Notices to Counsel | IAP and ADR NOTICE PROGRAM

If you are contacted by IAP¹ or ADR² claimants who want to know about their records from those processes, this notice tells you how to find the information you need.

A new website – www.MyRecordsMyChoice.ca — gives IAP and ADR claimants clear information about the disposition of their records and a better understanding of their rights. A variety of documents can be viewed and downloaded, including a poster, a pamphlet and a postcard.

This Notice Program, administered by the Chief Adjudicator of the IAP, came about as a result of requests to the Supervising Courts for directions as to what would happen to IAP records containing claimants’ personal and confidential information after their claims were resolved.

In August 2014, the Eastern Administrative Judge Fontaine v. Canada (Attorney General), 2014 ONSC 4585 (CanLII)³ ruled that the promises of confidentiality made to claimants must be respected, and confirmed that claimants and others identified in IAP records are entitled to privacy. The Court also decided that before records are destroyed, claimants should be notified that they have the right to choose to have four categories of their records preserved at the National Centre for Truth and Reconciliation (NCTR):

1. application forms;
2. transcripts of claimants’ testimony;
3. voice recordings of claimants’ testimony; and
4. compensation decisions.

The Ontario Court of Appeal Fontaine v. Canada (Attorney General), 2016 ONCA 241⁴ mostly affirmed the lower court ruling, but decided that the Notice Program to inform claimants about their rights with respect to disposition of their records would be administered by the Chief Adjudicator. The Court of Appeal also ruled that ADR records would be treated the same as those from the IAP.

On October 6, 2017, the Supreme Court of Canada CanLII - 2017 SCC 47 (CanLII)⁵ affirmed the Eastern Administrative Judge’s order as varied by the Ontario Court of Appeal.

In July 2018, the Eastern Administrative Judge approved details of the Notice Program⁶ to be implemented in January 2019, including a Consent form for use by claimants who wish to preserve their records at the NCTR. The Court also clarified that claimants will have until September 19, 2027 to make that election.

Until September 19, 2027, claimants have choices:

1. They can do nothing, in which case their records will be destroyed at that date;
2. They can ask for a copy for themselves, to do with as they wish; and
3. They can ask to have their records preserved at the NCTR.

These options will be brought to the attention of claimants through the multi-faceted Notice Program administered by the Chief Adjudicator. As part of this program we are reaching out to our partners and stakeholders to ensure they are informed about the resources available to claimants who may want to learn more about their options. These products and resources have also been provided to communities and other stakeholders in the Indian Residential Schools Settlement Agreement.

If you have any questions, or would like to receive an information package by mail, please contact us at 1-877-635-2648 or by email at IAPRecords_DocumentsSAPI@irsad-sapi.gc.ca, or go to www.MyRecordsMyChoice.ca.

Dan Shapiro,
Chief Adjudicator,
Independent Assessment Process

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