Residential school material safe for 15 years

Court orders material on residential school abuse destroyed after 15 years

  • Aug. 7, 2014 6:00 p.m.

St. Michael's Residential School building

By Colin Perkel, The Canadian Press

TORONTO – Sensitive testimony from survivors of Canada’s notorious residential school system should be kept for 15 years then destroyed, an Ontario court has ruled.

In a decision released Thursday, Superior Court Justice Paul Perell said the time should be used to see whether those involved might agree to have their records transferred to a new national archive.

“During the 15-year retention period, there shall be a court-approved program to advise the survivors of their choice to transfer some of the documents instead of having (them) destroyed,” Perell wrote.

The justice said that destroying the documents is necessary to protect the confidentiality and privacy of the information, and to safeguard the assessment process itself.

If survivors want their records kept, the material will have to be redacted to protect perpetrators or other third parties.

The documents in question relate to compensation claims made by as many as 30,000 survivors of the Indian residential schools under an agreement that settled a class-action suit against the federal government.

Many of the records contain heart-rending and emotional accounts of sexual, physical and psychological abuse.

The head of the compensation assessment process, backed by a privacy expert, argued the material was intended to be confidential and should be destroyed once the claims are processed.

Others, such as the Truth and Reconciliation Commission or TRC, called for the documents to be preserved to ensure as complete a historical record as possible.

In an interview, Julian Falconer, lawyer for the commission, expressed cautious optimism but said much will depend on the process to educate claimants about their choices.

“The TRC has maintained from the outset that it was of crucial importance that claimants have a choice, that they have an opportunity to exercise informed consent about the fate of their records,” Falconer said.

“The (commission) remains committed to protecting history.”

Perell said the court would work out details of the notice to claimants at another hearing.

The head of the adjudication process, Dan Shapiro, said in a statement he was pleased with the decision.

“The court has issued a clear statement confirming the privacy of claimants and others identified in compensation claim records,” Shapiro said.

“This will be a huge relief to the thousands of claimants who have appeared at our hearings fully expecting that their accounts of the abuse they suffered at Indian residential schools would not be made public without their consent.”

About 150,000 First Nations, Inuit and Metis children were forced to attend residential schools over much of the last century as part of government efforts to “take the Indian out of the child.” Many suffered horrific abuse at the church-run schools.

Materials collected by the Truth and Reconciliation Commission, which also heard from thousands of survivors, are to be housed at the new National Research Centre at the University of Manitoba.

Ry Moran, head of the archive, fretted that the voices of thousands of survivors would forever be silenced if their testimony was destroyed.

But Perell found that if personal information from the assessment process was released — even by mistake — it would be a “grievous betrayal of trust” that would “foster enmity and new harms.”

Destroying them, he said, is what the parties agreed to and would more likely foster reconciliation.

Just Posted

Fantasy Farms told to stop holding special events on farmland that go against agricultural rules

The Morans say it might spell the end of their seasonal events like Reapers Haunted Attractions

New event invites Agassiz to meet museum’s resident ghost

The Haunted Museum Tour will take place on Oct. 26 and 30

REAL ESTATE: Homesteading in the Cariboo a reality

Columnist Freddy Marks talks about why so many are looking to a ranch life when it comes to property

Chilliwack maternity ward gets bundle of new equipment

Breast pumps, small fridges for patient rooms and freezer for donor breast milk given to hospital

Liberal candidate Jati Sidhu backs out of four interview appointments with The News

Jati Sidhu, the Liberal incumbent in Mission-Matsqui-Fraser Canyon, said he was too busy to talk

VIDEO: Agassiz lights candles in memory of missing, murdered Indigenous women

The Sisters in Spirit vigil took place at the Agassiz United Church

$100,000 reward for B.C. gangster extended to United States

Police belive fugitive Conor D’Monte may be in the Los Angeles area

Cheating husband sues mistress for gifted ring after wife learns about affair

The husband gave his mistress $1,000 to buy herself a ring in December 2017

Emily Carr University closed Sunday after fire causes some damage

The school is working with Vancouver police to assist their investigation into the fire

After losing two baby boys, B.C. parents hope to cut through the taboo of infant death

Oct. 15 is Pregnancy and Infant Loss Awareness Day in B.C.

Alberta to join B.C.’s class-action lawsuit against opioid manufacturers, distributors

B.C. government claims opioids were falsely marketed as less addictive than other pain meds

Court bans striking workers at Vancouver hotel from using sirens

Rosewood Hotel Georgia granted court order against unionized workers

VIDEO: Trudeau, Singh posture for ‘progressive’ votes while Scheer fights in Quebec

NDP Leader Jagmeet Singh, whose party has been on the rise in recent polls, is campaigning in Toronto

Most Read