Survivors of Canada’s notorious residential school system have the right to see their stories archived if they wish, but their accounts must otherwise be destroyed in 15 years, Ontario’s top court ruled in a split decision Monday.
At issue are documents related to compensation claims made by as many as 30,000 survivors of Indian residential schools — many heart-rending accounts of sexual, physical and psychological abuse.
Compensation claimants never surrendered control of their stories, the Appeal Court said.
“Residential school survivors are free to disclose their own experiences, despite any claims that others may make with respect to confidentiality and privacy,” the court said.
The decision came in response to various appeals and cross-appeals of a ruling by Superior Court Justice Paul Perell in 2014 related to claims made under the confidential independent assessment process — or IAP — set up as part of an agreement that settled a class action against the government.
The federal government and Truth and Reconciliation Commission fought destruction of the documents, saying they should be kept — with appropriate safeguards — to preserve the historical record of residential schools. Catholic parties argued for their destruction.
This is disgusting, just another attempt to sweep decades of systemized abuse under the carpet. And of course the Catholic church would be fighting for the destruction of testimonies, anything that sheds light on the abusive, deeply patriarchal, racist, and corrupt nature of the church is an existential threat. Burn the church, not the documents.
The Catholic church went to court to ensure the testimonies of residential school survivors would be destroyed, and not become part of the historical record.
