Question Period Note: Non-Claim Records Request for Direction

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About

Reference number:
CIR-2020-10013
Date received:
May 26, 2020
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Bennett, Carolyn (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Suggested Response:

• Our Government is committed to preserving the history of the Indian Residential Schools Settlement Agreement.

• Canada is already taking steps to comply with Justice Perrel’s direction to file a proposal outlining the transfer of non-claim records held by the Indian Residential Schools Adjudication Secretariat to the National Centre for Truth and Reconciliation.

• The records pertain to the operations, management, and oversight of the Independent Assessment Process.

• As a result of COVID-19, Canada has sought an extension of the June 30, 2020 deadline to file the proposal with the court.

Background:

Background

The Request for Direction was filed by the Chief Adjudicator to seek direction on the disposition to the National Centre for Truth and Reconciliation of the non-claim records held by the Indian Residential Schools Adjudication Secretariat pertaining to the operations, management, and oversight of the IAP. He seeks direction on certain discrete categories of records to which special considerations may apply and approval of his Proposal for Disposition of Non-Claim Records. The records include statistical reports (from SADRE), the records and in camera minutes of Chief Adjudicator’s Reference Group (CARG) and IAP Oversight Committee, the Chief Adjudicator’s Report to Supervising Courts, and Complaint Records.
On January 20, 2020, Justice Perrell dismissed the RFD and directed Canada to file an RFD by June 30, 2020 with a proposal for archiving copies of non-claim records with the NCTR. The NCTR has appealed the decision.
As a result of COVID-19, Canada has requested an extension from the court to undertake consultations and complete the proposal for the transfer of documents to the NCTR.

Additional Information:

If pressed
• The National Centre for Truth and Reconciliation has filed an appeal for the decision in order to seek to include ‘static’ documents.
• Canada’s is committed to protecting the privacy of survivors and is concerned the release of static documents could result in a breech.