Lethbridge Law Firm - Indian Residential School, Independent Assessment Process, IAP

Lethbridge

704 - 6th Avenue S.

Lethbridge, Alberta
T1J 2J3

ph.(403) 329-4311
fax.(403) 329-4343

Raymond

52 Broadway N.
PO Box 259

Raymond, Alberta
T0K 2S0

ph.(403) 752-4800
fax.(403) 752-4815

Indian Residential Schools Independent Assessment Process (IAP) - Frequently Asked Questions

Read our IAP information page.

Letourneau Law has assisted a large number of clients going through the Indian Residential Schools Independent Assessment Process (IAP). The IAP is a secondary part of the recent settlement process dealing with those who attended Residential School. The IAP is not the Common Experience Payment, which was paid out to all attendees of Residential Schools in Canada. The IAP is a process that deals with those attendees of Residential School who were physically or sexually abused while at Residential School.

What is the deadline for my application?

Your application must be submitted before September 19, 2012.

What is the Independent Assessment Process?

The IAP is the new process replacing the former Alternative Dispute Resolution (ADR) program that was previously used to settle claims of sexual abuse (and possibly physical abuse) suffered by former Residential School students.

The new IAP will compensate former Residential School students for sexual abuse, serious physical abuse and certain other wrongful acts which caused serious psychological consequences for the former student. Compensation under the IAP will range from $5,000 to $275,000, depending on the severity of your claim and the legal issues involved.

More may be awarded if you can prove you suffered an income loss as a result of the sexual abuse (and in some cases physical abuse) you experienced at Residential School. The Government is making up to an extra $250,000 available for those proving a loss of income claim. To go for part or all of this $250,000 your hearing process will more closely resemble a court hearing and you will be required to meet a more difficult standard of proof. You will be required to undergo one or more expert assessments and finally you will have to attend a pre-hearing to even get a permission to go after part or all of this $250,000.

Read our IAP information page.

Who can apply under the IAP?

You may have your abuse claim considered in the IAP:
- if you are a former resident of an Indian Residential School and you did not opt-out of the settlement agreement which created this IAP; or
- if you are not a former resident, but were abused after being permitted on the premises of an Indian Residential School by a staff member to take part in an authorized activity and you were under 21 years of age at the time of the abuse; and provided that, in either circumstance, you have not already been compensated for your abuse
claim or it was not dismissed at a trial.

What are the eligible Residential Schools?

A list of the eligible Residential Schools can be found at www.residentialschoolsettlement.ca

How do I start an IAP application?

You can fill out your own application but since an IAP application is a legal document, it is strongly advised by the IAP to seek the help of a lawyer to do so. Doing so can ensure that all information and documentation is properly provided in your application, and will ensure a maximum award for you.

Are there any Legal costs?

If you decide to hire a lawyer to represent you throughout the entire process (which the IAP and Letourneau Law recommends), and you are successful in being awarded compensation by the decision-maker, the government will assist you with your legal bill by adding 15% to your award to help you pay your lawyer. This is on top of the compensation you are entitled to for wrongs you suffered. You will be responsible for paying any additional amount if you have agreed to pay your lawyer more than 15%. Under the IAP, your lawyer may charge you up to 30% of your award (includin the 15% mentioned above), and this is negotiable between you and yuor lawyer.

As well as legal costs, you or your lawyer will be reimbursed for reasonable and necessary out-of-pocket expenses that have been spent in order to participate in this process. In discussion with you or your lawyer, reasonable and necessary amounts will be assessed. If you or your lawyer disagree with the amount, an independent decision-maker will determine the amount. You will have to provide receipts for your expenses to have them paid in this
process.

Read our IAP information page.

What happens at the hearing?

Not every case will go to a hearing. It is possible to negotiate an award. If you do go to a hearing, only four people will be at your hearing. Aside from you, your lawyer, a representative from the government and the adjudicator will be present at your hearing. You can have a support person there with you. A health support worker can also be available at your hearing.

Your hearing is a private matter, and is usually held in a closed hotel conference room to ensure such privacy.

If you desire, a Health Support Worker, who can speak your language can be made available to provide emotional and cultural support.

The only person asking you questions will be the adjudicator. Your lawyer and the representative of the government will not be allowed to ask you questions.

Can I access a Counselor?

Letourneau Law can put you in contact with Health Support professionals if you feel the need to speak to someone. We know that starting a Residential school claim can bring a lot of painful memories and we can arrange for you to see a counselor to reduce some of the stress and anxiety related to your claim.

What if my English is not good enough or if I am not comfortable speaking English?

An interpreter in your native tongue in almost circumstances can be present on your hearing day but also at other stages of your claim. If you need the help of an interpreter, do not hesitate to
contact us.

Read our IAP information page.

Travel Arrangements

We can help you with your travel arrangements for your hearing day. You are allowed to have your hearing in your community but if you wish to have your hearing outside your community we can arrange this for you. If you are successful in receiving an award, these travel costs will be paid for.

Who are the adjudicators?

They are neutral decision-makers that are selected for their knowledge of and sensitivity to Aboriginal culture and history, their knowledge of and sensibility to sexual and physical abuse issues and their personal suitability including an aptitude for adjudication, fairness, good listening skills, open-mindedness, sound judgment, tact, and comfort with complex and/or sensitive issues. The adjudicators must hold a law degree from a recognized university.

Please call us to make an appointment to discuss your IAP application. Letourneau Law will help you all the way through the application and hearing process, and will ensure that you are treated in a dignified manner throughout. We will make sure that your application is put forward in the best way possible, and that you receive the best award possible for your situation.

Read our IAP information page.

You may also wish to visit the Indian Residential Schools Resolution Canada's website for more information about the Indian Residential Schools Settlement Agreement and its components.