The Chief Adjudicator of the Independent Assessment Process (IAP) brought a Request for Directions proposing to archive 'Non-Claim Records' with the National Centre for Truth and Reconciliation (NCTR).
Canada opposed, arguing the records were government property subject to federal archiving statutes and that the court lacked jurisdiction.
The court held it had supervisory jurisdiction under the Indian Residential Schools Settlement Agreement and class proceedings legislation to determine the disposition of the records.
However, the court dismissed the Chief Adjudicator's specific proposal, instead directing Canada to develop and submit its own proposal for archiving copies of the Non-Claim Records with the NCTR, subject to specific principles regarding privacy, privilege, and historical preservation.
