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The Supreme Court of Canada reinstated a residential school compensation award, finding the adjudicator made an unauthorized modification to the settlement agreement.
The appellant brought a claim under the Independent Assessment Process of the Indian Residential Schools Settlement Agreement, alleging compensable sexual abuse under category SL1.4 when a nun touched his genitals over his clothing while he was a student at a residential school.
The Hearing Adjudicator denied the claim by erroneously importing a requirement of sexual intent not found in SL1.4.
All internal review levels upheld the denial, and the supervising judge at the Manitoba Court of Queen's Bench ordered reconsideration.
The Manitoba Court of Appeal set aside that order, holding the supervising judge had exceeded his jurisdiction.
A majority of the Supreme Court of Canada allowed the appeal and reinstated the reconsideration adjudicator's compensation award, finding that supervising courts have an ongoing duty to intervene where an adjudicator makes an unauthorized modification of the IAP, and that a gap in the IRSSA justified judicial intervention to ensure the appellant received the compensation bargained for.
