Keeping or Destroying IAP Records?: A Case to Watch

The Supreme Court is going to hear the Fontaine case in May 2017.  It deals with the destruction of records and testimony gathered during the Independent Assessment Process of the TRC.

The Coalition for the Preservation of Truth [organized by artist Carey Newman] was just granted Intervener Status in the case.

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Carey Newman with The Witness Blanket

 

ILRU (the Indigenous Law Research Unit) is one of the supporters of the Coalition.  We have been thinking, in particular, about the resources in multiple Indigenous Legal Orders across Canada to respond to questions raised by the case about privacy, truth, harm, and the significance of records such as these.

If you have ideas or thoughts, you can get in touch with the organizers through their facebook page.  There is little in the way of turn around time, as the case is to be argued in Ottawa on May 25.  But, for those of us teaching in law, its significance will continue past that date.  The case is going to be very helpful as a teaching resource.

Attached is a copy of the Notice of Motion to a Judge or the Registrar and Affidavit #1 of Carey Newman in support of the application.   Here is the Exhibit A to Carey Newman Affidavit in support of the Affidavit if you want to see the documents supporting the arguments about intergenerational effects.

I am also attaching a link to the gofundme site.  I am always reluctant to share such links in case it makes people feel there is a pressure on them to contribute. So… please do not feel that pressure (or rather, feel free to pass the link along to others who might be happy to feel such pressure!  hahaha).

That being said, for pedagogical reasons, it is worth LOOKING at the video that Carey Newman made for the site.  It is short:  1:45.   Still, in it you can see how Carey [whom you may know as the artist of The Witness Blanket], with his artist eye, sets up the centre of the intervention in visual/auditory form.

That is, look at the video thinking about the mixture of image, text, voice, music, and movement as its own form of  legal argument

https://www.gofundme.com/standfortruth

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