December 7, 2021
The Indian Residential School History and Dialogue Centre at UBC (“the Centre”) has issued a series of online resources, including historical timelines, court files, and background papers, related to the 2015 court case that absolved the Catholic Church of its obligation to fulfill compensation to residential school Survivors, as per the 2006 Indian Residential School Survivor Agreement (IRSSA).
Specifically, the Catholic entities were released from outstanding cash payments for Survivors; were allowed to deduct legal and other administrative fees from their cash payment to the Aboriginal Healing Foundation; and were exempt from fulfilling their fundraising commitments—a shortfall of over $21 million.
Files related to the 2015 court case were not sealed, nor were they placed under a publication ban; they should have been publicly available, however the court did not release them. In summer, the CBC and the Globe and Mail made successful Access of Information requests and obtained many of the documents. These documents have been shared with the Centre and now form the basis of the curated resources.
“Commitments to former residential school students must be honoured for reconciliation to move forward in a meaningful way. The release of these documents, and their interpretation, allows us to understand how the Catholic church approached their obligations to Survivors and their families,” says Dr. Mike DeGagné, former head of the Aboriginal Healing Foundation and a member of the Centre’s Indigenous Advisory Committee. “This is a moment for truth, accountability and, ultimately dialogue leading to a new relationship between Indigenous people and the Catholic church, one based on an honest attempt at addressing 100 years of trauma.
The Academic Director of the Centre, Dr. Mary Ellen Turpel-Lafond (Aki-kwe), has been pressing for release of the material for many years and continues to seek release of all of the Government of Canada materials in relation to the settlement and obligation of the Catholic entities. In a background document to the Collection, Dr. Turpel-Lafond notes that “While requests have been submitted in the form of access to information, and through other channels on numerous occasions – there has been no substantive response. Canada indicates that a response may take 10 years due to the volume of information, and this is clearly not an acceptable position. Transparency is of utmost importance, as is accessibility of records. To meet the requirements of transparency and accountability, Canada needs to disclose everything”.
The timelines and collections are meant to help inform about the outstanding obligations of the Catholic Church to Indian residential school Survivors. This information is available to all on the Centre’s website and will inform delegates in advance of their audience with Pope Francis in Rome later this month.
Note: Some documents, such as mediation briefs, information on the catholic entity or charity, etc. are still missing from the file. The Centre welcomes further materials on the matter and will add submissions to the current resource set as they are received. Please contact irshdc.info@ubc.ca.
The Resources:
The Indian Residential Schools Settlement Agreement: Timeline
This historical timeline is a chronological account of events related to the IRSSA and the 2015 court case between the Catholic entities and the federal government. It begins with a brief overview of the Indian residential school system in Canada and follows the rise of Survivor-led legal initiatives through to the Settlement Agreement and its provisions.
Starting from the Settlement Agreement negotiations in 2005 and leading up to the current moment, this second timeline of agreements and court proceedings focuses on the 2015 court case between the Catholic entities and the federal government. This court case resulted in the court releasing the Catholic entities from their remaining obligations under IRSSA. It charts the Catholic entities’ obligations under IRSSA, the dispute that arose between the government and the Catholic entities during the 2015 court case, and the media’s recent revisiting of it.
The Thomas McMahon Papers (2016-2021) brings together working papers focused on Indian Residential Schools, the IRSSA, laws used to create residential schools and enforce attendance, along with their legal precedents. It also includes papers on Canada’s legal system and Indigenous people; Indigenous women and the law; Indigenous children and the child welfare system; Indigenous people and the Canadian Charter of Rights and Freedoms; Indigenous people and the Queen; and Christianity and the Doctrine of Discovery.
The Indian Residential Schools Settlement Agreement and the 2015 Court Case: Court Files
This featured collection includes select 2015 court records for Fontaine v Saskatchewan (Attorney General), 205 SKQB 220, which released the Catholic Church from its obligations under IRSSA. It also contains records related to the Catholic Church’s in-kind compensation obligations under IRSSA and the media’s summer 2021 formal application to gain access to the 2015 court case files.
The Indian Residential School Settlement Agreement and the 2015 Court Case Collection
This collection provides a single point of access to the currently available 2015 court records for Fontaine v Saskatchewan (Attorney General), information on the Catholic Church’s in-kind compensation under IRSSA, and the media’s formal application to access the 2015 court case files in 2021. It also includes additional contextual information for each of the key players, including individuals and organizations involved in the 2015 court case.
Additional Information:
Background Note to the Collection by Mary Ellen Turpel-Lafond (Aki-Kwe)
Media Inquiries:
Julie Gordon, Senior Strategic Communications Manager
julie.gordon@ubc.ca