1. INDIAN RESIDENTIAL SCHOOL SETTLEMENT AGREEMENT (IRSSA) Regional Chief Norman Yakeleya July 25, 2019
June 20, 2019, Slide 1

2. IRSSA - Background
The implementation of the Indian Residential Schools Settlement Agreement began on September 19, 2007.
IRSSA elements include: (1) a Common Experience Payment for all eligible former students of Indian Residential Schools; (2) an Independent Assessment Process for claims of sexual or serious physical abuse; (3) measures to support healing such as the Indian Residential Schools Resolution Health Support Program and an endowment to the Aboriginal Healing Foundation; (4) commemorative activities; and (5) the establishment of a Truth and Reconciliation Commission,
June 20, 2019, Slide 2

3. Independent Assessment Process
The common experience payment and the Independent Assessment Process were the two components of the IRSSA that provided financial compensation to survivors.
The Independent Assessment Process was supposed to be a claimant-centered, non-adversarial, out-of-court process for the resolution of claims of sexual abuse, serious physical abuse, and other acts suffered by survivors at Indian Residential Schools.
The Independent Assessment Process had not been a perfect process and encountered a number of issues including, but not limited to, predatory lawyers, form fillers, unreasonable fees, and Canada failing to disclose relevant documentation to Claimants.
The deadline for applications to the Independent Assessment Process ended on September 19, However, Kivalliq Hall in Ranklin Inlet was added to the list of eligible schools recently with a deadline for both common expense payment applications and claims of January 25, 2020.
June 20, 2019, Slide 3

4. Status - Independent Assessment Process
As of May 31, 2019, 99% of all Independent Assessment Process claims have been resolved with only 55 claims left in progress.
Close to 89% of all Independent Assessment Process claimants received compensation.
Average Independent Assessment Process payment, including legal costs, is $111,265.
$2.138 billion in total was awarded by adjudicators, with total payments under the IAP of $3.182 Billion.
June 20, 2019, Slide 4

5. AFN Participation
The AFN has participated in multiple Requests for Direction to the court on a range of issues arising during the implementation of the IRSSA, including:
Misapplication of the IRSSA by Independent Assessment Process adjudicators - J.W v. Canada
Form fillers
Conduct of lawyer and excess fees
Canada failing to disclose relevant Independent Assessment Process documents to Claimants
Court reviews of Independent Assessment Process decisions.
June 20, 2019, Slide 5

6. J.W. v. Canada (Attorney General)
J.W., an Independent Assessment Process claimant, was denied compensation as a result of what the AFN viewed as a misapplication of the compensation rules governing the process.
The initial adjudicator effectively mandated a requirement that claimants had to prove a perpetrator’s sexual intent when allegations of inappropriate touching were made.
The Manitoba Queen’s Bench agreed with the Claimant but the Manitoba Court of Appeal overturned their decision on the basis that the adjudicators decision was not a failure to enforce the IRSSA.
June 20, 2019, Slide 6

7. J.W. v. Canada (Attorney General) (cont.)
The AFN participated in the appeal at the Supreme Court of Canada for clarification as whether the adjudicator had misapplied the IRSSA.
Held: The initial adjudicator’s decision was an unauthorized modification of the Independent Assessment Process and that it was inappropriate to require Claimants to prove the sexual intent of the perpetrator.
The AFN continues to advocate for compensation for those whose claims were denied under the Independent Assessment Process as a result of similar errors of law.
June 20, 2019, Slide 7

8. The IAP Notice Plan
The Supreme Court of Canada has decided that all records pertaining to the Independent Assessment Process, including applications, transcripts and decisions, are to be destroyed in September 2027 as the court was of the view that these records belong to the claimants who were promised they would be kept confidential.
The AFN was tasked by the Supreme Court by way of the Notice Plan to provide culturally appropriate support to First Nations people across Canada who participated in either the Independent Assessment Process or Alternative Dispute Resolution.
A helpline was established to provide this information and support to Claimants. The helpline is available to Claimants by telephone at and by at
June 20, 2019, Slide 8

9. The IAP Notice Plan (cont.)
The helpline is tasked with providing information as to the rights of each Independent Assessment Process Claimant with respect to their records, including:
the confidentiality associated with their records;
answering questions about the IRSSA and the responsibilities of the National Centre for Truth and Reconciliation;
the options for the preservation of Independent Assessment Process or Alternative Dispute Resolution records with the National Centre for Truth and Reconciliation;
the withdrawal of consent and removing records from the National Centre for Truth and Reconciliation; and
the right of a Claimant to obtain a copy of their records for their own use.
June 20, 2019, Slide 9

10. All Parties meetings & TRC calls to action
The AFN continues to participate in the IRSSA All Parties’ Working Group. This allows the parties to the IRSSA to come together to review the status of the implementation of the IRSSA and to monitor the progress and response to the TRC’s Calls to Action. Some of the relevant Calls to Action that remain outstanding include:
Call 58 - An apology from Pope for the Catholic Church’s role in Indian Residential Schools – timeline unknown. Currently, the party for the Catholic Church is waiting to hear from the Bishops of Canada, which will be sometime in the Fall of 2019.
Call 46 - Parties to develop and sign a Covenant of Reconciliation. This is still ongoing in its development.
June 20, 2019, Slide 10

11. Relevant TRC calls to action (cont.):
Call 73 - Canada and Churches to establish and maintain an online registry of residential school cemeteries. The National Centre for Truth and Reconciliation is populating its register of student deaths at residential schools. Parks Canada is also working with the Centre on this issue. Churches are working to provide information on burial sites and locations.
Calls 81 and 82 – monuments to be installed in Ottawa and capital cities.
Various Calls to Action for Church parties to develop ongoing education strategies and to adopt and comply with the United Nations Declaration on the Rights of Indigenous Peoples. Faith groups continue to provide ongoing feedback on the implementation of these commitments.
June 20, 2019, Slide 11

12. Questions
June 20, 2019, Slide 12