Court orders gov't to release residential school documents

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Wednesday January 15, 2014

FOR IMMEDIATE RELEASE

NAN LAUDS COURT ORDER FOR GOVERNMENT TO RELEASE RESIDENTIAL SCHOOL DOCUMENTS

THUNDER BAY: Nishnawbe Aski Nation (NAN) Deputy Grand Chief Alvin Fiddler and
First Nation leaders welcome the Superior Court of Justice decision ordering the
Government of Canada to produce documents to Claimants/Survivors and the Truth and
Reconciliation Commission (TRC) relating to a 1990’s criminal investigation into abuse at
St. Anne’s Residential School in Fort Albany First Nation.

“We are pleased that the Court agrees that the Government of Canada has a legal obligation
under the Indian Residential Schools Settlement Agreement to release these documents
and that the truth about this shocking abuse will be fully revealed,” said NAN Deputy Grand
Chief Alvin Fiddler, who attended the December hearings. “It is critical that Survivors have
access to these documents in order to be fully compensated and that the TRC be permitted
to fulfill its mandate to protect this significant part of history for generations to come.”

Justice Paul Perell found that Canada “too narrowly interpreted its disclosure obligations”,
and that “there has been non-compliance [with the Indian Residential Schools Settlement
Agreement], and Canada can and must do more in producing documents about the events
at St. Anne’s”.

During the two-day hearing (Dec. 17-18, 2013) the federal government was challenged
over its decision to withhold the extensive police files relating to sexual and physical abuse
by former school employees. Beatings, rape and the use of an electric chair were
documented by a five-year investigation by the Ontario Provincial Police which resulted in
the criminal convictions of six school officials. St. Anne’s Survivors have fought for the
release of these documents after it was revealed that they have been in the government’s
possession since 2003.

“The Survivors of St Anne’s acted in good faith when they agreed to take part in the
Independent Assessment Process but the government’s failure to provide this evidence to
the claimants and independent adjudicators raised significant questions as to whether they
would ever receive the justice they deserve,” said Fiddler, who holds the justice portfolio.
“This ruling ensures that the facts behind this terrible chapter in history are preserved and
it is shameful that it has taken two court orders to compel the government to honour its
obligations under this process.”

The ruling represents the second time in one year that the Court has found that the
Government of Canada has failed to comply with its obligations to produce documents to
the TRC. In January 2013, Justice Stephen Goudge ordered the government to produce
documents housed in Library and Archives Canada to the TRC which had been previously
withheld.

Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities in James
Bay Treaty No. 9 and Ontario portions of Treaty No. 5 – an area covering two thirds of the province of Ontario in
Canada.

For more information please contact: Michael Heintzman, Director of Communications – Nishnawbe Aski
Nation (807) 625-4965 or cell (807) 621-2790 or by email mheintzman@nan.on.ca

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Assembly of First Nations Welcomes Court Decision
in St. Anne's Residential Schools Case Calling on Federal Government to Disclose Documents
Related to Residential Schools: "Truth is Essential to Reconciliation"

OTTAWA, Jan. 15, 2014

Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo today welcomed the decision by the Ontario Superior Court compelling the Government of Canada to release documents related to St. Anne's Residential School, and acknowledged the importance of disclosing all relevant documents related to Indian Residential Schools to survivors and the Truth and Reconciliation Commission (TRC) in order to advance truth-telling, reconciliation and healing for First Nations and Canadians.

"The release and disclosure of documents related to residential schools is an essential part of the truth-telling process and truth is essential to reconciliation," said AFN National Chief Shawn Atleo. "We want to see all jurisdictions release the necessary documents so the TRC can fulfill its mandate. This should not require extensive legal battles as it is consistent with the residential schools settlement agreement and the overarching goal of reconciliation for First Nations and Canada. This court decision is a significant step in terms of addressing outstanding questions and we hope it will help survivors and their families in their healing journey and help all Canadians understand our shared history."

Last week, the Government of British Columbia released documents to the TRC that could help provide information on First Nations children who died in residential schools in that province. The Government of Ontario has also willingly released many documents related to residential schools, but the federal government has tried to prevent the release of documents related to St. Anne's.

Yesterday, Ontario Superior Court Justice Paul Perell ordered the Government of Canada to produce documents to survivors and the TRC related specifically to a criminal investigation into physical and sexual abuse by former employees at St. Anne's Residential School in Fort Albany First Nation. The ruling represents the second time in the past 12 months that the Ontario supervising Judge has found the Government of Canada has failed to comply with the terms of the 2007 Indian Residential School Settlement Agreement and its obligations to produce documents to residential school survivors and the TRC.

For more information on the work of the Truth and Reconciliation Commission, recently extended until June 2015, please visit www.trc.ca.

The Assembly of First Nations is the national organization representing First Nations citizens in Canada. Follow AFN on Twitter @AFN_Comms, @AFN_Updates.

SOURCE Assembly of First Nations