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Archive body denied party or intervener status in residential schools document production dispute.
A motion sought to add the National Centre for Truth and Reconciliation as a party, or alternatively as an intervenor, to a request for directions brought by the Truth and Reconciliation Commission concerning document production obligations under the Indian Residential Schools Settlement Agreement.
The moving party argued that because the Commission’s mandate was nearing expiry, it might become responsible for receiving and archiving documents produced under any order.
The court held that the repository’s role under the settlement agreement was distinct from the Commission’s document‑collection mandate and that its presence was not necessary for the court to adjudicate the issues.
The court further held that the moving party had not demonstrated a direct interest or that its participation would enhance the court’s determination of the request for directions.
Both joinder and intervention were refused.
Provincial set-off scheme could not reorder bankruptcy priorities.
The appeal concerned whether Saskatchewan workers' compensation legislation permitting a board to recover unpaid assessments from a principal contractor, coupled with a right of indemnity and set-off against monies otherwise payable to a bankrupt contractor, conflicted with the federal bankruptcy priority scheme.
The majority held that the combined operation of s. 133(1) and s. 133(3) effectively secured the board's claim against the bankrupt estate and thereby reordered priorities fixed by s. 136 of the Bankruptcy Act.
Applying division of powers and paramountcy principles, the Court concluded the provision was inapplicable in bankruptcy to that extent.
The appeal was dismissed, with a four-judge dissent concluding the provincial provisions were complementary to the bankruptcy regime and preserved by s. 97(3).
