SPRING 2013 REPORT OF THE AUDITOR GENERAL OF CANADA

DEPARTMENTAL ACTION PLAN IN RESPONSE TO AUDIT FINDINGS AND RECOMMENDATIONS CONTAINED IN CHAPTER 6: CREATING A HISTORICAL RECORD OF INDIAN RESIDENTIAL SCHOOLS

ABORIGINAL AFFAIRS AND NORTHERN DEVELOPMENT CANADA

OCTOBER 24, 2013

Recommendation

AANDC Response

Action Plan

6.43 The Truth and Reconciliation Commission and, on behalf of Canada, Aboriginal Affairs and Northern Development Canada should co-operate to:

·      define the work to be completed, including clear roles and responsibilities, so that Canada can meet its obligation and the Commission can fulfill its mandate;

·      set out the schedule and budget;

·      assess and mitigate risks; and

·      monitor progress and take corrective actions as necessary.

 

Agreed. The Department agrees to work jointly with the Commission to develop a project plan for the provision of documents. Issues such as higher-quality digitization for photographs (approximately 2,000 to 3,000 photographs) will be considered as a priority, so that former students can better identify details they are searching for. Overall, the Department notes that the final cost of reviewing, coding, and digitizing documents could vary significantly from the estimates used in this chapter, depending on the volume of relevant documents. The Department’s actions will be in compliance with the direction provided by the Ontario Superior Court in its January 30, 2013 decision.

·     To date, Canada has disclosed virtually all relevant active and semi-active documents to the Truth and Reconciliation Commission (over 1.8 million documents), as well as about 2.3 million historical documents held by Library and Archives Canada, for a total of over 4.1 million documents.

·     As part of this exercise, three distinct collections of documents have been created, each with its own set of timelines for delivery to the Commission.

Active and Semi-Active Collection

·     AANDC has worked with the Department of Justice Canada and other government departments to ensure that virtually all relevant active and semi-active documents were made available to the Commission by July 2013, a year prior to the end of its mandate.

·     For various reasons, largely due to technical issues, a very small number of documents from this collection remain to be disclosed. It is anticipated that these remaining documents will be disclosed to the Commission by December 31, 2013.

·     Each department holding residential schools-related documents was required to extensively search through its active and semi-active files to identify documents relevant to the mandate of the Commission.

·     In many cases, this was an extremely time-consuming exercise.

·     Once identified, documents were digitized, coded and reviewed by the Department of Justice Canada for relevance and privilege.

·     A detailed breakdown of documents disclosed from Canada’s active and semi-active collection has been attached as Annex 1.

 

 

Legacy Collection

·     While the majority of Canada’s active and semi-active documents have been provided to the Commission, there is a small collection of documents related to the effects of Indian residential schools, referred to as the “Legacy collection”, which remains to be disclosed.

·     As of October 11, 2013, all of Canada’s legacy documents have been transferred to Department of Justice Canada for review.

·     The Department of Justice Canada will disclose all remaining Legacy documents by December 31, 2013, thus completing Canada’s disclosure of all documents, aside from those held at Library and Archives Canada.

Library and Archives Canada Collection

·     While Canada has disclosed a portion of its residential schools documents held at Library and Archives Canada, there are many left to provide. The balance of this document outlines work completed to date and summarizes the plan for providing the remaining documents at Library and Archives Canada.

 

Defining Work for the Library and Archives Canada Collection

·     Since the January 30, 2013 court decision, AANDC, the Commission and Library and Archives Canada have worked collaboratively in an effort to define the work to be completed at Library and Archives Canada. Between March and May 2013, a working group comprised of representatives from each organization met on an almost weekly basis to pool existing knowledge of departmental collections at Library and Archives Canada in order to identify the scope of the project.

·     This work resulted in a very comprehensive and practical report, which identifies ”the outer limits of what is reasonable” on a “without prejudice’’ basis. Identifying the outer limits of the project scope has been necessary for costing and efficiency purposes. While the exact extent of material to be provided cannot be predicted prior to researchers searching through boxes at Library and Archives, the report has provided a great deal of clarity, including jointly confirming areas of records where research has been conducted and those that require further searching, as well as defining what the Commission is seeking for each departmental collection.

 

 

·     In addition, AANDC and the Commission have begun collaborating on a joint plan for providing Canada’s relevant residential schools documents held at Library and Archives, which focuses on the remaining work by identifying outstanding issues, setting out project target dates, and outlining clear roles and responsibilities.

 

Schedule and Budget for the Library and Archives Canada Project

·     Canada is using the jointly developed scoping report as a baseline to project the total cost and timing of the project.

·     Given the nature of the project and the lack of concrete information on the precise amount of relevant material at Library and Archives, it has been difficult to determine the precise scope of the project, its funding requirements and its ultimate timetable.

·     As researchers begin targeted reviews of the material at Library and Archives and more detailed information on specific collections is acquired, the overall scope and projected costs are becoming progressively clearer.

