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

About

Reference number:
CIRNAC-2024-QP-43408580
Date received:
Dec 15, 2023
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Anandasangaree, Gary (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Suggested Response:

•The mistreatment of Indigenous children, including those who attended St. Anne’s Indian Residential School, is a devastating part of Canada’s history.
•Canada sought a court-ordered, independent review of St. Anne’s Independent Assessment Process claims.
•The Independent Review determined that St. Anne’s claimants were not prejudiced and no further compensation was warranted due to document disclosure.
•A single survivor was awarded $72,000 due to one of Canada’s admissions of knowledge of student-on-student abuse being used too narrowly by an adjudicator. Canada is issuing payment to this survivor.

Background:

N/A

Additional Information:

If pressed on the Supreme Court of Canada’s Decision to Dismiss the Leave Application:

• Canada has received the decision from the Supreme Court of Canada not granting leave to appeal.

• A few former students of St. Anne’s sought leave to appeal to the Supreme Court following several unsuccessful appeals related to the court appointment of an Independent Special Advisor.

• Canada maintains that the Independent Special Advisor Review was an important step to restore the confidence of some St. Anne’s survivors in the Independent Assessment process, while respecting the confidentiality of survivors.

If pressed on Independent Special Reviewer
• The court designated former Justice Ian Pitfield to conduct the independent review.
• Former 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 conducted a timely, transparent, and independent review.
• The court has accepted Former Justice Pitfield’s final report, finding that all St. Anne’s claimants were not denied compensation based on Canada’s original failure to produce documents.

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.
• The Independent review of St. Anne’s found that a single survivor should be awarded $72,000 for an adjudicator’s too narrow application of an admission of knowledge of student-on-student abuse. Canada is paying this survivor.

If pressed on Metatawabin #2
• Canada always wishes to find alternatives to litigation.
• The present litigation concerning St. Anne’s Indian Residential School presents positions which Canada views as inconsistent with the absolute confidentiality the Supreme Court of Canada has ordered owed to Independent Assessment Process claimants, previous decisions of the courts, and the results of the Independent review of St. Anne’s claims.

If pressed on removal of court counsel Brian Gover in Metatawabin #2
• The court has determined that Brian Gover will not act as court counsel in the Metatawabin #2 litigation, and has appointed a locum court counsel for that action.

• Canada respects the court’s ability to appoint its own officers, and will not challenge the appointment of locum court counsel in the Metatawabin #2 action.

• Canada had no role in the appointment of locum court counsel, Michael A. Eizenga.

If pressed on documents regarding St. Anne’s Indian Residential School
• Historical documents regarding St. Anne’s Indian Residential School are available through the National Centre for Truth and Reconciliation.

• Survivors of St. Anne’s and all survivors who made a claim in the Independent Assessment Process can access their Independent Assessment Process documents through “My Records, My Choice”.

• Canada has also created the Indian Residential Schools Documents Advisory Committee, headed by former chief Cadmus Delorme. This committee will provide Canada with advice on sharing Indian Residential Schools documents.