Product Details
0-459-24287-3
Book
Approximately 200 pages
1 volume bound
softcover
2005-12-20
Carswell

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Indian Residential School Abuse Claims - A Lawyer's Guide to the Adjudicative Process
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$156.00
Description
Indian Residential School Abuse Claims – A Lawyer's Guide to the Adjudicative Process is intended to demystify the Alternative Dispute Resolution process for resolving Indian Residential School abuse claims. Lawyers are guided through the intricacies of the ADR process, recently implemented by Canada, from the initial application stage, through the adjudicative hearing, to the decision. Topics addressed include:
  • The Model, which is a codification of the ADR process, is explained in detail
  • Reference is made to adjudicator decisions interpreting ambiguities in the Model
  • An appendix of decisions is included to familiarize lawyers with the amounts of compensation being awarded in the process for various forms of abuse and harm
  • The book canvasses the notion of burden of proof, particularly the concept of plausible link between abuse and harm that is unique to the ADR process
  • Lawyers are shown how adjudicators calculate damages using the Compensation Rules in the Model
  • Lawyers will learn their role at the hearing and the roles of Canada, the churches, the alleged perpetrator and the adjudicator
About the Author
The Honourable Ken R. Halvorson was a Justice of the Court of Queen’s Bench for Saskatchewan for 20 years until his early retirement in 1996. Throughout his career, he was a prolific writer having authored more than 700 judgments, of which some 270 were published in various legal reports. In 1997 and 1998 he was invited to appear before Senate Committees to present his views on proposed legislation. Since his retirement Mr.Halvorson has been engaged in arbitration, mediation and investigative work including retainers from the Department of Fisheries and Oceans, Canada, the Department of Natural Resources, Canada, the Saskatchewan Departments of Health and Justice, the BC Ministry of Agriculture, Food and Fisheries, and from the private bar. Mr. Halvorson is currently a senior adjudicator in the ADR process hearing claims of abuse in Indian Residential Schools.
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