Residential school records face destruction
Feds, Victoria artist argue in court for their preservation
OTTAWA — Lawyers for the federal government and the National Centre for Truth and Reconciliation took turns Thursday trying to convince the Supreme Court how to handle the personal records of those who endured life inside Canada’s infamous residential schools.
The federal government is appealing a lower court decision that allows the records to be destroyed after 15 years unless the individual in question directs otherwise.
Justice Department lawyers say the documents are subject to federal laws governing access to information, privacy and the national archives, and should be preserved to ensure the residential school legacy is never forgotten.
They argue the court’s “inherent jurisdiction” to order the records be destroyed “fails to respect the intentions” of the Indian Residential School Settlement Agreement, which settled a class action between survivors and the federal government — the largest such lawsuit in Canadian history.
Carey Newman, a First Nations artist who formed a group called the Coalition to Preserve Truth, travelled from Victoria to attend the hearings.
The coalition, an intervener in the case, says traumatic events are only a part of the complex history of residential schools, said Newman, son of a residential school survivor.
The ensuing personal trauma has been resonating through the lives of families for generations, he added.
“I don’t know how long the decision will take … but it is interesting to sit and listen to both of sides … and sort of hear the arguments that are against you, ” he said. “I’m really glad I came.” The federal government and the Truth and Reconciliation Commission agree that survivor accounts are a critical part of Canadian history that should be preserved.
For its part, the independent claims adjudicator, which was established to manage settlements, has maintained that the claimants were promised confidentiality, which means that only they have the right to waive their privacy.
A lower court judge ruled the material should be destroyed after 15 years, but individuals could consent to have their stories preserved at the National Centre for Truth and Reconciliation in Winnipeg.