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.
Independent Assessment Process (IAP):
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
The Chief Adjudicator
Assembly of First Nations
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)