The questioning of Alexander Gay by James Ehmann took place within the broader context of the 2014 contention by the Corporation of Catholic Entities Party to the Indian Residential School Settlement (CCEPIRSS) that it had reached a new settlement agreement with Canada regarding Indian Residential Schools. CCEPIRSS asserted that the parties had come to the agreement during negotiations over Canada’s 2013 Request for Direction (RFD #1), in which Canada questioned CCEPIRSS’ deduction of its legal fees from its financial payments under the original Settlement Agreement (2006). When Canada disagreed with CCEPIRSS’ assertion that a new agreement had been reached, CCEPIRSS filed its own Request for Directions (RFD #2). Affidavits were submitted by both parties and cross-examinations followed.

On April 30, 2015, Alexander Gay, a lawyer with the Department of Justice, was cross-examined by James S. Ehmann, Q.C., counsel for Gordon Kuski, Q.C. regarding his affidavit. Wayne M. Schafer, Q.C., counsel for the Attorney General of Canada, was also present at the cross-examination. The questioning covers Gay's work with the Attorney General of Canada on the initial Request for Direction. It also addresses the subsequent negotiations leading up to the second Request for Direction, filed by CCEPIRSS, that sought guidance on whether or not the Attorney General of Canada and CCEPIRSS had reached a new settlement agreement.