The Canadian Press obtained a signed copy of the 2015 agreement through federal access to information laws, marking what appears to be the first time the document has been made widely public. “This is a very, very important set of records,” said Ray Moran, associate librarian at the University of Victoria and founding director of the National Center for Truth and Reconciliation. “Like all questions about accountability, the question is, ‘Who made the decision?’ How was this decision made? Who signed it anyway?” Indigenous leaders and legal experts have long questioned why Ottawa chose to drop its appeal of a court ruling that meant the Catholic entities did not have to pay their remaining financial obligations under the historic Indian School Housing Settlement Agreement. The actions of the Catholic groups involved — and by extension, the Catholic Church as an institution — as well as Ottawa have come under renewed scrutiny since hundreds of unmarked graves were discovered on former residential school sites. it began to be announced last year.
A 2015 ruling dismissed the appeal
The dispute in question arose years ago and culminated in a court order issued by a Saskatchewan judge in July 2015. The residential school settlement required the 48 Catholic entities involved to pay $79 million, which was split into three parts, including a “best effort” to raise $25 million for school survivors. There was a dispute between Ottawa and the Catholic entities over a portion of their obligations. WATCHES | How the Pope’s visit to Canada unfolded in 11 minutes:
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Pope Francis recently completed a six-day “pilgrimage of repentance” in Alberta, Quebec and Nunavut. First Nations, Métis and Inuit communities viewed his apology and visit with hope, disappointment and calls for action. At issue was whether lawyers for both sides had struck a deal that released the church groups from all their financial obligations — including $25 million to survivors — in exchange for a $1.2 million payment, or whether they had only an agreement that covered a narrower part of the financial responsibilities. Ultimately, Judge Neil Gabrielson ruled that the agreement covered all of the church’s financial obligations, allowing Catholic entities to abandon their fundraising pledge to survivors after raising less than $4 million. Records obtained by The Canadian Press show that a month after the July 2015 ruling, federal officials filed a “protective notice of appeal” while negotiating a final release agreement with Catholic groups. By October 30, 2015, a final agreement was signed by the former deputy minister at what was called Aboriginal and Northern Affairs Canada, releasing the Catholic entities from their financial obligations. “Canada hereby releases, discharges and forever releases the Universal Entities, its directors, officers, shareholders, agents, attorneys and employees, from and against all actions, causes of action, suits, debts, debts, bills, bonds. against the freed”, it says. It continues: “Canada further covenants and agrees not directly or indirectly to participate in, aid, assist or act in concert in any manner with any person or entity in bringing any financial claim or claim against the releasees.”
The language raises questions about the possibility of revision
The signed agreement was released as part of more than 200 pages of briefing papers and court records prepared for Crown-Indigenous Relations Minister Mark Miller last fall after he pledged to find out what happened that led Canada to drop its appeal. Many of the state records were either partially or completely redacted. Miller has expressed, in at least one media interview, that he is open to the idea of revisiting the administration’s 2015 decision. But Canada’s agreement to “forever exempt” Catholic entities and the broad language of the signed document raise questions about whether that can happen. Crown-Indigenous Relations Minister Marc Miller appears earlier this month during an apology to the Peepeekisis Cree Nation on behalf of the Canadian government. The agreement signed in 2015 was released as part of more than 200 pages of briefing documents and court records prepared for Miller last fall. (Gary Solilak/CBC) “The minister is committed to understanding the circumstances and events that led to the appeal being rejected by then-Gov.,” Miller’s office said in a statement Friday. “He further committed to making sure the Catholic Church is held accountable.” A spokesman also referred questions to the Department of Justice about legal fees paid by Canada. Government documents suggest the appeal decision hinges on whether the Catholic entities would seek further relief and expand it to focus on their non-financial commitments under the settlement agreement. “If the discussions surrounding the decree result in a release limited to three financial obligations, Canada will not pursue the appeal,” says a September 2015 document. It included an illegible signature from a former minister in Stephen Harper’s then-Conservative government, which at the time was in the middle of a federal election campaign. Miller said it belongs to Bernard Valcourt, Harper’s former aboriginal affairs minister. The document noted that releasing them from some of their non-financial obligations “could pose a significant risk to Canada.” “Of particular concern to Canada would be the release of Catholic entities from obligations such as cooperating in the defense or resolution of all Indian residential school abuse claims outside of the settlement agreement.”
The chance of a successful appeal was slim: former head of the AFN
While he said the court’s ruling could relieve Catholic entities of the “$21.5 million shortfall” of the survivor fundraising campaign, “the likelihood that Catholic entities will be forced to meet their remaining fundraising obligations is very low”. Finally, the document said the appeal would mean Canada would be back to “square one” when it came to trying to reach any agreement on the settlement money with the Catholic entities. Ken Young, a former regional chief at the Assembly of First Nations and school survivor, said he doubted Canada would be successful in an appeal. “Canada could have argued until the cows came home,” he said in a recent interview. “I think we’re in a new phase.” Young, who is critical of how Catholic churches said fundraising would depend on their “best efforts”, believes leaders have since learned their lesson. He points to a pledge made by the Canadian Conference of Catholic Bishops for dioceses to raise $30 million for reconciliation efforts over five years. As of July, they reported raising $4.6 million. Young believes the bishops will keep their word, but said given the wealth of the Vatican and the Catholic Church as an institution, fundraising should not be necessary. “Write a check today – don’t mind your parishioners raising it.”
