Statement on Survivor Testimony and Independent Assessment Process (IAP) Records
The National Centre for Truth and Reconciliation (NCTR) is issuing this statement to clarify its role in the preservation of Survivor testimony provided in the confidential Independent Assessment Process (IAP) claims compensation process, and to provide information about court-mandated records management decisions related to the IAP. In particular, the Supreme Court of Canada mandated destruction of IAP claims compensation records in a 2017 case, in which the NCTR participated in efforts to preserve IAP records in recognition of their historical importance.
Survivor testimony shared through the IAP reflects courage, truth, and lived experience. Survivor accounts in the IAP process, shared with the NCTR with the Survivor’s express consent, are part of a living history that continues to shape understanding, healing, truth and reconciliation.
The IAP and the earlier Alternative Dispute Resolution (ADR) process were court-supervised compensation processes established under the Indian Residential Schools Settlement Agreement. Survivors who participated in the IAP were required to share deeply personal testimony as part of their application and hearing process. At the time, Survivors were promised confidentiality, and many relied on that assurance when deciding to participate.
As documented in the Independent Assessment Process Final Report (2021), the Supreme Court of Canada issued binding decisions governing what would happen to IAP records at the conclusion of the process. The Court ruled that most IAP records were to be destroyed shortly after the Court’s decision was rendered. A limited set of records, specifically IAP applications, audio recordings and transcripts of Survivor testimony, and adjudicators’ decisions, were required to be retained for a fixed period of 15 years, expiring September 2027.
During the retention period, Survivors have the opportunity and right to decide whether they wish to preserve their records, whether by obtaining a copy for themselves and/or preserving their records through the NCTR.
Unless a Survivor, on their own behalf, affirmatively chooses preservation, IAP records, including hearing testimony and adjudication decisions, will be permanently destroyed at the end of the retention period (September 2027).
The destruction of the IAP claim records, with the exception of those preserved with the consent of Survivors, is required by the final and binding order made by the Supreme Court of Canada in 2017. The NCTR cannot change this order that the records must be destroyed.
The NCTR engaged in court proceedings and public education efforts to support Survivor choice and record preservation within the limits of the Court’s rulings.
The Centre is committed to supporting Survivors and families through awareness, so they are empowered to make choices that honour their truths and their wishes, and to support the preservation of living history where consent has been given.
This clarification applies only to records created through the IAP individual claims compensation process. Survivor testimony shared with the Truth and Reconciliation Commission was gathered under a different mandate and is preserved at the National Centre for Truth and Reconciliation. With a mandate to document the history and legacy of the residential school system, the NCTR would never destroy Survivor testimonies in our care.
Questions and Answers: Independent Assessment Process (IAP) Records
Yes. Testimony provided by Survivors during IAP hearings — including audio recordings and written transcripts — is part of the IAP record. Under Supreme Court of Canada rulings summarized in the Independent Assessment Process Final Report (2021), these records were retained for a limited period and are destroyed unless a Survivor chose to have them preserved.
Yes. Adjudicators’ decisions, including compensation determinations, are part of the IAP record and are subject to the same court-approved retention and destruction rules, unless a Survivor elected preservation. If Survivors choose preservation, their records will be preserved and protected at the National Centre for Truth and Reconciliation.
The IAP was designed as a confidential legal compensation process, not as a truth-telling or archival initiative. Survivors were required to share deeply personal and traumatic experiences to have their claims assessed and were explicitly promised confidentiality as part of that process. For many Survivors, this assurance of privacy was essential to their participation.
When the Supreme Court of Canada considered the future of IAP records, it weighed the historical value of the records against the confidentiality commitments made to Survivors. The Court ultimately ruled that protecting survivor privacy and control over their stories within a legal process outweighed mandatory archival preservation, unless Survivors themselves chose otherwise.
These records management outcomes are the result of binding court decisions and are not decisions made by the National Centre for Truth and Reconciliation.
Survivor testimony shared with the Truth and Reconciliation Commission was gathered under a different mandate. The TRC’s purpose was truth-telling, education, and the creation of a historical record. As a result, TRC testimony is preserved at the National Centre for Truth and Reconciliation under Survivor-informed and consent-based access protocols.
The NCTR’s role is to support education, awareness, and Survivor agency. The Centre recognizes the profound importance of Survivor testimony as living history and is committed to helping Survivors and families understand what records exist, what options are available, and how stories can be preserved where consent has been given.
