Canadian Lawyer

28 S E P T E M B E R 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m to learn about Canada's history with residential schools. "We really can't go forward as a nation without understanding the full legacy of the residential school experience," says Shapiro. "Yes, absolutely it's a painful and dark chapter of our shared history, but it doesn't go away by not knowing about it or addressing it." The Independent Assessment Process is one way for claim- ants, church organizations, the federal government, and even the perpetrators to address the residential school experience. The IAP provides compensation to former students for proven sexual abuse, serious physical abuse, and certain other wrongful acts. The Indian Residential Schools Settlement Agreement also provided the Common Experience Payment for former students. Once a former student proved he or she attended a recognized residential school, he or she would be eligible to receive $10,000 for the first year he or she attended and $3,000 for every year after that. Shapiro describes the CEP settlement as a compensation for "cultural wrongs." The other three components include the Truth and Reconcili- ation Commission, healing, and commemoration initiatives, says Shapiro. In order to qualify for the IAP, a former student had to fill out an application that proved they attended one of the residential schools listed in the settlement agreement. Next, the applicant had to allege an act of abuse that, if proven, is compensable under the IAP. If the application moved forward, then all those involved, including the claimant, churches, and the government, had to provide certain documents under the IAP. "Typically, once those documents are provided, the case goes before an IAP adjudicator," says Shapiro. "The adjudicator gathers sworn or affirmed testimony from the former student, any witnesses, and, in some cases, the alleged per- petrators." Once the allegations are proven, the adjudicator can then award compensation on a scale based on the types of physical and sexual abuse and the loss of probable opportunities. In the standard track for compensation, including future care, the award can be up to $290,000. The complex track includes a probable income loss in which the settlement award can be as much as $445,000. "There is the ability to put forward a claim for actual income loss to a maximum of $250,000. So, in that case, a person would have to have shown that they had a career or employment that was delayed or interrupted as a result of problems from residential school atten- dance. So, in other words, they would have established an earnings history of actual income that was then lost for a period of time," says Shapiro. "I know there have been awards close to if not at the actual maximum. I can't tell you for sure the exact dollar, but there certainly have been awards that have been close to those." IAP adjudicators' responsibilities included reviewing docu- ments related to claims, hearing the testimony of claimants and witnesses in hearings, rendering decisions, and helping parties to talk through a negotiated settlement, as well as reviewing legal fees. There had been some very public issues with some lawyers and others taking advantage of the process and profit- ing at the expense of IAP claimants. In June 2012, the British Columbia Supreme Court ordered the removal of David Blott and Blott & Co. from representing claimants. Honour Walk W W W . L E X P E R T . C A / R I S I N G - S T A R S Untitled-3 1 2015-08-18 4:09 PM

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