Aboriginal Affairs Minister Bernard Valcourt now says a judge will decide whether to release documents sought by residential school survivors that the government has so far refused to disclose.

hi-fort-albany-res-school-8-4col

Ste. Anne's residential school in Fort Albany. (www.nrsss.ca)

The survivors of Ste. Anne's Residential School in Fort Albany say the police investigation into abuse allegations will support their claims against the government.

In a letter to Timmins James Bay MP Charlie Angus, the minister said he'll ask a judge to decide on privacy issues surrounding the files.

Angus thinks that suggests the government isn't sure it handled the issue properly in the first place.

"The fact that they have to go before the Ontario Superior Court shows that they realize they've compromised this process and they need to fix it," he said.

Angus added the government now needs to make sure the survivors are represented properly at the hearing into disclosure.

"Make sure the survivors have legal representation there and then ensure they are given the resources they need to make sure these stories are told," he said. "And that they can have final closure. Because that's what we all need, we need closure. We need to move on."

It's not clear when that hearing to determine if the OPP will hand over files will take place.