John Trueman

The moving party, the National Centre for Truth and Reconciliation, sought a stay pending appeal of orders permitting the destruction of the SADRE database, which contains records from the Indian Residential Schools Settlement Agreement.

The moving party also sought procedural directions, including expediting the appeal and guidance on a sealing order.

The Court of Appeal dismissed the motion for a stay, finding it unnecessary as the database was preserved until December 2020 and the appeal could be expedited.

The court granted the procedural relief, expediting the appeal, allowing an extended factum, and providing directions on the scope of the sealing order.

This endorsement settles the form of an order following a Request for Direction (RFD) brought by the Chief Adjudicator of the Independent Assessment Process (IAP) concerning the disposition of "Non-Claim Records" from the Indian Residential Schools Settlement Agreement (IRSSA).

The court had previously dismissed the Chief Adjudicator's RFD but directed Canada to bring a proposal for archiving copies of Non-Claim Records with the National Centre for Truth and Reconciliation (NCTR).

The parties disagreed on the wording of the resulting order.

The court resolved these disagreements, largely upholding the Chief Adjudicator's draft order regarding the treatment of privileged documents, the default regime for record retention, and the sealing of certain court exhibits, while rejecting proposed elaborations by the NCTR and Assembly of First Nations.

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.