Question Period Note: St. Anne’s Request for Independent Review

• The mistreatment of Indigenous children, including those who attended St. Anne’s Indian Residential School, is a tragic and shameful part of Canada’s history.
• To restore the confidence that survivors lost, the Indian Residential Schools Settlement Agreement, Canada sought, and the court ordered, an independent, third party review of St. Anne’s Indian Residential School Independent Assessment Process claims which were decided without consideration of Canada’s 2015 updated Persons of Interest reports.
• The court has designated former Justice Ian Pitfield to conduct the independent review.
• Canada will fund health support measures for survivors.

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If pressed on Appeal and Stay of Perell Order Granting Review
• Some former St. Anne’s students have appealed Justice Perell’s order for an independent review of St. Anne’s Independent Assessment Process claims. They have also requested a stay and preservation order while their appeal is determined.
• The Ontario Court of Appeal has declined to order a stay and preservation order.
• As such, the independent review of St. Anne’s claims will move forward as the court directs.

If pressed on Independent Special Reviewer
• The court has designated former Justice Ian Pitfield to conduct the independent review.
• Justice Pitfield was previously appointed by the court, and currently holds the position of Independent Special Advisor under the Indian Residential Schools Settlement Agreement.
• Former Justice Pitfield has knowledge of the Independent Assessment Process and is well-placed to conduct a timely, transparent, and independent review.

If pressed on Independent Special Reviewer’s Interim Report
• On August 17, 2021, Justice Pitfield provided an interim progress report to the Supervising Court. In it, Justice Pitfield confirmed his understanding of the Court’s direction and provided an overview of the methodology for the review.
• Out of the 427 claims, Justice Pitfield noted that there are 81 files that will require more intensive review given the complexity of the claims, documents and reports. At this time, Justice Pitfield was unable to provide a completion date for the review.
• The Court has endorsed the report and requested a further progress report by December 31, 2021.

If pressed on Canada’s role
• To ensure the independence of the review, the court has determined that Canada’s role is limited to providing the Independent Special Advisor with all documents, including the revised Person of Interest reports. Canada will also fund the review.
• Canada will follow the court’s guidance and work collaboratively to play its appropriate role.

If pressed on Compensation for St. Anne’s survivors
• Canada deeply regrets its past policies that removed Indigenous children from their communities and denied them their families, language and culture.
• We are committed to reconciliation, healing and justice for former students of St. Anne’s, and all Indian Residential Schools.
• 96% of all claimants from St. Anne’s Residential School have received compensation.

If pressed on Metatawabin #2
• Canada always wishes to find alternatives to litigation.
• However, the present litigation involving certain St. Anne’s students presents positions which Canada views as inconsistent with the absolute confidentiality the Supreme Court of Canada has ordered owed to Independent Assessment Process claimants.
• Canada’s request for an independent review of St. Anne’s claims presents a process by which the court can order a review of these claims while ensuring claimants’ rights to absolute confidentiality are respected.

If pressed on Document Preservation
• In 2017, the Supreme Court of Canada determined that the privacy rights of Independent Assessment Process claimants means their documents are to be destroyed unless they consent to retain them.
• Canada’s position is that the rights of St. Anne’s survivors be respected.
• Justice Brown of the British Columbia Supreme Court has ordered that St. Anne’s claims may be retained until such time as the court issues further orders.
• Canada has indicated to the court that it believes that this is sufficient to allow an independent review of the St. Anne’s claims. The courts have not deemed it necessary to make any preservation orders.

If pressed on Litigation Costs
• Negotiation, not litigation, is the Government of Canada’s preferred approach to resolving claims of this nature.
• The Indian Residential Schools Settlement Agreement included provisions that allowed the parties to seek guidance from the supervising courts.
• Any legal costs related to St. Anne’s Indian Residential Schools were incurred by Canada as a result of the parties - both St. Anne’s survivors and Canada – needing to seek guidance from the courts on specific issues and not as a means to prevent survivors from receiving compensation.

If pressed on Health Supports
• As the ongoing issues before the court may be difficult for many St. Anne’s claimants, their families and communities, in addition to existing program supports Canada will provide dedicated health support funding for St. Anne’s claimants during this process.