In the administration of the Indian Residential Schools Settlement Agreement, certain claimants sought to examine under oath the Executive Director of the Secretariat in support of a Request for Directions concerning disclosure obligations and claimant witness notification.
The court held that the applicable Rule 39.03 framework required the moving parties to show that the proposed evidence was relevant and that the witness was in a position to provide it.
The issues raised by the underlying request were primarily interpretive and normative, turning on the scope of disclosure obligations under the settlement agreement rather than on the Secretariat’s internal processes.
Because the proposed examination would not assist in deciding those issues and was unnecessary to the evidentiary record, the request was dismissed.