Frequently Asked Questions - Independent Assessment Process - Indian Residential Schools Settlement Agreement
Q.1. What is the Independent Assessment Process?
A.1. The Indian Residential Schools Settlement Agreement (IRSSA) provides for an enhanced alternative dispute resolution process called the Independent Assessment Process (IAP). The IAP is the only way a former student may pursue a sexual or serious physical abuse claim, unless he or she has formally opted out of the IRSSA. Compensation through the IAP is paid at 100% by the government in all cases, following validation of the claim by an independent adjudicator.
Q.2. When can I make a claim in the Independent Assessment Process?
A.2. The deadline has passed. In accordance with the Indian Residential Schools Settlement Agreement (IRSSA), applications will not be accepted after September 19, 2012.
Q.3. Do I need a lawyer to make a claim in the Independent Assessment Process?
A.3. The IAP process can be complex, and you are encouraged to have a lawyer assist you. Lawyers will charge you additional fees for any IAP compensation you receive. Fee arrangements made between former students and their lawyers are private matters in which the government cannot interfere. Schedule "D" of the IRSSA outlines provisions for the review of legal fees where former students are represented by a lawyer.
Q.4. Can a former student apply after the September 19, 2012? Are there any extenuating circumstances?
A.4. No. The IRSSA is a class action settlement of all IRS claims across Canada. It was approved by nine provincial and territorial superior courts. Canada is only one of many parties which negotiated and agreed to the Settlement Agreement and Canada must respect the terms of the original agreement.
Q.5. What is the difference between the IAP and the Common Experience Payment (CEP) process?
A.5. The Indian Residential Schools Settlement Agreement (IRSSA) includes two components that provide financial compensation: the Common Experience Payment (CEP) and Independent Assessment Process (IAP). The CEP is paid to eligible former students who resided at a listed Indian Residential School. The IAP is a claimant-centered, 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.
The Common Experience Payment and Independent Assessment Process application deadline has passed.
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