version 3.2, April 4, 2013
There is an official document governing the Independent Assessment Process. It is Schedule D of the Indian Residential Schools Settlement Agreement. It is available on the web at http://www.iap-pei.ca or by calling 1-866-879-4913. If there are differences between this Guide and the official document, the official document will govern and take priority over this Guide.
All applications to the Independent Assessment Process must be postmarked by September 19, 2012.
Important phone Numbers and Contact Information
Information on the Independent Assessment Process (IAP) and Group IAP
| http://www.iap-pei.ca | 1-877-635-2648 |
Information on the Common Experience Payment (CEP)
| Service Canada | 1-866-699-1742 |
CEP Reconsideration
| The CEP Response Center | 1-866-565-4526 |
For information on the list of Indian Residential Schools
| http://www.residentialschoolsettlement.ca | 1-866-879-4913 |
| http://www.iap-pei.ca |
Information on Health Supports
| http://www.healthcanada.gc.ca/irs |
| Maritime Regions – Nova Scotia, Prince-Edward Island, New Brunswick, Newfoundland and Labrador | 1-866-414-8111 |
| Quebec | 1-877-583-2965 |
| Ontario | 1-888-301-6426 |
| Manitoba | 1-866-818-3505 |
| Saskatchewan | 1-866-250-1529 |
| Alberta | 1-888-495-6588 |
| British Columbia | 1-877-477-0775 |
| Northern Regions – Yukon, Northwest Territories and Nunavut | 1-800-464-8106 |
This Independent Assessment Process (IAP) was created to resolve claims of abuse at Indian Residential Schools. People who suffered sexual abuse, serious physical abuse, or certain other wrongful acts which caused serious psychological consequences may receive money through the IAP.
The IAP is one part of a larger agreement. That agreement is called the Indian Residential Schools Settlement Agreement. It was reached to resolve the legacy of Indian Residential Schools.
The IAP is different from another part of the agreement, the Common Experience Payment (CEP). The CEP provides money to any resident of an Indian Residential School. The IAP provides money to people who experienced serious abuse at Indian Residential Schools.
This Guide will help you understand if you qualify for the IAP. If you do, it will also help you fill out the Application Form to apply for the IAP.
For further information about the IAP, please call the IRS Toll-free Line at 1-866-879-4913.
A- To find out if you qualify for the IAP you must answer ‘yes’ to one of the following two criteria:
_____ YES, you experienced:
OR
_____ YES, you are not a former student or resident, but you experienced:
B- To qualify for the IAP you must also answer ‘yes’ to both of the following criteria:
_____ YES, you have not already received settlement monies for your abuse claim.
AND
_____ YES, your abuse claim was not dismissed at a trial.
Please note: If you settled your claim in the previous Alternative Dispute Resolution (ADR) Process and you signed a release after May 30, 2005, please see Appendix A.
*(To find a list of included Indian Residential Schools, see Appendix G.)
To make an IAP claim, you will have to complete and return the IAP Application Form. You may resolve your claim individually, or you may advance your claim as part of a formally established group of former students who want to help each other through the process.
There are three ways IRS abuse claims are dealt with in the IAP:
The Secretariat deals with most claims in the IAP in what it calls a standard track. The usual process is that the Secretariat deals with your claim at a hearing conducted by a neutral decision maker called an Adjudicator. It may be possible, however, for the Secretariat to resolve your claim without a hearing. This type of resolution uses the information you put in your Application Form and sometimes also informal discussions that supplement the information you put in the Application Form.
The Secretariat uses what it calls a complex issues track if you are:
OR
Hearings, or at least interviews, are necessary for all claims in this track, and certain claims will require more detailed proof than in the standard track. Expert evidence will almost always be necessary.
Finally, if your claim is exceptionally serious or complicated, you may ask the Chief Adjudicator to allow you to bring it to the courts. This approach is available when:
OR
OR
All the parties who developed this Independent Assessment Process believe that claimants should have a lawyer to represent them. The Secretariat has made every effort to create a process that is easy to use, safe, accommodating, and respectful for all participants. However, the IAP is complex and involves difficult legal concepts and processes.
You may advance your claim without a lawyer, but we strongly recommend that you hire a lawyer to help you.
Financial help with legal costs
If you decide to hire a lawyer to represent you throughout the entire process, and the Adjudicator provides you compensation, the government will help you with your legal bill by adding 15% to your compensation to help you pay your lawyer. This is on top of the compensation you would be 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%.
If you hire a lawyer but you don’t receive any compensation from the IAP, you will be responsible to pay your own legal bill.
Also, the government will reimburse you or your lawyer for reasonable out-of-pocket expenses that were necessary for you to participate in this process. In discussion with you or your lawyer, the government will assess reasonable and necessary amounts. If you or your lawyer disagrees with the amount, an independent Adjudicator, upon a claimant’s request or at their own discretion, may review the reasonableness of counsel’s legal fees for conducting the IAP claim. Also, to have your expenses paid in this process, you will have to provide receipts for the expenses.