 

Assessing/Mitigating Risk

·     A team of existing AANDC staff will provide project oversight and coordination throughout the lifespan of the project, ensuring efficiency and value for money, and continuing to lead on liaison and relationship issues with the Commission. This team will work closely with the Commission and the team tasked with disclosing Canada’s relevant documents housed at Library and Archives, to identify any risks that should arise and take corrective measures as necessary.

 

Monitoring and Reporting

·     The AANDC project team will receive regular progress reports from the team conducting research at Library and Archives. Based on these reports, decisions will be made on whether certain avenues of research should be pursued or abandoned, in consultation with representatives of the Commission as appropriate. The goal will be to continually focus search efforts on the necessary.

 

 

 

 

Using an Existing Contract on an Interim Basis

·     AANDC recognizes the need to act quickly and has explored options for expediting the process of disclosing relevant documents held at Library and Archives Canada.

·     In an effort to expedite the disclosure of priority documents at Library and Archives Canada to the Commission for the purposes of writing its final report, AANDC has provided the Commission with $400,000 (from existing internal AANDC resources) to access the services of an expert research firm currently under contract with the Commission to begin producing some documents as quickly as possible.

·     In order to establish clear deliverables for this $400,000, AANDC and the Commission collaborated on a project plan outlining how these funds would be allocated. It was agreed that work would focus on the collection of documents the Commission requires to complete its final report. More specifically, these funds are being used to:

­   identify photographs taken by the former Department of the Interior;

­   research Health Canada records related to the provision of health services to Indian residential schools students, and

­   research Department of National Defence cadet programs at Indian residential schools.

·     This work began on August 6, 2013, and is expected to be finished by November 2013.

·     AANDC has also internally identified up to an additional $1.2 million to provide to the Commission for this contract, so that this work at Library and Archives Canada can continue to the end of this fiscal year. AANDC and the Commission are in the process of developing a project plan for this work outlining how these additional funds will be allocated. As with the first $400,000, work will focus on the collection of priority documents which the Commission considers important for the completion of its final report, particularly records from AANDC, RCMP, Health Canada and Canadian Heritage.

·     At the same time, work continues on how the rest of the documents held at Library and Archives Canada will be provided to the Commission, including achieving clarity on who would do the work, and planning and effort to secure funding for this project.

 

 

 

Photographs

·     AANDC officials have identified a small group of existing human resources within the Department that will be mobilized to undertake small projects and address issues such as higher-quality digitization for photographs.


Annex 1

 

 

Canada's Document Disclosure to the Truth and Reconciliation Commission


Table 1 below provides the total number of documents disclosed to date, by department, and Table 2 provides a chronology of when these documents were disclosed.


Table1: Documents Disclosed by the Government of Canada to the Truth and Reconciliation Commission, by Department or Agency, as of September 2013

 

Department/Agency

Number of Documents

Aboriginal Affairs and Northern Development Canada (AANDC)

1,860,172

Agriculture Canada (AC)

82

Health Canada (HC)

8225

Human Resources and Skills Development Canada (HRSDC)

995

National Film Board (NFB)

31

Parks Canada (PC)

305

Privy Council Office (PCO)

358

Public Works and Government Services Canada (PWGSC)

771

Royal Canadian Mounted Police (RCMP)

8449

Statistics Canada (SC)

140

Treasury Board (TB)

6,194

Sub-Total

1,885,722   

Library and Archives Canada (LAC)

*2,293,993

TOTAL

**4,179,715

 

*In June 2012, LAC disclosed to the TRC approximately 2.3 million historical AANDC documents, from three well-known series that were already digitally available on LAC’s public website.

 

** In order to ensure the comprehensiveness of the collection disclosed to the TRC, Canada provided some files in multiple formats, resulting in some duplication.

 

Table2:  Chronology of Documents Disclosed, by Quarter

Period (by fiscal year)

Period (by quarter)

Departments/Agencies

Number of documents

2010-2011

April-June 2010

AANDC

24,192

HC

7,700

TB

6,194

PCO

227

July-Sept. 2010

AANDC

9,057

Oct.-Dec. 2010

AANDC

86,196

2010-2011 Total: 133,566

2011-2012

April-June 2011

AANDC

134,719

July-Sept. 2011

AANDC

102,447

PWGSC

770

Oct.-Dec. 2011

AANDC

405,518

Jan.-March 2012

AANDC

157,846

2011-2012 Total: 801,300

2012-2013

April-June 2012

AANDC

15,334

LAC

2,293,993

July-Sept. 2012

AANDC

4,121

PCO

130

HRSDC and SC

975

NFB

31

AC

82

Oct.-Dec.2012

AANDC

97,364

PWGSC

1

HRSDC

20

PC

303

Jan.-March 2013

AANDC

186,859

SC

140

RCMP

735

HC

332

2012-2013 Total: 2,600,420

2013-2014

April-June 2013

AANDC

596,299

RCMP

6,221

PC

2

July-Sept.2013

AANDC

40,220

RCMP

1,493

PCO

1

HC

193

2013-2014 Total (as of September 2013): 644,429

Grand Total (as of September 2013): 4,179,715