TRC WELCOMES COURT’S CLARIFICATION OF ITS MANDATE

TRC News Release

                               decision by the Ontario Superior Court of Justice


January 30, 2013 – The Truth and Reconciliation Commission of Canada (TRC) today
welcomed a decision by the Ontario Superior Court of Justice regarding the
Commission’s mandate to gather documents related to Indian Residential Schools in
Canada.

The decision, by Mr. Justice Stephen Goudge, concerned the scope of Canada’s
obligations under the 2007 Indian Residential Schools Settlement Agreement (IRSSA) to
produce to the Commission documents housed in Library and Archives Canada. Justice
Goudge found that the Government of Canada must produce all relevant documents
housed in Library and Archives Canada to the Commission under the terms of the
IRSSA.

TRC Chair Justice Murray Sinclair welcomed the decision.
"The TRC asked the Ontario Superior Court of Justice for clarification of its mandate as
laid out in the Indian Residential Schools Settlement Agreement, and this is precisely
what we have received today,” said Justice Sinclair. “We're grateful to be able to continue
the Commission's work of gathering and protecting for future generations documents that
are relevant to the history of the Indian Residential Schools in Canada. We look forward
to carrying out this work in cooperation with the Government of Canada. We especially
acknowledge the clarity of Justice Goudge's decision."

Justice Goudge based his decision on the “plain meaning” of the language in the IRSSA.
He found that Canada is required to “provide all relevant documents to the TRC …
unlimited by where the documents are located within the government of Canada.” The
Court recognized that the TRC was charged with the task under the IRSSA of “compiling
an historical record … [which is] accessible to the public in the future,” and that
“… Canada’s documents, wherever housed, would have been seen as vital to this task.”
Justice Goudge also found that the task of identifying and organizing documents from
Library and Archives Canada was never intended to be borne by the TRC, given its
budget and time-limited mandate.

Justice Goudge also provided important guidance on the definition of “relevance” under
the IRSSA. He found that the TRC’s mandate to examine the legacy of Residential
Schools was not subject to “an arbitrary cut-off date”, nor could Canada’s obligation to
produce documents be limited to those relating to “policy and operations.” He found that
documents relevant to the devastating and ongoing impact of Residential Schools on the
health of survivors and communities must be produced by Canada to the TRC.

TRC counsel Julian Falconer explained that prior to today’s decision, Canada had
released a number of documents from a pre-existing litigation database, but the larger
issue of federal archives was unresolved.

“This is truly a landmark judgment,” Falconer said. “The Court’s answers to the
Commission’s reference will ensure that this dark chapter of Canadian history that is the
Residential Schools story will never be forgotten. The question of whether the
Government of Canada was required to go into its own archives and produce documents
to the Commission under the Settlement Agreement had been a significant roadblock.

Now that this issue has been resolved by the Court, the TRC can complete its work of
preserving the historical record of Residential Schools for future generations.”

The Truth and Reconciliation Commission is an independent commission established as a
result of the IRSSA. The Settlement Agreement imposes on the TRC the primary task of
truth-telling about the harms and injustices experienced by Aboriginal peoples during the
150-year history of the residential schools, and guiding and inspiring a process of
reconciliation and renewed relationships based on mutual understanding and respect.

Further information:

 Media inquiries:  
Julian Falconer   c/o Odi Dashsambuu Phone: 416 964 3408 x. 248

TRC Media Relations  Heather Frayne  Phone: 204 984 8292  Cell: 204 297 4853

CITATION: Fontaine v. Canada (Attorney General), 2013 ONSC 684

Court File No. CV-00-192059 and CV-12-447891

DATE: 20130130