Stories of residential school abuse can be destroyed after 15 years: court

CANADA
CBC News

Colin Perkel, The Canadian Press
Published Monday, April 4, 2016

TORONTO — 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.

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