Communication with your lawyer
Please note that if you are represented by a lawyer, the Secretariat will communicate directly with him or her. The Secretariat does this to respect your relationship with your lawyer and to ensure your lawyer’s ability to represent your best interests. This is a standard practice across Canada for anyone who has hired a lawyer.
Finding a lawyer
The official court website lists lawyers who represent former residential school students and who participated in the settlement agreement which led to the IAP (see http://www.residentialschoolsettlement.ca/lawyers.html. You may also contact your regional law society or lawyer referral service. Appendix C lists these telephone numbers and websites.
Completing the Application Form can be a very emotionally painful process. For that reason, Health Canada and the Adjudication Secretariat have committed to making sure that claimants who are resolving their residential school claims have access to emotional health and wellness support services.
The Resolution Health Support Program provides the following services:
Because the Privacy Act protects personal information, Health Canada needs your written permission to ask other departments for information about you and your claim. If you need to access professional counselling services, you will have to sign a permission form that will be issued to you by Health Canada.
For more detailed information about the Resolution Health Support Program, please visit the Health Canada Web site at http://www.santecanada.gc.ca/pi or call your regional Resolution Health Support Program Coordinator at one of the numbers listed below:
| Atlantic Region: | 1-866-414-8111 |
| Quebec | 1-877-583-2965 |
| Ontario | 1-888-301-6426 |
| Manitoba | 1-866-818-3505 |
| Saskatchewan | 1-866-250-1529 |
| Alberta | 1-888-495-6588 |
| British Columbia Region: | 1-877-477-0775 |
| Northern Region – (Northwest Territories, Yukon and Nunavut): | 1-800-464-8106 |
The purpose of the Guide is to inform you about the Independent Assessment Process and help you complete the Application Form. There is an official document governing the Independent Assessment Process. It is “Schedule D” of the Indian Residential Schools Settlement Agreement. It is available on the web at http://www.iap-pei.ca or by calling 1-866-879-4913. If there are differences between this Guide and the official document, the official document will govern and take priority over this Guide.
The Secretariat will use the information you give in the Application Form to:
Complete all sections of the Application Form that apply to you by giving as much information and detail as you can. Be sure to read and sign the Declaration at the end of the Application Form. If your Application Form is missing information, the Secretariat may ask you to give more details, which may delay the progress of your claim.
The information you give in your Application Form is a very important part of what the person reviewing your case will consider when deciding whether to provide to you compensation and, if you’re successful, how much to provide you. If what you say in the Application Form is different from what you say at a hearing, these differences may hurt your claim, unless there is a good reason for them. These differences may delay your hearing. For example, if you’ve identified a new person who abused you or a more severe level of abuse that requires documents to prove, this may adjourn or delay your hearing. For these reasons, you should take care and time to complete all sections of the Application Form.
If someone other than a lawyer helps you fill out the Application Form, it is important that he or she complete Question 11, Section 1, on page 5 of the Application Form.
Before filling out the Application Form, please remember to:
When filling out the Application Form, remember to:
Read all questions and requests for information carefully before answering.
Please print in black ink or use a black ink pen.
To the best of your ability, answer all the sections of the Application Form that apply to you. If you can’t remember an exact date, you may give an approximate time period. If a section or question does not apply to you or if you don’t know an answer, please write “not applicable” or “don’t know.” Do not guess the answers, but provide as much detail as you remember. If your Application Form is incomplete, the Secretariat may contact you or your lawyer (if you have one) for more details. This may delay the decision about whether the Secretariat will accept your Application into the Independent Assessment Process.
Use as many extra sheets of paper as you need to write complete information about your claim. You may also write notes or draw diagrams or pictures if that helps you to explain your claim. For example, you can draw a diagram or map of where the abuse took place at the residential school or a picture of yourself or others to help explain the abuse.
After filling out the Application Form, also remember to:
Indian Residential Schools Independent Assessment Process
Suite 3-505, 133 Weber Street North,
Waterloo, Ontario
N2J 3G9
Next steps
Depending on the level of compensation you are claiming, you may have to collect and submit mandatory documents listed in Appendix F of this Guide. You do not have to submit the mandatory documents with the Application Form; only later in the process, if you are accepted into the IAP.
If you need to change any information in your Application Form after you have sent it, please immediately inform your lawyer or, if you do not have a lawyer , write the Indian Residential Schools IAP at the address on the previous page. Examples of important changes include a change of address, a change of lawyer, new information about your claim, or if you want to leave a group and proceed by yourself.
Information to help you with each question in the Application Form
This part of the Guide explains the questions in the Application Form and gives you information on how to fill out the Form.
We need the information you give here to research your claim and your school attendance records. We will use your contact information to communicate with you or your lawyer. If you have a lawyer, we will communicate directly with him or her.
Please read Appendix D on pages 30 and 31 of this Guide. Appendix D provides you with options should you want to proceed as a member of an IAP Group.
