Tansi Nîtôtemtik,
Last week the release of the Independent Assessment Process (IAP) Final Report marked an important step in the reconciliation process. But before we get too far into the report findings, let's take a step back and talk about the function of the IAP.
Independent Assessment Process (IAP)
In 2007, the implementation of the Indian Residential Schools Settlement Agreement (IRSSA) began. IRSSA was the culmination of collaborative efforts from legal counsel for former students, legal counsel for the Churches, the Assembly of First Nations, other Indigenous organizations and the Government of Canada, with the ultimate goal of bringing “a fair and lasting resolution to the legacy of Indian Residential Schools.” [1] One of the five main elements of IRSSA was an Independent Assessment Process (IAP) for claims of sexual or serious physical abuse. [2] The IAP was set up as a non-adversarial process where victims shared their residential school experiences in private with neutral adjudicators. These adjudicators would then determine if the claim was allowed, and apply a predetermined formula to decide on compensation (as set out in the Settlement Agreement). [3]
Three categories of claims were allowed under the IAP, as follows:
- Sexual and physical assaults, as particularized in the IAP, which were committed by an adult employee of the residential school or another adult who was lawfully on the premises.
- Sexual or physical assaults, as particularized in the IAP, committed by one student against another at residential school, in which case staff knew or should have known about the abuse; or, in serious sexual abuse cases, where reasonable supervision standards were not in place.
- Any other wrongful act or acts committed by an adult employee or another adult lawfully on the premises where the abuse caused serious psychological consequences for the claimant, as particularized in the IAP. [4]
Report findings
In total, the IAP received 38,257 applications. Of those applications, there were 26,693 hearings. 7,075 claims were not admitted, withdrawn or dismissed and the rest of the claims settled through negotiated settlements.[5] The average IAP payment, including legal costs, was $111,265 and the costs of the Independent Assessment Process totaled approximately $4 billion.[6]
The Report noted that there were numerous challenges to the IAP, stemming from the remarkable amount of claims, unexpected procedural and substantive issues, and the different circumstances of individual residential school survivors. [7] One particular issue identified was the misconduct of certain legal counsel during the course of the IAP. One particularly egregious example is a now disbarred Calgary-based lawyer whose firm represented more than 5,600 claimants--the largest caseload of any lawyer involved with the IAP. Rather than fulfilling his role as an advocate for the victims of residential school survivors ethically and respectfully, he mishandled their files and solicited clients using his connection to community organizations. [8] Unfortunately, legal counsel repeatedly took advantage of residential school survivors during the IAP, including another now disbarred lawyer who misappropriated over one million dollars from the IAP claimants he represented.[9]
Feedback on the process was obtained from IAP claimants, and some voiced concerns about the compensation “grid” being overly restrictive, certain losses being very difficult to prove, the exclusion of certain residential schools, and being under compensated compared to what would be given in a court of law.[10]
Regarding the final outcomes, the claimants who were interviewed reported the following:
- Only 60% were satisfied with the decision and the compensation provided;
- Only 52% were satisfied with the timeliness of the IAP; and
- 69% of claimants were satisfied with the time it took to receive compensation: about four months following the decision. [11]
Although the IAP has concluded and the Final Report has been published, the work is far from over. Financial compensation cannot “buy” healing, and it is important to remember that many claims were either not accepted or were excluded from the restrictive criteria of the IAP. Canada still has a lot of work to do, and the repercussions of the residential school system continue to live on.
Thanks for reading,
Team ReconciliAction YEG
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1Government of Canada, “Indian Residential Schools” (21 Feb 2019) online: <https://www.rcaanc-cirnac.gc.ca/eng/1100100015576/1571581687074#sect4>. [IRS Doc]
2Ibid.
3Indian Residential Schools Adjudication Secretariat, “About the Independent Assessment Process” online: < http://www.iap-pei.ca/former-ancien/iap/about-eng.php>.
4IRS Doc, supra note 1.
5Government of Canada, “Statistics on the Implementation of the Indian Residential Schools Settlement Agreement” (21 Feb 2019) online: <https://www.rcaanc-cirnac.gc.ca/eng/1315320539682/1571590489978>.
6Independent Assessment Process Oversight Committee 2021, “Final Report” (March 11, 2021) online(pdf): <http://www.iap-pei.ca/media/information/publication/pdf/FinalReport/IAP-FR-2021-03-11-eng.pdf> at 60.
7Ibid at 38.
8Ibid at 53.
9Ibid at 54.
10Ibid at 66-68.
11Ibid at 68.
