The Independent Assessment Process (“IAP”) - Frequently Asked Questions
Am I eligible to bring a claim under the IAP?
If you were sexually or physically assaulted by an adult employee or student at Indian Residential School, you may be eligible. Please contact a class action lawyer at Thomson Rogers to help you determine your eligibility under the IAP.
How do I bring a claim?
You can bring a claim on your own or with the support of legal representation which is strongly recommended. Once a decision is made to bring a claim, you must complete an application form. If you do not already have a lawyer, please contact a class action lawyer at Thomson, Rogers to assist you with completing an application form.
What happens after I bring a claim?
After a claim is submitted, the Secretariat admits eligible claimants into the IAP and informs them of their admission. Ineligible applicants are told the reason(s) why they are not eligible for the IAP.
Who decides if I am entitled to Compensation?
Generally, a hearing is held before an independent and impartial decision maker, known as an Adjudicator. As a claimant you will describe your residential school experience to the Adjudicator. Witnesses, alleged abusers, and experts may also give information to the Adjudicator and answer questions. The Adjudicator makes a decision on the appropriate compensation level for your claim, after hearing from you or your lawyer.
Where will my hearing be? Can I bring support?
Your hearing may be anywhere you request in Canada. You may bring as much support as you reasonably require. Canada will pay for all reasonable expenses for a Claimant as well as up to two support persons.
Is treatment or counseling available?
The Adjudicator can award up to $10,000 for counseling and up to $15,000 for psychiatric treatment.
How much compensation is available?
It depends on the abuse suffered and the consequences of that abuse on you. The awards range from $5,000 to $275,000 in the most severe cases. Your lawyer should be able to give you a good idea of your likely range of compensation after your IAP hearing.
What are the legal costs of pursuing an IAP claim?
The government of Canada will pay legal costs equal to 15% of any compensation you are awarded. You may be additionally charged up to 15% of the amount you receive in compensation, subject to certain safeguards to ensure that the fees you are charged are fair.
