for St Anne’s (Fort Albany) Indian Residential School
August 20, 2014
Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s Indian Residential School in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the IAP....moreNotice to Counsel: Desk Guide for Legal Counsel updated; New Features for Interactive File Management System
August 18, 2014
The Secretariat is pleased to announce that an updated version of the Desk Guide for Legal Counsel is now available on the IRSAS website....moreCompletion strategy visits
July 24, 2014
As a result of court approval, we will be contacting law firms to arrange for in-person visits to discuss the Completion Strategy, provide updates on initiatives we are undertaking to ensure that we have hearing ready files in place, and to discuss issues or timelines for file completion....moreHandling of documents relating to St. Anne’s Indian Residential School
July 2, 2014
Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s Indian Residential School in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the IAP. The documents relate to OPP investigations and criminal trials conducted in the 1990s....moreStudent on student master list inquiries
June 27, 2014
Canada has put into place a dedicated email account for enquiries regarding the Student on Student Admissions Master List (this List is now available to Claimant Counsel and Adjudicators on the IAP Decisions Database...moreStudent on student abuse claims
May 9, 2014
Currently, the Secretariat has a project in place to manage remaining claims where allegations of student on student abuse have been made. This project has been developed by the Secretariat and is being monitored through the Technical Sub-Committee of the IAP Oversight Committee....moreCourt direction regarding St. Anne's Indian Residential School
March 6, 2014
Justice Perell of the Ontario Superior Court of Justice ruled on January 14, 2014 that certain documents related to St. Anne’s Indian Residential School in Fort Albany Ontario be released by Canada and by the Ontario Provincial Police (OPP) for use in the IAP. The documents relate to Ontario Provincial Police (OPP) investigations and criminal trials conducted in the 1990s....moreCompletion strategy
March 6, 2014
On January 28, Chief Adjudicator Dan Shapiro of the Indian Residential Schools Adjudication Secretariat filed three important documents with the Supervising Courts for the Indian Residential Schools Settlement Agreement (IRSSA...moreUpdate to Request for Hearing form
January 24, 2014
In an effort to improve our ability to offer claimants the most comfortable and effective hearing possible, the Indian Residential Schools Adjudication Secretariat has updated the “Request for Hearing in the Independent Assessment Process” (Request for Hearing) form....moreClaimant Substitution Policy
January 6, 2014
The IAP Oversight Committee has approved a policy on claimant hearing substitutions, a process where cancelled or postponed hearing dates might be used by another claimant. ...moreClaimant Substitution Policy – FAQ
January 6, 2014
Frequently Asked Questions...moreNotice to Counsel regarding Schedule P Releases for Represented Claimants
November 13, 2013
A Schedule P Release is a legal document that Section 11.02 of the Settlement Agreement requires all Non-Resident Claimants, who wish to proceed in the IAP, to sign. ...moreHearings to be cancelled for NSP cases
November 5, 2013
Effective October 1, 2013, hearings for claimants who enter the Negotiated Settlement Process (NSP) will be cancelled....moreImportant New Materials Regarding Conduct of Lawyers in the IAP
October 21, 2013
I begin by observing that we are fortunate that the vast majority of lawyers representing claimants in the IAP are diligent and do excellent and highly ethical work. The IAP is a complicated process and former students of residential schools, adjudicators and the Secretariat all benefit from claimants having access to quality legal services. The Secretariat always advises claimants of the importance of retaining counsel....moreNew form to request decision review
September 17, 2013
In an effort to ensure speedy processing, the Indian Residential Schools Adjudication Secretariat is introducing a new form for use to request a review of a decision made under the Independent Assessment Process....moreCanada’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....moreCreation of Legal Changes Unit at the Indian Residential Schools Adjudication Secretariat (IRSAS)
August 8, 2013
The Indian Residential Schools Adjudication Secretariat (IRSAS) has created a new Legal Changes Unit (LCU). It will be responsible for tracking all legal counsel changes and updates. This includes law firm separations (when counsel leaves a firm) and counsel conflicts (such as situations where a claimant appears to be dealing with more than one lawyer....moreAccelerated Hearing Process
June 27, 2013
IRSAS is introducing an Accelerated Hearing Process (AHP) to maximize the number of hearings that can be held each week....moreAccessing CPP documents
June 26, 2013
We have consulted with Human Resources and Skills Development Canada (HRSDC) to determine the fastest and most efficient way to access Canada Pension Plan Statement of Contributions and Employment History documents. HRSDC has told us that the Department requires certain key pieces of information, sent to a specific HRSDC office, before they can release the documents that your client may require for his or her IAP claim....moreIndependent Assessment Process Notice about Estate Claims
April 16, 2013
In the unfortunate event that a claimant should pass away before the claim is resolved, the Adjudication Secretariat has worked with their estate to help prepare the case to be heard by an adjudicator....moreAdministration of the IAP Application Deadline
March 19, 2012
Please be advised that the Adjudication Secretariat plans to implement the following procedures to administer the application deadline....moreImportant Developments Regarding Short Form Decisions
January 30, 2012
Canada has advised that it is now prepared to instruct its representatives to consent to the use of a SFD in Schedule “P” cases, where all elements...moreIntroduction of a new form for use for IAP claims: Request for Expedited or High Priority Hearing form
January 10, 2012
The Indian Residential Schools Adjudication Secretariat has developed an amended form for use by IAP claimants whose attested health status denotes that they are at risk of losing their capacity to provide the testimony that is critical to the IAP hearing process. The request form has been revised to better enable medical doctors to identify the urgency of a claimant’s need for a hearing...moreClaimant Hearing Preferences form update
December 20, 2010
The former Claimant Hearing Preferences form has been replaced by the new form, "Logistical Requirements for hearings in the IAP."...moreScheduling Around the 2010 Olympic and Paralympic Games
January 20, 2010
The 2010 Olympic and Paralympic Games promise to be an exciting time for the City of Vancouver and all of Canada. However, it is certain that the impact of the games on transportation, accommodation, and availability of participants will affect the Secretariat's ability to hold hearings in the majority of British Columbia throughout the duration of the events...moreNote
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