Read the Background Note on these records from the former Academic Director of the Indian Residential School History and Dialogue Centre, Mary Ellen Turpel-Lafond (Aki-kwe).

This collection contains records related to the 2015 court case decision, Fontaine v Saskatchewan (Attorney General), 205 SKQB 220, that released the Catholic Church from its obligations under the Indian Residential Schools Settlement Agreement (IRSSA). It also contains selected records related to the Catholic Church’s obligations under the Settlement Agreement, including its in-kind compensation of Survivors. Lastly, the collection contains files related to the media’s successful attempt in summer 2021 to gain access to the 2015 court case files, which had not been released to the public.

While this collection provides access to many of the documents from the 2015 court case, the Centre does not have access to all of them. We invite submissions of missing documents (irshdc.info@ubc.ca).

Fontaine v Saskatchewan (Attorney General) had its origins in December 2013 when the Attorney General of Canada submitted a Request for Directions (RFD#1) to the Court of Queen’s Bench for Saskatchewan seeking guidance from the Court on interpreting the terms of IRSSA. Canada was concerned about the actions of the Corporation of Catholic Entities Party to the Indian Residential School Settlement’s (CCEPIRSS), specifically their deduction of legal fees from their financial payments under the Settlement Agreement. CCEPIRSS’ cash contributions were intended for Survivors, and the Aboriginal Healing Foundation, in particular. Canada’s position was that CCEPIRSS was incorrect in including their legal fees as part of those payments.

As Canada and CCEPIRSS entered into discussions, a new conflict emerged: CCEPIRSS believed they had reached a new settlement agreement for Canada for $1.2 million, which would release them from their obligations under the 2016 Settlement Agreement. Counsel for Canada denied that a settlement had been reached. CCEPIRSS filed their own Request for Directions (RFD#2) on November 18, 2014 to get the Court’s guidance on whether or not a settlement had been reached. The Honourable Mr. N.G. Gabrielson decided that a settlement had been reached. Canada then began the appeals process, but ultimately withdrew the appeal on November 10, 2015.

As per media reports, the court files for this case were not sealed or under a publication ban. Nonetheless, these files did not become part of the public record and the media was denied access to them. In the summer of 2021, however, the Globe and Mail and CBC made a formal application to the Court of Queen’s Bench for Saskatchewan and were given access to files of interest, as identified by those media outlets.

To learn more about IRSSA and Fontaine v Saskatchewan (Attorney General), see the Settlement Agreement timeline, the 2015 court case timeline, the 2015 court case featured collection, the Thomas McMahon papers, and the virtual exhibition.