Common Contracts
1 similar Indian Residential Schools Settlement Agreement contracts
The Canadian Abridgment eDigests -- Aboriginal LawIndian Residential Schools Settlement Agreement • May 7th, 2018
Indian Residential Schools Settlement Agreement ("IRSSA") is class-action settlement agreement -- Schedule D of IRSSA sets out Independent Assessment Process ("IAP") -- Requestor sought compensation, claiming that she had been subjected to repeated incidents of forced vaginal intercourse by 13-year-old son of two Indian Residential School ("IRS") employees -- Adjudicator dismissed claim -- Requestor brought request for directions -- Request dismissed -- Adjudicator found that, to be "student" under IAP, Canada must stand in loco parentis to boy -- Living, eating, and sleeping at IRS was insufficient -- Given requestor’s conflicting testimony regarding nature of boy’s comings and goings at IRS, she could not conclude that Canada stood in loco parentis to him -- This was squarely within adjudicator’s responsibility and expertise -- Interpretative choices and conclusions made in this case were not exceptionally unreasonable nor did making them constitutes patent disregard for IAP model.
