TRC IAP Appeal

On October 27 and 28, 2015, the Ontario Court of Appeal will hear an appeal of a Ontario Superior Court decision ordering that records created under the IAP (Independent Assessment Process) be destroyed.  The IAP adjudicated individual claims for compensation by Indian Residential School survivors for abuse suffered at the schools.

The Truth and Reconciliation Commission of Canada made submissions in the lower court arguing against destruction of the records, and advocating the preservation of these records with guarantees of confidentiality.  The Commission will again argue before the Court of Appeal that the records be preserved for history.  Representing the Truth and Reconciliation Commission, lawyers Julian Falconer and Julian Roy, of Falconers LLP, are in attendance.

In the News

Court to decide fate of abuse testimony   Toronto Star, October 28, 2015
Should papers from school abuse be destroyed or preserved   Toronto Star, October 27, 2015
Fate of Indian school abuse stories up in air   Canadian Press, October 26, 2015
Fate of heart wrenching residential school abuse stories hangs in balance   APTN National News, October 26, 2015
Ontario court to decide if evidence from residential school survivors should be destroyed   Toronto Star, October 27, 2015
Fight over Indian residential school abuse stories in court   680 News, October 27, 2015
Fight over Indian residential school abuse stories in court   CityNews, October 27, 2015

 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

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