The Truth and Reconciliation Commission sought directions regarding Canada's obligations under the Indian Residential Schools Settlement Agreement to provide documents archived at Library and Archives Canada (LAC) and documents relating to the TRC's legacy mandate.
Canada moved to strike the TRC's request, arguing the TRC lacked capacity and standing, and moved to strike several affidavits.
The court held that the TRC had capacity to bring the proceedings and declined to strike most of the affidavits.
On the substantive issues, the court ruled that Canada's obligation to provide relevant documents extends to those archived at LAC, but that the TRC's legacy mandate does not include evaluating Canada's policy responses, meaning Canada need not produce documents relating to those responses.
