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Chief Adjudicator - Independent Assessment Process


 
Disclaimer

Header

  Reference Number 266225
  Solicitation Number 20-13-0023
  Organization Name Indigenous and Northern Affairs Canada
Developpement du Nord Canada
  Source ID FD.DP.ON.10892.C79579
  Associated Components Yes

Dates

  Published 2013-04-15
  Revised
  Closing 2013-05-24 03:00 PM Eastern Daylight Saving Time EDT

Details

  Category Professional, Administrative and Management Support Services
  GSINS R0: Professional Services
  Region of Delivery Canada
  Region of Opportunity Canada
  Agreement Type WTO-AGP/NAFTA/AIT
  Tender Type Request for Proposal (RFP)
  Estimated Value $1,000,001 - $5,000,000
  Solicitation Method Open

Notice Description

  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 Chief Adjudicator has a team of six (6) Deputy Chief Adjudicators and approximately 100 Adjudicators.

The IRSAS has a staff 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. IRSAS staff also provide support to self-represented claimants and assist the Chief Adjudicator in matters of policy, communications, stakeholder relations, and outreach.

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.

The Chief Adjudicator is accountable to the IAP Oversight Committee (OC), composed of an independent chair and eight other members, two reflecting the interests of each of the following constituencies: former students, plaintiffs’ counsel, Church entities and Government.

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


2.0    SCOPE OF WORK
    
    The IAP Oversight Committee requires the services of a Chief Adjudicator to implement the IAP and direct the operations of the Indian Residential Schools Adjudication Secretariat (IRSAS).

    2.1 TASKS AND DELIVERABLES
    
    The tasks and deliverables will include, but may not be limited to, the following:
    
1.    Assist in the selection of Adjudicators and Deputy Chief Adjudicators;
2.    Assess, on an ongoing basis, the training and mentoring needs of Deputy Chief Adjudicators and Adjudicators and develop appropriate programs;
3.    Implement training programs and administrative measures designed to ensure consistency among the decisions of Adjudicators in the interpretation and application of the IAP;
4.    Oversee the assignment of Adjudicators to hearings and reviews;
5.    Provide advice to Adjudicators on compliance with the IAP;
6.    Prepare for consideration by the Oversight Committee any proposed instructions to better give effect to the provisions of the IAP;
7.    Receive complaints about the performance of Adjudicators and as appropriate meet with Adjudicators to discuss concerns and develop remedial actions to resolve same;
8.    Conduct reviews to determine whether an Adjudicator’s, or reviewing Adjudicator’s decision properly applied the IAP criteria to the facts as found by the Adjudicator, and if not, to correct the decision;
9.    Oversee the management and ongoing evaluation of all Adjudicators, this may include procurement issues;
10.    Set the policies and standards for the IRSAS;
11.    Work with the Executive Director to direct IRSAS operations and ensure compliance;
12.    Make the final decision on a request by a claimant for a reconsideration of a decision by the IRSAS that their application to the IAP fails to allege matters which can be resolved within it;
13.    Prepare annual reports to the Oversight Committee on the functioning of the adjudicative process under the IAP;
14.    Act as the spokesperson with respect to adjudication issues; and
15.    Carry out all other functions assigned by the IAP.



The Selection Process will be conducted in five (5) stages:

    Stage 1 – Evaluation of Mandatory Criteria;
    Stage 2 – Evaluation of Point Rated Criteria;
    Stage 3 – Reference Check;
    Stage 4 – Top Six (6) candidates will be interviewed for personal suitability;
    Stage 5 – Approval of the selection by the Courts.


In order for proposals to be considered, the following mandatory requirements must be met:

M1.    The proposed resource must have a Law degree from a recognized university with at least fifteen (15) years at the Bar.


M2.    The proposed resource must have at least seven (7) years experience as a member of the judiciary or at least seven (7) years experience in the adjudication of claims involving issues of credibility, causation, damages.

M3.    The proposed resource must demonstrate that he/she has, within the last ten (10) years, a minimum of two (2) years experience in administration. This experience could arise in a number of contexts, such as (a) overseeing the operations of a court, board, tribunal or public inquiry as chair or presiding officer; (b) directing lawyers or staff as managing partner (or equivalent) of a law firm; (c) supervising teaching and administrative staff as chair, dean, or vice president of an academic institution; (d) responsibilities of a senior nature as an administrator for complex legal or justice-related projects; and/or (e) experience equivalent to the above.

M4.    A copy of the c.v. of the proposed resource, and two references who can speak to the personal suitability of the resource must be included in the bid submission.

Additional information:

1.    Individual who is currently engaged as an Adjudicator or Deputy Chief Adjudicator for the Independent Assessment Process can apply under this RFP. If successful under the RFP, their current contract with Canada will be terminated by mutual consent prior to the award of the contract for Chief Adjudicator.

2.    If the bidder is an employee of Canada and is declared as the winning Bidder for the Chief Adjudicator contract, he or she will have to resign from their position with the Federal Government prior to the award of the contract.

3.    Bidders wishing to submit a proposal for more than one individual must submit a separate bid for each individual being proposed. In the event that the proposed individual is successful under this RFP, but subsequently leaves the bidding firm, the ensuing contract will be declared null and void.

4.        The Department intends to award one (1) contract as a result of this proposal call. Due to the sensitive nature of the work to be completed under the contract, sub-contracting of all or any portion of the work is not acceptable.

5.        Bids from individuals involved in the selection process for Chief Adjudicator, including members of the IAP Oversight Committee, employees of the Indian Residential Schools Adjudication Secretariat, the current Chief Adjudicator, the Court Counsel, or the Supervising Judges, will not be accepted.


The Department intends to award one (1) contract 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.


 

Contact(s)

Contracting Authority

  Name Samantha J Walker
  Address 10 Wellington Street
Room 1302
  City Gatineau
  State / Province QC
  Country Canada
  Postal Code K1A 0H4
  Phone 819-994-6724
  Fax 819-953-7830
  Email samantha.walker@aadnc-aandc.gc.ca
  Website URL

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