Halt ordered to denying residential-school abuse claims on technicality

CANADA
The Globe and Mail

GLORIA GALLOWAY
OTTAWA — The Globe and Mail
Published Thursday, Feb. 11, 2016

The man who oversees the process established to compensate people who were abused at one of Canada’s Indian residential schools has put a hold on all undecided claims in which a technical argument called the “administrative split” is being used to deny a payout.

The Globe and Mail reported last week that as many as 3,000 former students who were abused at schools listed in the Indian Residential Schools Settlement Agreement involving the government, the survivors and the churches that ran the institutions have been denied compensation as a result of the legal strategy by Justice Department lawyers.

Indigenous Affairs Minister Carolyn Bennett has asked her department to conduct an “urgent” review to find out why the claims were denied. The government is not speculating about when that investigation will be complete.

Daniel Shapiro, the chief adjudicator of the Independent Assessment Process (IAP), which was created to allow former students who suffered serious physical or sexual abuse to obtain quick redress without going to court, issued a bulletin to all of his adjudicators saying they should not proceed with cases that could be affected.

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