Question Period Note: St. Anne’s Fresh Evidence RFD

• Canada has complied with all court orders regarding Independent Assessment Process documents for St. Anne’s Indian Residential School.

• The courts, including Justice Perell, have upheld Canada’s actions regarding document disclosure since 2015, even saying that “the evidence shows that Canada has kept and continues to keep its promise”.

• Canada remains committed to doing what is right for survivors and their healing journeys.

• 96% of all claimants from St. Anne’s Residential School have received compensation. Individual survivors of St. Anne’s were awarded compensation commensurate with survivors of other Indian Residential Schools.

Background

On May 12, 2020, Fay Brunning filed a Request for Direction on behalf of all St. Anne’s IAP claimants seeking that the Ontario Superior Court and the Chief Adjudicator enforce the January 2014 and June 2015 Ontario Superior Court decisions on Canada’s failure to disclose documents related to ONSC civil pleadings, transcripts of criminal proceedings and OPP documents that contained details of child abuse and information about St. Anne’s Persons of Interest. The RFD maintains that Canada has failed to provide revised St. Anne’s Persons of Interest reports, St. Anne’s revised School Narrative and related documents that would have benefited St. Anne’s claimants during the IAP. More specifically, the RFD seeks the following direction:

• the ONSC and Chief Adjudicator enforce the 2014 and 2015 Ontario Superior Court decisions compelling Canada to provide the IRSAS with the revised St. Anne’s Person of Interest reports, the 2015 School Narrative and related documents for each St. Anne’s claim that may not have benefited from this material during the IAP;

• the Chief Adjudicator and the IRSAS provide written notice to each St. Anne’s IAP claimant whose claim was heard without this material;

• $1500 plus HST and disbursements for each claimant who receives a notice to seek independent legal advice;

• the Chief Adjudicator and the IRSAS to establish an expedited claims process for those who wish to reopen their claims;

• cost indemnity for those claimants who seek to reopen their claims; and,

• public versions of all St. Anne’s RFD court filings be filed with the NCTR.

To date, 96% of all claimants from St. Anne’s Residential School have received compensation. Individual survivors of St. Anne’s were awarded compensation commensurate with survivors of other Indian Residential Schools. While the courts, including Justice Perell, have upheld Canada’s actions regarding document disclosure since 2015, even saying that “the evidence shows that Canada has kept its promise and continues to keep its promise”, we are committed to doing what is right for survivors and their healing journeys.”

Fresh Evidence (Person of Interest Reports and School Narrative)
• The revised Person Of Interest reports and school narrative being requested through the Request For Direction are documents that are subject to a court order which could prohibit their disclosure
• Canada will work collaboratively with the Parties to obtain clarity from the Supervising Court.