Residential schools: Ottawa had released Catholic groups from their responsibility

The government had agreed to ‘forever’ release Catholic entities from their promise to raise $25 million for victims of residential schools for Indigenous children, according to documents obtained by The Canadian Press.

He had also agreed to pay their legal fees.

The Canadian Press obtained a signed copy of the 2015 agreement through the federal Access to Information Act. It seems that this is the first time that this document has been made public.

“These are very, very important documents,” said Ry Moran, an assistant librarian and founder of the National Center for Truth and Reconciliation. “Whenever we talk about responsibility, these questions arise: who made the decision? how was it taken? Who signed it? »

Experts and Indigenous leaders have long wondered why the federal government refused to appeal a 2015 court ruling that released Catholic groups from their obligation to raise $25 million for survivors of the residential school system. indigenous.

According to the documents, federal officials had filed, a month after Judge Neil Gabrielson’s decision, a notice of appeal while negotiating a final agreement with the Catholic groups.

On October 30, 2015, the agreement was approved and signed by a former Deputy Minister of the former Department of Indian Affairs and Northern Development.

The deal is among more than 200 pages of documents set aside for Crown-Indigenous Relations Minister Marc Miller after he promised to find out why the government did not appeal the case. These government documents have been redacted in part or in whole.

Mr. Miller has already expressed his openness to reconsider the decision of the Canadian government.

However, the “permanent release” approved by the Canadian government and the broad language of the agreement cast doubt on this being possible.

“The minister is committed to understanding the circumstances and events that led to the then government’s abandonment of the appeal,” Miller’s office said Friday. He is even more determined to ensure that the Catholic Church is held accountable. »

A spokesperson referred the issue of legal fees to the Department of Justice.

Authorities at the time feared that Catholic groups were trying to extricate themselves even further from financial and even non-financial responsibility.

“If discussions result in the number of financial obligations [auxquelles les groupes sont astreints] is limited to three, Canada will not appeal,” reads a September 2015 document. It includes the illegible signature of a cabinet minister from Stephen Harper’s former Conservative government.

Canada was then in the midst of an election campaign.

Mr. Miller says the signature is that of Bernard Valcourt, Stephen Harper’s former Minister of Aboriginal Affairs.

According to the document, relieving the groups of some of their non-financial obligations “may represent a risk for Canada”.

“It would be particularly worrisome if Canada released Catholic entities from certain obligations, such as cooperating in the resolution of all complaints of abuse at an Indigenous residential school not included in the settlement. »

The document also claims that Canada will be “back to square one” if it appeals the case.

Ken Young, a former Assembly of First Nations regional chief and former resident, says he doubts the federal government won the case.

“Canada could have had to plead until the hens gave their teeth,” he underlines. We have entered a new stage. »

Strongly critical of the Catholic Church’s past statements that fundraising depends on “its best efforts,” Young says he believes leaders have learned the lesson.

He notes the pledge made in September 2021 by the Canadian Conference of Catholic Bishops to raise $30 million nationally over a five-year period. As of July, $4.6 million had been secured.

Mr. Young believes that the bishops will keep their word. According to him, due to the wealth of the Vatican and the Catholic Church, he considers fundraising unnecessary.

“Let’s sign a check now. We don’t need to bother the parishioners with that,” he says.

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