Debates of May 9th, 2013

Indian Affairs and Northern Development—Main Estimates, 2013–14

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, does the minister deny that documents were destroyed over concerns about lawsuits?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, I was not around in the 1940s, or the 1930s, or the 1920s. To my knowledge, no documents were deliberately destroyed simply to have them destroyed.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, I would like to know if the department has commissioned an internal analysis outlining the potential consequences of the destruction of documents.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the government made a commitment.

The government is committed to an agreement that has been reached, which is court approved and court supervised. In that settlement agreement, Canada has committed itself to remitting the relevant documents so that an archive could be built whereby the legacy of the residential school system could be studied. We will abide by the commitment of Canada.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, I have the analysis here that was requested and I would like to know from the minister who asked for this internal analysis to be done. Were senior staff or legal counsel involved in this analysis?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, identifying and disclosing over a century's worth of relevant Indian residential school documents held at the Library and Archives Canada presents a massive challenge. I discussed these challenges with the commission this week, two days ago, as a matter of fact, and we are working together diligently to implement our obligations.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, in an Ontario Superior Court of Justice decision, the court said, at paragraph 29, “While its scope is disputed, the legacy mandate of the TRC is clearly an important part of its work”.

Following the analysis of the Auditor General of Canada's recent report, can the minister tell me what the current timeframe is to transfer all of the requested Indian residential school records to the Truth and Reconciliation Commission?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, we are actually working diligently with the commission and we are scoping a bunch of documents that are at the National Archives to determine how we can, as rapidly as possible, remit the relevant documents to the commission, which we are committed to do.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, has the department estimated the financial and human resources that will be required in order to hand over to the TRC all of the relevant documents requested?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, this is the process that is taking place right now. When we have that information available, we will be able to provide it.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, one of the issues, of course, was what constituted relevant documents in this case. After three years, can the minister confirm to us today that there is a common understanding or agreement on what constitutes relevant documents?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

The department is working, Mr. Chair, in collaboration with the commission, Library and Archives Canada and the Department of Justice to develop a plan to identify and disclose the remaining relevant Indian residential school historical records held at Library and Archives Canada. That is taking place as we speak.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, I know that this case was heartily disputed by the Government of Canada. I know that the minister responded to my colleague from St. Paul's just a while ago about this, but how much has the department spent fighting the TRC in court on this issue?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, as I said earlier, the legal cost is an issue that he should raise with the Minister of Justice.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, does he not think that it is important for the minister of Indian affairs to know how much it costs to fight aboriginal rights in the country?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, what I know is that Canada is committed to a court settlement that is court-approved and supervised by the court. We are committed to respecting our obligations under the agreement.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, if that is the case, is there a common understanding with the TRC about timeframes in this case with respect to what documents would cover and what format would be used?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, I previously answered the hon. member that the timing and scope of the necessary documents that will be disclosed is something that is being worked on as we speak, among the commission and the department and Library and Archives. As soon as that process is terminated then we will know what the timeframe is.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, you and I know, and all members in the House should know, that other survivors, first nations, Metis and Inuit, attended provincial or privately run residential or day schools in sanatoriums. Will there be further funding to compensate other survivors like those?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the agreement that has been reached was reached with a host of parties who were party to a class action. The court-approved settlement implicates and brings all of the parties. All of the terms of that settlement are very clear as to who the persons are to whom it applies. That court-approved settlement will be implemented as per the agreement of all parties.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, my question was whether or not the department is open to these other cases that are as dramatic and as tragic as the other ones? Will the department now give further funding to compensate other survivors in other social experiments, like experimental Eskimos for instance, the children of the sixties who have been fighting for recognition and compensation?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, Canada has accepted responsibility in the class action for those students who attended residential schools that were under the supervision and or the aegis of the federal government. This is the extent of the obligation of Canada that has been accepted and that is reflected in the settlement agreement.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, I know that these issues are important. I would like to know how much the government has budgeted for this fiscal year, since we are discussing the budget here, to continue to fight against the recognition and compensation of survivors in the courts.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Chair, the investments that are outlined in the estimates for the settlement are intended to respect Canada's obligation under the settlement agreement. Again, these funds will be spent to meet our obligations.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Chair, I know that the Minister of Aboriginal Affairs is fully aware of the fact that there are many cases before the courts. I am not asking him to talk about those cases, since they are in court, as I guess he would say. I was wondering about his opinion on whether or not he thinks it is a good use of taxpayers' money to continue to fight against survivors in the courts and aboriginal rights in general before the courts.