For more than a century, Canada sought to eliminate Aboriginal culture and language through the establishment and use of the Indian Residential School system.  These shameful practices have been termed “cultural genocide” by the Truth and Reconciliation Commission, the body whose purpose since its inception has been to gather the truth about residential schools.
Part of the truth gathering process lies in the collection and examination of documents regarding the residential school system and its legacy.  The Commission faced numerous difficulties in its attempts to collect documents from the federal government and from various church entities.  Falconers LLP has represented the Truth and Reconciliation Commission in various court proceedings on the issue of document production.

Julian Falconer, Julian Roy, and Meaghan Daniel of Falconers LLP have represented the TRC in respect of a series of document production cases before the Ontario Courts.

On June 2, 2015, the Truth and Reconciliation Commission released its final reports regarding residential schools.  Read the reports here.

Related Documents

Independent Assessment Process (IAP):

TRC’s Request for Direction. August 14, 2013

Factum of the TRC. June 9, 2014

Court Documents:

Decision. January 14, 2014

Factum of the TRC. December 3, 2013

Factum of the Claimants. November 28, 2013

Request for Directions (RFD) of the TRC. October 18, 2013

Decision. January 30, 2013

Interim Report, 2012

Press Release. December 3, 2012

Amended Application. October 19, 2012

Request for Direction. October 15, 2012

Request for Direction. April 4, 2012

Notice of Application. March 2, 2012

In the News:

Nunavut residential school survivor hopes records are not destroyed   Nunatsiaq Online, July 29, 2014

TRC Welcomes Court’s Clarification of Its Mandate   TRC News Release, January 30, 2013

TRC seeks documents on residential schools   NewsTalk 980, CJME, December 3, 2012

TRC takes Ottawa to court in battle over “control” of residential school history   APTN, December 3, 2012

Truth and Reconciliation Commission Makes Reference to Court   TRC News Release, December 3, 2012

Ontario Superior Court of Justice to Hear TRC Reference   TRC Media Advisory, December 19, 2012

Updated Facta of All Parties, October 2015

TRC

UPDATED FACTUM OF THE TRUTH AND RECONCILIATION COMMISSION OF CANADA WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND JOINT BRIEF OF AUTHORITIES

Independent Counsel

UPDATED FACTUM OF THE CROSS-APPELLANTS/RESPONDENTS INDEPENDENT COUNSEL TO INCLUDE REFERENCE TO THE JOINT COMPENDIUM AND BOOK OF AUTHORITIES

UPDATED FACTUM OF- ON CROSS APPEAL OF THE RESPONDENTS, INDEPENDENT COUNSEL WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES

The Chief Adjudicator

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE CHIEF ADJUDICATOR (Respondent)   October, 2015

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE CHIEF ADJUDICATOR (Respondent) IN RESPONSE TO CROSS-APPEALS

Assembly of First Nations

UPDATED REPLY FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE RESPONDENT, ASSEMBLY OF FIRST NATIONS TO THE CROSS-APPEALS

Attorney General of Canada

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE CROSS-APPELLANT/RESPONDENT THE ATTORNEY GENERAL OF CANADA

Twenty-Two Catholic Entities

UPDATED REPLY FACTUM OF THE RESPONDENTS TO CROSS-APPEALS, THE TWENTY-TWO CATHOLIC ENTITIES as listed in Appendix “A” attached hereto (with Reference to the Joint Compendium of Documents and Brief of Authorities)

UPDATED FACTUM OF THE APPELLANTS, THE TWENTY-TWO CATHOLIC ENTITIES as listed in Appendix “A” attached hereto (with Reference to the Joint Compendium of Documents and Brief of Authorities)

Nine Catholic Entities

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE APPELLANTS NINE CATHOLIC ENTITIES

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE RESPONDENTS TO THE CROSS-APPEALS NINE CATHOLIC ENTITIES

Sisters of St. Joseph of Sault Ste. Marie

UPDATED RESPONDING FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE APPELLANT/RESPONDENT TO THE CROSS-APPEALS, THE SISTERS OF ST. JOSEPH OF SAULT STE. MARIE

UPDATED FACTUM WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES OF THE APPELLANT, THE SISTERS OF ST. JOSEPH OF SAULT STE. MARIE

Privacy Commissioner

UPDATED FACTUM OF THE PRIVACY COMMISSIONER OF CANADA (with Reference to the Joint Compendium of Documents and Book of Authorities)

National Centre for Truth and Reconciliation

UPDATED FACTUM OF RESPONDENT, THE NATIONAL CENTRE FOR TRUTH AND RECONCILIATION, WITH REFERENCE TO THE JOINT COMPENDIUM OF DOCUMENTS AND BOOK OF AUTHORITIES