Are you aware whether the definition of 2 Removed Child Class in the claims process is different 3 from the definition of the Removed Child Class in the 4 final settlement agreement? 5 A. [...] 8 Where the removal and placement were funded by ISC, 9 Canada will provide the ISC database to the 10 administrator to be used exclusively and relied upon by 11 the administrator for the purpose of administrating the 12 claims process. [...] You provided no example of anyone 16 who's not on the ISC database and the witness has 17 already answered that the database is incomplete and it 18 is the -- it is the expectation -- sorry. [...] I -- I assume the region's 10 still -- they're working as a team and making sure that 11 by the end of this, and their goal is the end of 2025, 12 that all the records they have are going to be shared 13 with the administrator and it will be a part of this 14 database. [...] So this Schedule I 10 has been approved by the Court so we will be 11 implementing it and working with the parties prior to 12 the claims process, it will be communicated to the First 13 Nations across Canada and regional offices, et cetera, 14 of what the more details are about the supports.
- Pages
- 212
- Published in
- Canada
Table of Contents
- Supplemental Motion Record of the First Nations Child and Family Caring Society of Canada 1
- Supplemental Motion Record of the First Nations Child and Family Caring Society of Canada 1
- Table of Contents 4
- TAB 1- Transcript of Cross-Examination of Dianne Corbiere dated May 15, 2024 5
- Exhibit A: November 23, 2023 Calendar Invite with Attachments 50
- TAB 2- Transcript of Cross-Examination of Joelle Gott dated May 21, 2024 65
- Exhibit 1 130
- Exhibit 2 131
- Exhibit 3 134
- Exhibit 4 142
- Exhibit 5 143
- Exhibit 6 145
- Exhibit 7 152
- Exhibit 8 162
- TAB 3- Responding Memorandum of Fact and Law of the First Nations Child and Family Caring Society of Canada 167
- Responding Memorandum of Fact and Law of the First Nations Child and Family Caring Society of Canada 168
- I. Overview 172
- II. Facts 176
- A. Brief History of the Tribunal’s Compensation Orders 176
- B. Understanding the Difference Between ISC Funded Placements and the ISC Database 179
- C. Concerns Regarding the Completeness of the ISC Data 184
- D. Notice Plan and the Opt-Out 187
- E. Caring Society Concerns Regarding the Claims Process During Development 188
- 1. Concerns Raised Regarding Exclusive Reliance on the ISC Database 188
- 2. Concerns Raised About Lack of Adequate, Culturally Sensitive and Available Supports 190
- III. Issues 197
- IV. Submissions 197
- A. Legal Approach to the Claims Process 197
- B. The Claims Process Must Provide a Pathway to Compensation for all Removed Child Class Members 197
- 1. Exclusive Reliance on the ISC Database is Not in Keeping with the Tribunal’s Orders or the FSA 198
- 2. Expert Concerns with the Quality of the Data 202
- C. Questions About a Trauma-Informed Survivor Focused Approach to Abuse 204
- D. Claims Process is Incomplete Without Robust Supports 206
- V. Orders Sought 208
- SCHEDULE A – LIST OF AUTHORITIES 211
