Independent Assessment Process
Former Students of Mistassini Hostels
Former students who attended Mistassini Hostels had until September 2, 2013 to apply for the Common Experience Payment (CEP) and the Independent Assessment Process (IAP).
On March 27, 2013, Chief Justice Rolland of the Quebec Superior Court approved an Order allowing former students who resided at Mistassini Hostels to submit applications for the Common Experience Payment (CEP) and the Independent Assessment Process (IAP).
Background: Independent Assessment Process
The deadline for applying for the Independent Assessment Process was September 19, 2012. In accordance with the Indian Residential Schools Settlement Agreement, applications will not be accepted after this date.
The Independent Assessment Process (IAP) is a claimant-centred, non-adversarial, out of court process for the resolution of claims of sexual abuse, serious physical abuse, and other wrongful acts suffered at Indian Residential Schools (IRS).
The IAP is one element of the Indian Residential Schools Settlement Agreement, which is the largest class action settlement in Canadian history and aims to bring a fair and lasting resolution of the legacy of residential schools. The court-approved Settlement Agreement was negotiated by representatives from various Aboriginal organizations, including the Assembly of First Nations, church representatives, legal representatives for former students, and the Government of Canada.
Aboriginal Affairs and Northern Development Canada is responsible for addressing and resolving issues arising from the legacy of Indian Residential Schools and works with former students of Indian Residential Schools, Aboriginal organizations, church representatives, and the Courts, to oversee the timely and effective implementation of the Indian Residential Schools Settlement Agreement.
Update: Independent Assessment Process Claimants represented by Blott and Co. can find information directly on the Indian Residential Schools Adjudication Secretariat website.
Mandate of the Indian Residential Schools Adjudication Secretariat
The mandate of the Indian Residential Schools Adjudication Secretariat is to implement and administer the IAP under the direction of the Chief Adjudicator in an independent, objective and impartial manner.
The IAP compensates for three categories of claims:
- First, 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;
- Second, 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;
- Third, 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.
Independent Assessment Process (IAP) applications were accepted until September 19, 2012. The Indian Residential Schools Settlement Agreement states that no applications will be accepted after this date. The IAP was the only way a former student may pursue a claim of sexual or serious physical abuse, or other wrongful acts, unless they had opted out of the Settlement Agreement. Compensation through the IAP will be paid at 100% by the Government in all cases, following a hearing of the claim by an independent Adjudicator.
CEP application forms are available on the Indian Residential Schools Settlement – Official Court and Service Canada websites, in person at a Service Canada Center or by calling 1-866-879-4913.
IAP Application Forms are available on the Indian Residential Schools Adjudication Secretariat website. For more information, please contact the Adjudication Secretariat directly at 1-877-635-2648.
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