Honouring the Truth Reconciling for the Future

310 • Truth & Reconciliation Commissionexperience. However, during this same time period, lac’s holdings and its role incomplying with the federal government’s legal obligations for document production,under the terms of the Settlement Agreement, became the focus of court proceedingsbetween the trc and the federal government.The TRC seeks full access to LAC recordsSchedule N to the Indian Residential Schools Settlement Agreement describes themandate of the trc as well as the obligations of the parties to the Agreement to assistthe Commission in its work. There is a provision that deals with the obligation of theparties to provide relevant records to the Commission. It states:In order to ensure the efficacy of the truth and reconciliation process, Canadaand the churches will provide all relevant documents in their possession orcontrol to and for the use of the Truth and Reconciliation Commission, subjectto the privacy interests of an individual as provided by applicable privacylegislation, and subject to and in compliance with applicable privacy and accessto information legislation, and except for those documents for which solicitorclientprivilege applies and is asserted.In cases where privacy interests of an individual exist, and subject to and incompliance with applicable privacy legislation and access to informationlegislation, researchers for the Commission shall have access to the documents,provided privacy is protected. In cases where solicitor-client privilege is asserted,the asserting party will provide a list of all documents for which the privilege isclaimed.Canada and the churches are not required to give up possession of their originaldocuments to the Commission. They are required to compile all relevantdocuments in an organized manner for review by the Commission and toprovide access to their archives for the Commission to carry out its mandate.Provision of documents does not require provision of original documents.Originals or true copies may be provided or originals may be providedtemporarily for copying purposes if the original documents are not to be housedwith the Commission.Insofar as agreed to by the individuals affected and as permitted by processrequirements, information from the Independent Assessment Process (iap),existing litigation and Dispute Resolution processes may be transferred to theCommission for research and archiving purposes. 155Gaining access to archival government records about the administration of theresidential school system has been an important part of the mandate of the Truthand Reconciliation Commission of Canada. Such access has been essential for our