Residential school material safe for 15 years

Court orders material on residential school abuse destroyed after 15 years

  • Aug. 7, 2014 9:00 a.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

VicPD honours seven citizens for their courage and dedication

Civic Service Awards presented at ceremony in Hall of Honour

Oak Bay volunteer fair aims to sow seeds of giving time

Oak Bay Volunteer Services hopes to attract the next generation

‘It’s just hair:’ Central Saanich woman chops her locks for Wigs for Kids

Wigs for Kids BC will receive two 12-inch braids from Brentwood Bay resident Liza Glynn

New orca calf in Salish Sea ‘healthy and active’

Birth cause for celebration but things still dire genetically, expert says

POLL: Should people have to license their cats?

The Victoria Natural History Society has sent letters to 13 municipalities in… Continue reading

Second fatal crash occurs in Alberni Valley

Traffic on Highway 4 is being re-routed as investigators are en route

Indigenous energy summit includes session on pipeline ownership options

Steven Saddleback of the Indian Resource Council says a session will feature presentations on financing models

Japanese grand champion Kisenosato retires from sumo

The 32-year-old Kisenosato was the first Japanese-born wrestler in 19 years to gain promotion to sumo’s highest rank

UPDATE: Accused B.C. high school killer found fit to stand trial

Gabriel Klein is accused in the 2016 stabbing death of Letisha Reimer at Abbotsford Senior Secondary

Right-wing, neo-Nazi, white supremacist groups an increasing concern: Goodale

Ten people died in April 2018 when Alek Minassian allegedly drove a rental van down the busy stretch in Toronto

Canadian stock exchanges to conduct lottery for ‘POT’ ticker amid high demand

The symbol became available after fertilizer Potash Corp. officially merged with Agrium Inc. in early 2018

VIDEO: Mattress fire at Cowichan Hospital under investigation

The Cowichan District Hospital was locked down on Tuesday afternoon due to… Continue reading

Most Read