This information may help the Adjudicator if he or she has any questions about what you write in your Application
These questions help us assess whether your Application Form meets the conditions identified for application in the Settlement Agreement and its priority in the IAP. See page 4 of this Guide for more information on eligibility. We use the following order of priority to screen Applications and schedule hearings:
To decide the priority of claims that are in categories 4 and 5, we may consider the health of alleged abusers who have said they will give evidence at a hearing.
The information in this section helps us research your residential school attendance. It also tells us if you were a residential school student or, if you weren’t, why you were on residential school property.
Please see Appendix G for a list of residential schools and instructions on what to do if your school is not on the list.
Please list the schools you attended (including the province where it is located), beginning with the first school. Add more pages if you went to more schools than there is space to list. Please let us know if you were there some years but not others. Please give us any information you have about your attendance dates. If you don’t remember the exact dates of your attendance, we will use the approximate dates you write down to find and examine your attendance records.
Here we ask you to describe any sexual abuse, serious physical abuse or other wrongful acts (see chart on page 15 of this Guide).
The information you give us in this section will:
This part of the Guide explains how to complete each section in the chart:
In this part of the Guide explains how to complete each section in the chart:
Incident of abuse
Briefly state the kind of abuse, for example: “I was fondled,” or “I was hit and my arm was broken.”
Level of abuse
Please consult the chart on page 15 of this Guide and choose the level that best describes the abuse you suffered. For example, if you were fondled over the clothes, write “SL1”.
Dates
Give the date(s) of the abuse(s). If you don’t know the date(s), write down your age(s) or the grade(s) you were in at the time, as close as you can remember.
Who abused you
The IAP applies to abuse committed by fellow students, residential school employees and certain other adults, depending on why they were at the school. If your abuser was not a student or an employee, please tell us as much as you know about why they were at the residential school or what they were doing there.
This Table asks for brief information about the abuse you suffered. Below is an example of how the table is completed.
| Information about the abuse | ||||
| Incident of abuse | Level of abuse (from page 15 of the Guide) | Approximate date(s) when abuse occurred (month/year) | Who abused you (give the name and if they were an adult at thetime, also give the person’s job or position if you know them) | |
| 1 | Touching under clothing | SL2 | Many times in 1958 | Miss Smith, Adult, dormitory supervisor |
| 2 | Hit on wrist with hockey stick, broken wrist | PL | Once in Fall 1957 | Mr. Thomas, Adult, teacher |
| 3 | ||||
| 4 | ||||
| 5 | ||||
| Level | Description |
| SL5 Sexual abuse level 5 |
|
| SL4 Sexual abuse level 4 |
|
| SL3 Sexual abuse level 3 |
|
| PL Physical abuse |
|
| SL2 Sexual abuse level 2 |
|
| SL1 Sexual abuse level 1 |
|
| OWA Other Wrongful Acts |
|
Please be as specific and detailed as you can in your description of the abuse you suffered. Use your own words, and describe the abuse from your point of view
Using your own words, please describe the following:
If the person or people you identify as having abused you wish(es) to participate in the process, please know that you do not have to come face to face with them.
If you do not know the answers to any of the points above, do not guess. Just provide as much detail as you remember.
NOTE: Instead of completing this question 2, you may attach any transcript of testimony you have given in the past that describes the abuse. Please review the information on the transcript and make ensure that it answers all the points above. If it doesn’t, you can add the necessary information by writing it on a separate document and attaching it to the transcript.
Appendix A contains additional information on how Adjudicators will decide if your claim can lead to compensation.
Please indicate which, if any, of the listed aggravating factors made your abuse worse for you. Check all boxes that describe your experience.
If you were abused by another student, please give us information on:
This page asks you for information about all reports you made to school, church, or government authorities about your abuse by other students while at the residential school. Please give details of every person you reported the abuse to. If you told someone other than an authority, you may consider asking them to be a witness.
If you did not report the abuse but believe that staff at the residential school should have known that students were abusing other students, please give us details of why you believe this.
In this section, please tell us about the emotional or psychological effects of the abuse you suffered at residential school. Also, try to connect these effects to the abuse you described on pages 9 to 12 of the Application Form (especially for physical abuse). Please refer to the chart on page 19 of this Guide before you complete this section of the Application. It will help you focus your descriptions on harms that can lead to compensation in this IAP.
In this section, describe the physical injuries you suffered. Also identify who caused your physical injuries.
In this section, describe the treatment you received for your physical injuries.
If you ever:
please describe the treatment, counselling, or traditional healing you received
Please review the chart on the following page and check the appropriate box in your Application.
| Level of Harm | Description of harm that resulted from your abuse |
| H5 | Continued harm resulting in serious dysfunction. Evidenced by:
|
| H4 | Harm resulting in some dysfunction. Evidenced by:
|
| H3 | Continued detrimental impact. Evidenced by:
|
| H2 | Some detrimental impact. Evidenced by:
|
| H1 | Modest Detrimental Impact. Evidenced by:
|
Please give details of your formal education or other training, or both. Begin with the first school or program you attended. Include any education or training that you started, even if you did not complete it. Also include any courses you applied for but were not accepted into.
