Nearly 40,000 Residential School Records Set for Destruction in 2027 Under Supreme Court Ruling
Almost 38,000 records from the Independent Assessment Process detailing residential school abuse are scheduled for destruction in 2027 following a 2017 Supreme Court of Canada ruling. Fewer than 100 survivors have retrieved their files, sparking debate over privacy promises and historical preservation.
Almost 40,000 records collected through the Independent Assessment Process (IAP) are scheduled to be destroyed in 2027 unless individual survivors request their preservation. The timeline follows a 2017 Supreme Court of Canada ruling determining that the records, which contain testimony regarding abuse at residential schools, were part of a confidential process and that preserving them would violate privacy promises made to survivors.
Under the rules governing the IAP, established as part of the Indian Residential School Settlement Agreement, only survivors themselves are permitted to retrieve their testimonies; family members cannot access them. As of the reporting date, fewer than 100 of roughly 38,000 IAP claimants had opted to retrieve their records. Survivors who died before the 2017 ruling did not have the choice to preserve their files.
The pending destruction has drawn support from some survivors and officials who argue it is necessary to uphold confidentiality commitments and prevent further harm. Former Assembly of First Nations national chief Phil Fontaine requested that his own IAP record be destroyed to protect his privacy and prevent intergenerational trauma. Daniel Ish, the first chief adjudicator of the IAP, stated that changing the confidentiality terms after testimony was given would constitute a "gross breach of trust."
Testifying during the IAP caused significant physical and emotional distress for many participants. Geraldine Shingoose, who testified at hearings related to the Muskowekwan Indian Residential School in Saskatchewan, suffered a heart attack during the process. Kathleen Keating conducted more than 500 hearings as part of the assessment process.
Conversely, others view the destruction as an erasure of truth and history, arguing the records are vital historical evidence that should be preserved by institutions such as the National Centre for Truth and Reconciliation. Concerns have also been raised about informed consent, with critics pointing to the low number of retrieval requests as evidence that many survivors have not been adequately informed about the destruction plan or their right to retrieve their own files.
Support resources remain available for those affected by these issues, including the Crisis Line at 1-866-925-4419 and the Hope for Wellness hotline at 1-855-242-3310.