This brief of law was created 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 it 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).

This brief of law was submitted by Wayne Malcom Shafer, Q.C. on behalf of the Attorney General of Canada to oppose the Request for Direction (RFD) submitted by CCEPIRSS on November 18, 2014.

The brief includes the following sections:
A. BACKGROUND
B. ISSUES
C. ARGUMENT: Does this Honourable Court Have the Jurisdiction to Hear and Determine This Dispute?; What Did the Pleadings State Were the Issues to be Determined in RFD #1?; On the Facts Before This Court, Was There a Meeting of the Minds With Regard to the Terms of the Proposed Release?; Did Either Counsel Have the Requisite Authority to Bind Their Respective Clients to the Proposed Release?
D. CONCLUSION E. RELIEF REQUESTED
TABLE OF AUTHORITIES: Jurisprudence