Please give details of your work history, including times when you were unemployed and when you were employed. Begin with your first job and end with your most recent job or period of unemployment. If you were ever unemployed, please give the reason(s) why - for each time you were unemployed. For example, tell us if you quit your job, were fired, or became ill (physically, emotionally or psychologically). Also include time spent parenting your children or other children, volunteering, and being self-employed - such as hunting, creating traditional art, or doing other activities.
Please include all income from all sources, including employment, self-employment, social assistance, workers’ compensation, disability benefits, (un)employment insurance, and any other money you earned. If you do not know the information, do not guess. Just provide as much detail as possible.
In this section, please tell us about the opportunities you may have lost because of the effects of your abuse. Loss of opportunity may include not being able to finish an educational program because of the effect(s) of the abuse you suffered at residential school. The abuse may also have affected the level and type of employment you have achieved to date. Your responses in this section will help the Adjudicator understand what income you may have lost because of your abuse.
If you are claiming loss of opportunity or actual income loss, please check the appropriate box. You may only check one box or the other, but not both.
The difference between loss of opportunity and income loss is described on the next two pages.
Loss of opportunity:
Loss of opportunity means that you have had fewer chances (less opportunity) to become as educated/trained or as fully employed as you might have been because of the effects of the abuse you experienced at Indian residential school. In other words, the effects from the abuse you suffered have kept you from reaching a higher level of education or getting a better job.
For example, you may have achieved a certain level of education (perhaps grade 6 or grade 8 or higher), and this may have allowed you to find a certain type of job. But, it may be that the effects of the abuse you suffered are preventing you from getting better educated or trained to get a better job. This could be because you now have trouble concentrating or listening to authority figures after what happened to you at Indian residential school, or for some other reason.
If the effects of the abuse you suffered reduced your chances of becoming better educated/trained or better employed, you may be eligible for compensation for a loss of opportunity.
You must show a connection between the effects of the abuse you suffered and the educational or employment opportunities that you missed out on. This is sometimes difficult to do because it is hard to predict what level of education or employment you may have reached had you not experienced the residential school abuse.
You may have to collect and submit certain documents to help support your claim for loss of opportunity. Examples include treatment records, workers’ compensation records, or income tax records. Since claims for loss of opportunity can be complex, we urge you to hire a lawyer.
If you are claiming Loss of Opportunity, please review the chart below and check the appropriate box in your Application.
| Level | Loss of opportunity |
| OL5 | Chronic inability to get a job |
| OL4 | Chronic inability to keep a job |
| OL3 | Periodic or occasional inability to get or keep a job |
| OL2 | Inability to start or finish education or training, resulting in underemployment or unemployment |
| OL1 | Reduced work capacity – physical strength, or attention span |
Actual income loss:
Actual income loss means that you had a regular paying job but you had to miss work or leave your job because of the effects of the abuse you experienced at Indian residential school. As a result, you lost money that you could have earned had you kept working.
For example, assume you had a regular job for several years and you were earning a regular paycheck of $300 per week. Then, something happened and you began to feel sick or overwhelmed from the effects of your Indian residential school abuse. If you started missing a lot of work because of this, or got fired or had to quit your job because of the effects of the abuse, then the actual income you lost from your job in this example is $300 per week.
You must show a direct connection between the effects of the abuse you suffered and your inability to keep working. That is, you must show that the effects of the abuse caused you to stop working. This is sometimes difficult to do because other things could have made you unable to work.
If you are claiming compensation for actual income loss, your case will go into the complex issues track. In the complex issues track, it may be necessary for you to have an assessment by a doctor or other professional. You will be advised as part of the process if this is necessary in your case. Also, we may require you to collect and submit certain documents to help support your claim. Examples include treatment records, expert assessments, and psychological reports. Since claims for actual income loss can be very complex, we urge you to hire a lawyer.
Your answers in this section will help the Adjudicator decide whether to compensate you for future care costs and, if so, by how much. Think about the abuses you suffered that this IAP compensates for. Please give us information about requirements and plans you have or want for future treatment or counselling to help you live with the results of those abuses.
In deciding whether to provide you compensation to use for future care, the Adjudicator will consider:
To demonstrate your need and genuine desire for care you should give the Adjudicator a well-thought-out plan for the treatment you want. This plan should show how the treatment will help you heal or live with the harms that the abuse caused, and why you are committed to following the plan. If you don’t already have a treatment plan like this, you may want to talk to your medical or counselling professional before you fill out this section.
We will do our best to accommodate your preferences.
Church representatives (but not someone you claim abused you or their counsel) may attend your hearing if they wish. As a party to the process, the church involved in your claim has a right to participate in your hearing and will most likely exercise this right. Where the church chooses not to participate, they may still wish to attend your hearing to witness your evidence and/or provide pastoral support. We will do our best to accommodate your preferences and inform you whether church group(s) will attend your hearing through the Attendance Record before the hearing.
Please read the declaration carefully. It is a legal document that you, the claimant, must sign. Signing it means that you:
A witness must watch the claimant sign the declaration and then sign it him or herself. The witness does not have to read the Application in order to sign.
