Background on Residential School Settlements
As part of the May 6, 2006 agreement reached to resolve Indian Residential Schools claims in Canada, provisions were adopted by all the parties to award Common Experience Payment (CEP) claims and Independent Assessment Process (IAP) claims.
IAP claims are intended to provide compensation to Residential School survivors for sexual or physical abuse or other wrongful acts causing serious psychological effects that they experienced when they were attending residential schools.
Dan Ish, the Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat, has said that they "strongly recommend and encourage former students to retain legal counsel to assist them through the process."
Canada has agreed to make a contribution to IAP claimants' lawyers for legal fees in the amount of 15% of the compensation award made to an individual claimant. Lawyers are entitled to charge up to 30% of any compensation awarded as legal fees. Where private lawyers charge more than 15%, the survivor will be billed for the extra amount.
WHY PIVOT LEGAL SOCIETY IS ASSISTING RESIDENTIAL SCHOOLS SURVIVORS
As a non-profit legal advocacy organization located in Vancouver's Downtown Eastside, aboriginal organizations and individuals have been making enquiries as to whether or not we will represent Indian Residential School survivors in their claims for compensation.
We believe that the Indian Residential Schools Settlement Process has been a long time coming and that survivors of the Residential Schools should be given compassionate and competent assistance in facing the challenge of making a claim for compensation.
We want to do what we can to make this process work for survivors.
Pivot Legal will not charge Residential Schools survivors legal fees for advancing their claims. We are committed to limiting our legal fees to the 15% of compensation awarded (at the conclusion of a successful hearing or settlement, or following review of an adjudicator's decision) - the amount the Government of Canada will pay as a contribution to legal fees. Disbursements, such as the cost of obtaining treatment records, are also paid for by the Government of Canada.