Residential school material safe for 15 years

Court orders material on residential school abuse destroyed after 15 years

  • Aug. 7, 2014 4:00 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

Red Cross Workers to visit Bella Coola January 23 – 25

Red Cross workers will be at the Moose Hall Jan 23-25 to meet one-on-one with individuals

Bella Coola to benefit from massive investment in coastal internet

A combined investment of $45.4 million will bring new and updated high-speed internet on the coast

Nearly $500,000 available for internships with First Nations government

Funds announced through partnership with Northern Development and Government of Canada

O’Reilly trial scheduled to start January 15 for Anahim Lake murders

O’Reilly is charged with first-degree murder

School District 49 to re-open Nusatsum Elementary in September 2018

SD49 says increasing enrollment is driving its decision to re-open the school

B.C. cougar kitten rescued after mother struck by vehicle

Conservation Officers find home for young kitten found dehydrated and frostbitten near Williams Lake

Two Canadians, two Americans abducted in Nigeria are freed

Kidnapping for ransom is common in Nigeria, especially on the Kaduna to Abuja highway

Are you ready for some wrestling? WWE’s ‘Raw’ marks 25 years

WWE flagship show is set to mark its 25th anniversary on Monday

B.C. woman who forged husband’s will gets house arrest

Princeton Judge says Odelle Simmons did not benefit from her crime

Women’s movement has come a long way since march on Washington: Activists

Vancouver one of several cities hosting event on anniversary of historic Women’s March on Washington

Liberals’ 2-year infrastructure plan set to take 5: documents

Government says 793 projects totalling $1.8 billion in federal funds have been granted extensions

Workers shouldn’t be used as ‘pawns’ in minimum wage fight: Wynne

Comments from Kathleen Wynne after demonstrators rallied outside Tim Hortons locations across Canada

John ‘Chick’ Webster, believed to be oldest living former NHL player, dies

Webster died Thursday at his home in Mattawa, Ont., where he had resided since 1969

World’s fastest log car made in B.C. sells for $350,000 US

Cedar Rocket auctioned off three times at Barrett-Jackson Co., netting $350,000 US for veterans

Most Read