If a lawyer represents you, your lawyer must also sign this declaration. By doing so, the lawyer confirms that he or she reviewed your Application Form with you after you completed it, to make sure it’s accurate. The lawyer is not certifying that the information is true. He or she is confirming that they reviewed the Application Form completely with you so that the information you gave truly states your actual experience.
If you settled in the ADR process and signed a release after May 30, 2005, you may apply to have the hearing re-opened. You may apply to be considered for additional compensation if either of the following statements applies to your claim:
Or
Or, if the abuser was not an adult employee, was he or she an adult who was lawfully on the premises?
Or, if the abuser was not an adult employee, was he or she an adult who was lawfully on the premises?
Predatory or exploitative sexual assault means either that (1) the abuser was a lot older than the victim or (2) that the abuser used threats, coercion, or violence to commit the assault.
Please note that the fact of a sexual assault taking place at an IRS does not prove that reasonable supervision was not in place.
The IAP intends this category to compensate claimants for wrongful acts that don’t appear in the compensation rules and that have caused the defined level of psychological harms. If you are making a claim in this category but your claim is based on abuses described in another category, the IAP will apply only to that other category.
The IAP handles these claims only in the complex issues track. This is because:
For this category, a wrongful act (other than the specified act of physical abuse of grossly excessive duration and frequency), is one which:
Once this IAP decides that an act or series of acts was wrongful and is not described in another part of the compensation rules, the Adjudicator, unless the parties agree otherwise, must order the necessary psychiatric or medical reports. Those reports establish whether the act or acts caused harms at the H4 or H5 levels,
In all OWA claims, the IAP will use the same standards in the compensation rules as Canadian courts use for proving causation and for deciding compensation in similar cases.
Personal information means information about an identifiable person that is recorded in some way. Some examples of personal information include name, age, income, medical records and school attendance.
We will treat your Application Form with care and confidentiality. This means that security rules are in place to protect your Application Form. The Government of Canada uses the “Protected B” security level for sensitive and personal information. Once you submit it, we will treat your Application Form as a “Protected B” document.
The Privacy Act is the federal law that controls the way the government collects, uses, shares and keeps your personal information. The Privacy Act also allows people to access personal information about themselves.
The Access to Information Act is the federal law that allows access to government information. However, it protects certain kinds of information, including personal information.
We will deal with personal information about you and other people you identify in your claim privately and confidentially. We will do so in accordance with the Access to Information Act, the Privacy Act, and any other applicable law, or we will ask your permission to share information.
In certain situations, the government may have to give personal information to certain authorities. For example, in a criminal case before the courts, the government may have to give information to the police if they have a search warrant. Another example is when the government has to give information to child welfare authorities or the police if the government finds out that a child needs protection. The government will also share personal information with people involved in resolving your claim, as we describe in the section “Sharing your personal information with others” on the next page.
You can find more information about these laws on the internet at: www.priv.gc.ca and www.oic-ci.gc.ca.
Personal information in your Application Form and all documents we gather for your claim are collected only so we can (1) operate and administer this Independent Assessment Process and (2) resolve your residential school claim.
We will review the personal information you give in your Application Form and all documents we gather for your claim. This review lets us find out whether we can admit your claim into this Independent Assessment Process. If your Application can be admitted into this process, we will use the information to research your attendance at the residential school(s) and to find documents relevant to you and your claim.
If a church organization is participating in the resolution of your claim, we will share some of your personal information confidentially with church representatives.
If you ask for counseling support and you give your permission, we will give Health Canada information about your participation in this Independent Assessment Process so that you can receive counseling support.
If the government finds the person who you claim abused you, we will share some of the personal information you have given us with him or her. This will include details of any claims you’ve made against them. This is necessary to give the person a chance to answer your claim. We will also share some of your personal information with witnesses participating in the resolution of your claim. In both situations, we will share only information necessary to answer your claim. We will not share information that identifies your address.
The Adjudicator will receive your personal information before the hearing. This will let him or her review your claim, question you and other witnesses, and decide whether to provide you compensation and, if so, how much.
The Privacy Act requires the government to keep your personal information for at least two years. Currently, the government keeps this information in the National Archives for 30 years, but this practice can change at any time. Only the National Archivist can destroy government records.
If you have any questions about finding a lawyer in your area or how a lawyer represents you, please contact your regional law society or lawyer referral service. The telephone numbers and websites are listed below.
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Group IAP provides an option for individuals who have come together to support each other with the resolution of their IRS abuse claims to proceed through the IAP as an established group.
To proceed as a group, each member must first apply individually to the IAP, in the same manner as any other applicant. Once admitted, claimants may apply to proceed through the IAP as a group if the group meets the following elements:
Groups admitted to the IAP can be supported by funding through a Contribution Agreement, to pay for activities that the group has identified for assistance through the IAP. To support a proposal for a Contribution Agreement, a group must submit a Group Resolution Plan that:
Funding is provided through an agreement with an incorporated organization or entity designated by the group to manage their Group IAP initiative. The amount of funding available is based upon a maximum of $3,500 per group member.
