Date: 2014-01-14 Docket: 00-CV-129059. Perell J. | Link

Parties involved in the independent assessment process (“IAP”) for former students of the Indian Residential Schools sought directions as to whether the records produced as part of the IAP should be destroyed, maintained or archived. Court ordered destruction of documents after a 15-year retention period during which survivors could choose to have redacted versions of their documents transferred to the National Research Centre for Truth and Reconciliation (“NCTR”). The IAP application form includes express privacy and confidentiality assurances for the personal information disclosed in the request for compensation. Court held that IAP documents are confidential and private documents both as a matter of contract and as matter of the common law and equity. The implied undertaking to protect a litigant in civil proceedings from having his or her discovery testimony used for collateral purposes applied to the IAP. IAP documents are neither court records nor government records; they are not subject to the open court principle that would provide public access.