Catherine A. Coughlan

Following earlier decisions concerning requests for directions in litigation arising from the Indian Residential Schools Settlement Agreement, the court had previously awarded costs payable by the Truth and Reconciliation Commission to Independent Counsel.

After that decision was released, Canada delivered additional submissions asserting it should not be liable for costs, and the Truth and Reconciliation Commission asserted a right to file further reply submissions.

The court held that the additional submissions were unnecessary and procedurally improper because the parties had already been given the opportunity to address costs.

The judge confirmed that the earlier costs decision would not be altered and refused to permit further reply submissions.

Claimants in the Independent Assessment Process under the Indian Residential Schools Settlement Agreement brought a request for directions seeking disclosure of expert reports prepared for a related criminal prosecution and their distribution within the adjudicative process.

They also sought orders directing the Chief Adjudicator to provide the reports and criminal trial transcripts to other claimants and guidance regarding the evidentiary use of those materials in hearings.

The court held that the IRSSA framework assigns adjudicators exclusive jurisdiction over evidentiary rulings and that the supervising court cannot compel disclosure of the requested reports or dictate their evidentiary use within the IAP.

The applicants’ request would effectively amend the settlement structure, which the court lacks jurisdiction to do.

The request for directions was dismissed.