If the proposal to proceed as a group is not accepted, all group members will proceed as individual claimants in the IAP.
If you applied as an individual and now want to be a member of a group, or if you applied as a member of a group and now prefer to proceed in the IAP as an individual, please contact the Adjudication Secretariat office at 1-877-635-2648.
The IAP will compensate the following types of claims:
The IAP refers collectively to these claims as “continuing claims”.
| Level | Acts Proven | Compensation Points |
| SL5 Sexual Abuse Level 5 |
|
45-60 |
| SL4 Sexual Abuse Level 4 |
|
36-44 |
| SL3 Sexual Abuse Level 3 |
|
26-35 |
| PL Physical Assault |
|
11-25 |
| SL2 Sexual Abuse Level 2 |
|
11-25 |
| SL1 Sexual Abuse Level 1 |
|
5-10 |
| OWA Other Wrongful Acts |
|
5-25 |
| Level of Harm | Consequential Harm | Compensation Points |
| H5 | Continued harm resulting in serious dysfunction. Evidenced by:
|
20-25 |
| H4 | Harm resulting in some dysfunction. Evidenced by:
|
16-19 |
| H3 | Continued detrimental impact. Evidenced by:
|
11-15 |
| H2 | Some detrimental impact. Evidenced by:
|
6-10 |
| H1 | Modest Detrimental Impact. Evidenced by:
|
1-5 |
| Aggravating factors Add 5 to 15% of points for Act and Harm combined (rounded up to nearest whole number) |
|
| Future care | Additional compensation(Canadian dollars) |
| General – medical treatment, counselling | up to $10,000 |
| If psychiatric treatment required, cumulative total | up to $15,000 |
| Level | Consequential Loss of Opportunity | Additional Compensation (Points) |
| OL5 | Chronic inability to obtain employment | 21-25 |
| OL4 | Chronic inability to retain employment | 16-20 |
| OL3 | Periodic inability to obtain or retain employment | 11-15 |
| OL2 | Inability to undertake/complete education or training resulting in underemployment, and/or unemployment | 6-10 |
| OL1 | Diminished work capacity – physical strength, attention span | 1-5 |
| Compensation Points | Compensation ($) (Canadian dollars) |
| 1-10 | $5,000-$10,000 |
| 11-20 | $11,000-$20,000 |
| 21-30 | $21,000-$35,000 |
| 31-40 | $36,000-$50,000 |
| 51-60 | $66,000-$85,000 |
| 61-70 | $86,000-$105,000 |
| 71-80 | $106,000-$125,000 |
| 81-90 | $126,000-$150,000 |
| 91-100 | $151,000-$180,000 |
| 101-110 | $181,000-$210,000 |
| 111-120 | $211,000-$245,000 |
| 121 or more | Up to 275 000 $ |
The Adjudicator may decide that you suffered actual income losses (as described by the standards in the complex issues track of this IAP). In that case, an Adjudicator may provide you the amount of those losses up to a maximum of $250,000. This compensation would be in addition to the amount the Adjudicator provides you according to the above “Compensation Points” grid. However, this additional compensation can only happen if you don’t claim compensation points for loss of opportunity.
To decide the amount you receive for actual income loss, the Adjudicator will use the legal analyses and amounts that court decisions have used for similar claims.
Depending on your claim, you may be required to submit certain documents (see below). If you cannot give us these documents, you must explain why.
We do not require you to submit documents to prove the abuse itself. However, you are free to send us documents to support your claim.
Levels 3, 4, and 5
Levels 1 and 2 require no supporting documents.
Levels 3, 4, and 5
Level 2
Level 1 requires no supporting documents.
You don’t have to give us any supporting documents to prove that you’ll need special care in the future. However, you should submit a treatment plan to support your claim for future care if you can or if a lawyer is representing you.
You may submit other documents to support your claim. These might include:
The following are the Indian residential schools that the IAP will consider for your claim. If your claim involves a school that is not on this list, you must take steps to have the school added to the list before the IAP will consider your claim.
You can find the criteria for whether the IAP can add a school to the list at www.irsr.gc.ca (see Article 12.01(2) of the Settlement Agreement). To have a school added, you must give us the name of the school and any information you have about it. To do so, click on the link at www.residentialschoolsettlement.ca/schools.html or write to Residential Schools Settlement, Suite 3-505, 133 Weber St. North, Waterloo, Ontario N2J 3G9.
