In Baxter v. Canada, Winkler J. also expressed concern about the independent assessment process (the process to adjudicate individual claims of abuse) and its administration by Canada. Winkler J. stated at para. 47: The principles engaged on this motion for settlement approval are twofold. First, the settlement must be fair, reasonable [page498] and in the best interests of the class as a whole. Secondly, the court must make its decision on a fully informed basis, bearing in mind that the court has an obligation to oversee the settlement until all of the benefits have been distributed to the class members.
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