Adjudicateur en chef adjoint – Processus d’évaluation indépendant - Contrat(s)

Deputy Chief Adjudicator - Independent Assessment Process

1.0 BACKGROUND

The Independent Assessment Process (IAP) is part of the Indian Residential Schools Settlement Agreement (IRSSA) implemented in 2007, and aims to bring a fair and lasting resolution to the harm caused by residential schools. The agreement involved representatives of Aboriginal groups, churches, the government of Canada, and counsel for claimants, and is the largest class action settlement in Canadian history. The IAP was developed as a replacement for the Alternative Dispute Resolution process (also known as the DR Model) which was implemented in 2003.

The IAP provides adjudication of individual claims of abuse arising from, or connected to, the Indian Residential Schools system. The IAP is intended to compensate claims of sexual and serious physical abuse, as well as other wrongful acts which have caused serious psychological consequences to the claimant. In implementing the IAP, the Indian Residential Schools Adjudication Secretariat endeavours to provide a claimant-centered approach, while being neutral and fair to all parties.

Applications were accepted under the IAP for five years from the implementation date of the IRSSA (September 19, 2007) to the application deadline (September 19, 2012). At the drafting of the IRSSA, it was estimated that about 12,500 claims would be processed under the IAP. However, it now appears that the total number of admitted claims will be closer to 35,000. Since 2007, approximately 18,000 claims have had a hearing, paper review or were settled by negotiation. The remaining caseload will need to be resolved before the IAP can be completed. The IRSSA sets volume requirements (2,500 per year) and time limitations (hearing dates offered within nine months of a claim being screened in). The current goal is to complete up to 4,500 claims per year. A key challenge in the coming months and years will be to comply with the IRSSA’s time limitations while dealing with the large volume of cases filed shortly before the application deadline.

The IAP is administered by the Indian Residential Schools Adjudication Secretariat (IRSAS) under the direction of a Chief Adjudicator in an independent, objective and impartial manner. The IRSAS is managed by an Executive Director who oversees the day-to-day operations. The Executive Director reports to the Chief Adjudicator on all operational matters, and to the Deputy Minister of Aboriginal Affairs and Northern Development Canada (AANDC) in the exercise of delegated financial and human resources authorities. In this regard, the Adjudication Secretariat is similar to other courts and tribunals that operate independently within a government administration context.

The IRSAS has an FTE complement of approximately 272 people to screen claims to determine if they fall within the terms of the IAP, receive mandatory documents to ensure claims are hearing-ready, schedule hearing dates, arrange hearing logistics and conduct post-hearing processes leading up to the release of decisions

Under the IAP, compensation follows validation of a claim by an independent Adjudicator and is based on comprehensive definitions of abuse and on a compensation grid contained in the Settlement Agreement. The standard of proof is the balance of probabilities, which is the same as it is in any civil proceeding. However, in most claims the standard of proof required to establish the causal relationship between compensable acts and consequential harms is a ‘plausible link’ as defined in the IRSSA. Hearings are presided over by a neutral third-party – an Adjudicator – who will hear all testimony, will be the sole questioner of all witnesses, determine which facts of the case are proven and prepare a written report with the findings and level of compensation (if any). Where abuse is proven, compensation will be awarded according to a standard compensation framework. The framework contains a common structure to assess the severity of acts alleged and their impacts on each individual. The parties may also choose to settle claims without a hearing.

Further information on the IAP model can be found in the Settlement Agreement. The agreement is posted online at www.residentialschoolsettlement.ca/settlement.html.

2.0 SCOPE OF WORK

The Indian Residential Schools Adjudication Secretariat require the services of one, or more Deputy Chief Adjudicators (DCA) to assist the Chief Adjudicator in implementing the IAP and directing the operations of the Indian Residential Schools Adjudication Secretariat.

3.0 TASKS AND DELIVERABLES

The Deputy Chief Adjudicator must deliver the following:
1. Manage and supervise the work of adjudicators depending on the caseload of the Chief Adjudicator’s office;
2. Assist in the selection of Adjudicators;
3. Oversee the assignment of Adjudicators to hearings and reviews;
4. Assist in the implementation of training programs and administrative measures designed to ensure consistency among the decisions of Adjudicators in the interpretation and application of the IAP;
5. Assist the Chief Adjudicator with the implementation a Code of Ethics and assist in ensuring its compliance;
6. Advise the Chief Adjudicator on an ongoing basis the training and mentoring needs of Adjudicators and assist in developing appropriate programs;
7. Assist Adjudicators with settlement discussions;
8. Preside over hearings;
9. Provide advice to Adjudicators on compliance with the IAP;
10. Prepare for consideration by the Chief Adjudicator and propose instructions to effectively implement the IAP;
11. Receive complaints about the performance of Adjudicators and as appropriate meet with Adjudicators to discuss concerns and develop remedial actions;
12. Communicate with regulatory bodies and law enforcement agencies;
13. Inform the Chief Adjudicator of the performance of Adjudicators;
14. Reviews Adjudicator's decision to ensure that they properly applied the Model to the facts as found by the Adjudicator, and if not, correct the decision;
15. Recommend modifications to the policies and standards of the Secretariat to the Chief Adjudicator, as required;
16. Carry out all other functions assigned by the Chief Adjudicator, and be prepared to act as Chief Adjudicator, in his/her absence, upon request; and
17. Prepare quarterly reports for the Chief Adjudicators on the functioning of the adjudicative process under the IAP, for his/her area of responsibility;
18. Provide legal representation on behalf of the Chief Adjudicator before the Supervising Courts and other courts and tribunals, as required.

In addition to the general tasks listed above, on a regular basis, the Deputy Chief Adjudicator must:
1. Meet with the Chief Adjudicator and the Oversight Committee as required;
2. Provide advice and guidance to Adjudicators on issues that confront them from day to day such as:
a) Interpretation of provisions of the Model,
b) Procedural requirements at a hearing,
c) Acceptable standards of writing decisions both with respect to their findings and the application of them to the requirements of the Model;
3. Participate in periodic meetings with the parties to review the processes or issues arising in their execution; and
4. Interface with IAP Secretariat staff.

The Department intends to award up to two (2) contracts as a result of this proposal call.

This procurement is subject to the Agreement on Internal Trade, North American Free Trade Agreement and World Trade Organization – Agreement on Government Procurement.