| School name | School location |
| Alberta Residential Schools | |
| Assumption (Hay Lakes) | Hay Lakes Indian Reserve |
| Blue Quills (Saddle Lake, Lac la Biche, Sacred Heart) | St. Paul |
| Crowfoot (Blackfoot, St. Joseph’s, Ste. Trinite) | Cluny, Blackfoot Reserve |
| Desmarais (Wabiscaw Lake, St. Martin’s Wabasca RC) | Desmarais |
| Edmonton (Poundmaker, a remplacé Red Deer Industrial) | St. Albert |
| Ermineskin (Hobbema) | Hobbema, Ermineskin Reserve |
| Fort Vermilion (St. Henry’s) | Fort Vermilion |
| Grouard (St. Bernard’s, Lesser Slave Lake RC) | Grouard |
| Holy Angels (Fort Chipewyan) | Fort Chipewyan |
| Joussard (St. Bruno’s) | Joussard |
| Lac la Biche (Notre Dame des Victoires) | Lac la Biche |
| Lesser Slave Lake (St. Peter’s) | Lesser Slave Lake |
| Morley (Stony/Stoney, a remplacé McDougall Orphanage) | Morley |
| Old Sun (Blackfoot) | Gleichen, Blackfoot Reserve |
| Sacred Heart (Peigan, Brocket) | Brocket, Peigan Reserve |
| Sarcee (St. Barnabas) | St. Barnabas |
| St. Albert (Youville) | St. Albert |
| St. Augustine (Smoky River) | Smoky River |
| St. Cyprian (Victoria Home, Peigan) | Brocket, Peigan Reserve |
| St. Joseph’s (High River, Dunbow) | High River |
| St. Mary’s (Blood, Immaculate Conception) | Blood Indian Reserve |
| St. Paul’s (Blood CE) | Blood Reserve |
| Sturgeon Lake (Calais, St. Francis Xavier) | Calais |
| Wabasca (St. John’s) | Wabasca |
| Whitefish Lake (St. Andrew’s) | St. Andrew’s Mission |
| British Columbia Residential Schools | |
| Ahousaht | Ahousaht |
| Alberni | Port Alberni |
| Anahim Lake Dormitory (September 1968 to June 1977) | Anahim Lake |
| Cariboo (St. Joseph’s, Williams Lake) | Williams Lake |
| Christie (Clayoquot, Kakawis) | Tofino |
| Coqualeetza | Chilliwack/Sardis |
| Cranbrook (St. Eugene’s, Kootenay) | Cranbrook |
| Kamloops | Kamloops |
| Kitimaat | Kitimaat |
| Kuper Island | Chemainus |
| Lejac (Fraser Lake) | Fraser Lake |
| Lower Post | Lower Post |
| Port Simpson (Crosby Girls School) | Port Simpson |
| St. George’s (Lytton) | Lytton |
| St. Mary’s (Mission) | Mission |
| St. Michael’s (Alert Bay Girls’ Home, Alert Bay Boys’ Home) | Alert Bay |
| Sechelt | Sechelt |
| St. Paul’s (Squamish, North Vancouver) | North Vancouver |
| Manitoba Residential Schools | |
| Assiniboia (Winnipeg) | Winnipeg |
| Birtle | Birtle |
| Brandon | Brandon |
| Churchill Vocational Centre | Churchill |
| Cross Lake (St. Joseph’s, Norway House) | Cross Lake |
| Dauphin (a remplacé McKay) | The Pas / Dauphin, MB |
| Elkhorn (Washakada) | Elkhorn |
| Fort Alexander (Pine Falls) | Fort Alexander |
| Fort Pelly | Fort Pelly |
| Guy (Guy Hill, Clearwater, The Pas, formerly Sturgeon Landing, SK) | The Pas |
| McKay (The Pas, remplacé par Dauphin) | |
| Norway House (Notre Dame Hostel) | Norway House |
| Pine Creek (Camperville) | Camperville |
| Portage la Prairie | Portage la Prairie |
| Sandy Bay | Marius |
| Northwest Territories Residential Schools | |
| Akaitcho Hall (Yellowknife) | Yellowknife |
| Aklavik (Immaculate Conception) | Aklavik |
| Aklavik (All Saints) | Aklavik |
| Deh Cho Hall (Lapointe Hall) | Fort Simpson |
| Foyer fédéral de Fort Franklin | Fort Franklin |
| Fort McPherson (Flemming Hall) | Fort McPherson |
| Fort Providence (Sacred Heart) | Fort Providence |
| Fort Resolution (St. Joseph’s) | Fort Resolution |
| Fort Simpson (Bompas Hall) | Fort Simpson |
| Fort Simpson (Lapointe Hall, Deh Cho Hall) | Fort Simpson |
| Fort Smith (Breynat Hall) | Fort Smith |
| Fort Smith (Grandin College) | Fort Smith |
| Hay River (St. Peter’s) | Hay River |
| Inuvik (Grollier Hall) | Inuvik |
| Inuvik (Stringer Hall) | Inuvik |
| Nova Scotia Residential Schools | |
| Shubenacadie | Shubenacadie |
| Nunavut Residential Schools | |
| Chesterfield Inlet (Turquetil Hall, Joseph Besnier) | Chesterfield Inlet |
| Coppermine (Tent Hostel) | Coppermine |
| Federal Hostel at Baker Lake (Qamani’tuaq) | Qamani’tuaq, Qamanittuaq |
| Federal Hostel at Belcher Islands | Sanikiluaq |
| Federal Hostel at Broughton Island (Qikiqtarjuag) | Qikiqtarjuaq |
| Federal Hostel at Cambridge Bay | Cambridge Bay |
| Federal Hostel at Cape Dorset (Kinngait) | Kinngait |
| Federal Hostel at Eskimo Point (Arviat) | Arviat |
| Federal Hostel at Frobisher Bay (Ukkivik) | Iqaluit |
| Federal Hostel at Igloolik (Iglulik) | Igloolik/Iglulik |
| Federal Hostel at Lake Harbour | Kimmirut |
| Federal Hostel at Pangnirtung (Pangnirtang) | Pangnirtung/Panniqtuuq |
| Federal Hostel at Pond Inlet (Mittimatalik) | Mittimatalik |
| Ontario Residential Schools | |
| Bishop Horden Hall (Moose Fort, Moose Factory) | Moose Island |
| Cecilia Jeffrey (Kenora, Shoal Lake) | Kenora |
| Chapleau (St. Joseph’s, St. John’s) | Chapleau |
| Cristal Lake High School (September 1, 1976 to June 30, 1986) | Cristal Lake |
| Fort Frances (St. Margaret’s) | Fort Frances |
| Fort William (St. Joseph’s) | Fort William |
| McIntosh (Kenora) | McIntosh |
| Mohawk Institute | Brantford |
| Mount Elgin (Muncey, St. Thomas) | Munceytown |
| Pelican Lake (Pelican Falls) | Sioux Lookout |
| Poplar Hill | Poplar Hill |
| St. Anne’s (Fort Albany | Fort Albany |
| St. Mary’s (Kenora, St. Anthony’s) | Kenora |
| Shingwauk | Sault Ste. Marie |
| Spanish Boys School (Charles Garnier, St. Joseph’s) | Spanish |
| Spanish Girls School (St. Joseph’s, St. Peter’s, St. Anne’s formerly Wikwemikong Industrial) | Spanish |
| Stirland Lake High School/Wahbon Bay Academy (September 1, 1971 to June 30, 1991) | Stirland Lake |
| Wawanosh Home ) for the period of January 1, 1879 to August 5, 1892 | |
| Quebec Residential Schools | |
| Amos (St. Marc de Figuery) | Amos |
| Fort George (St. Phillip’s) | Fort George |
| Fort George (St. Joseph’s Mission, Residence Couture, Ste-Thérèse de l’enfant de Jésus) | Fort George |
| Federal Hostel at George River | Kangirsualussuaq |
| Fort George Hostels (Quebec) for the period of September 1, 1975 to June 30, 1978 | Fort George |
| Federal Hostel at Great Whale River (Poste-de-la-Baleine, Kuujjaraapik) | Kuujjuaraapik/Whapmagoostui |
| Federal Hostel at Payne Bay (Bellin) | Kangirsuk |
| Federal Hostel at Port Harrison (Inoucdjouac, Innoucdouac) | Inukjuak |
| La Tuque | La Tuque |
| Mistassini Hostels (for the period of September 1, 1971 to June 30, 1978) | Mistisinni |
| Pointe Bleue | Pointe Bleue |
| Sept-Îles (Seven Islands, Notre Dame, Maliotenam) | Sept-Îles |
| Saskatchewan Residential Schools | |
| Battleford Industrial School for the period of December 1, 1883 to May 31, 1914 | Battleford |
| Beauval (Lac Laplonge) | Beauval |
| Cote Improved Federal Day School, Kamsack, SK (septembre 1928 à juin 1940) | Kamsack |
| Crowstand | Kamsack |
| File Hills | Balcarres |
| Gordon’s | Gordon’s Reserve, Punnichy |
| Lebret (Qu’Appelle, Whitecalf, St. Paul’s High School) | Lebret |
| Marieval (Cowesess, Crooked Lake) | Grayson |
| Muscowequan (Lestock, Touchwood) | Lestock |
| Prince Albert (Onion Lake, St. Alban’s, All Saints, St. Barnabas, Lac La Ronge, Prince Albert Indian Education Centre, Prince Albert Student Residential) | Prince Albert |
| Regina | Regina |
| Round Lake | Stockholm |
| St. Anthony’s (Onion Lake, Sacred Heart) | Onion Lake |
| St. Michael’s (Duck Lake) | Duck Lake |
| St. Philip’s | Kamsack |
| Sturgeon Landing (prédécesseur de Guy, MB) | Sturgeon Landing |
| Thunderchild (Delmas, St. Henri) | Delmas |
| Yukon Residential Schools | |
| Carcross (Chooutla) | Carcross |
| Coudert Hall (foyer/résidence de Whitehorse – remplacé par Yukon Hall) | Whitehorse |
| St. Paul’s Hostel (An IRS between September 1920 and June 1943) | Dawson City |
| Shingle Point (Predecessor to All Saints) | Aklavik |
| Whitehorse Baptist Mission | Whitehorse |
| Yukon Hall (Whitehorse/Protestant Hostel) | Whitehorse |
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