scholarly journals Violence, Compensation, and Settler Colonialism: Adjudicating Claims of Indian Residential School Abuse Through the Independent Assessment Process

Author(s):  
Konstantin Petoukhov
2021 ◽  
pp. e20200051
Author(s):  
Sidey Deska-Gauthier ◽  
Leah Levac ◽  
Cindy Hanson

This article presents findings from a critical discourse analysis of House of Commons debates about the Independent Assessment Process (IAP), an out-of-court compensatory adjudication process intended to resolve claims of sexual and physical abuse that occurred at Indian Residential Schools and one of five key elements of the Indian Residential School Settlement Agreement. Our analysis is guided by the question: What do elected officials’ discussions about the IAP reveal about the implementation of compensatory transitional justice mechanisms in settler colonial states, and about colonial relations (specifically attempts at reconciliation) more generally? Our study focuses on debates that took place between 2004 and 2019. We explored elected officials’ framing of both Survivors and the Canadian State in their discussions about the IAP. Our analysis reveals the limited reach of dialogue based in a partisan and antagonistic context and supports those scholars who assert that transitional justice is incompatible with reconciliation and decolonization. By way of contributing to the larger interdisciplinary study entitled Reconciling Perspectives and Building Public Memory: Learning from the Independent Assessment Process, of which this article is part, we reflect on what our findings mean not only for public memory but also for studying the IAP moving forward.


2018 ◽  
Vol 4 (4) ◽  
Author(s):  
Anna Cook

The Canadian Truth and Reconciliation Commission (TRC) has been mandated to collect testimonies from survivors of the Indian Residential Schools system. The TRC demands survivors of the residential school system to share their personal narratives under the assumption that the sharing of narratives will inform the Canadian public of the residential school legacy and will motivate a transformation of settler identity. I contend, however, that the TRC provides a concrete example of how a politics of recognition fails to transform relationships between Native and settler Canadians not only because it enacts an internalization of colonial recognition, but because it fails to account for what I call “settler ignorance.” Work in epistemologies of ignorance and epistemic oppression gives language to explain sustained denial and provide tools to further understand how settler denial is sustained, and how it can be made visible, and so challenged. For this task, Mills’s articulation of white ignorance should be expanded to a consideration of white settler ignorance. Over and above an account of white ignorance, such an account will have to consider the underlying logics of settler colonialism. This characterization of settler ignorance will show that the denial of past and ongoing violence against Indigenous peoples, through the reconstruction of the past to assert the primacy of settlers, is not explainable in terms of a lack of recognition but is rather structural ignorance.


2019 ◽  
Author(s):  
Maegan Hough

Born out of the Indian Residential Schools Settlement Agreement, the Independent Assessment Process is a program that provides monetary compensation to former students who suffered sexual and physical abuse at Indian Residential Schools. As “Canada’s Representative” during hearings of the Independent Assessment Process, this author, a young lawyer at the time, bore witness to grizzly accounts of acts perpetrated against claimants that left her unsettled. Unsettled by what was heard, yes, but also in her observations that the process did not satisfy the needs of all claimants, nor did it engage with her own sense of responsibility as a non-Indigenous Canadian. The author weaves together her experiences and observations as “Canada’s Representative” to explore intergenerational justice in a Canadian setting, and what processes might offer a more complete approach in handling the Indian Residential Schools legacy. First, shecanvasses the existing framework of dispute settlement in the context of Indian Residential Schools, namely criminal, tort, and alternative dispute resolution mechanisms. While pointing out the strengths these mechanisms do have to address some of the harms of Indian Residential Schools, she ultimately suggests their inherent legal limitations make them inadequate tools to provide redress to victims and engage society more broadly. The author goes on to define transitional justice, set out its established tenets and themes, and begins to map out a Canadian application of these principles to the Indian Residential Schools policy by drawing on examples from Australia, New Zealand, and the United States. These principles take shape as innovative instruments for advancing the goals of reconciliation and of Canadian society. They are not without their own flaws, however, as the author also points out, that may affect how Canadians—in particular, non-Indigenous Canadians—view their legitimacy. Lastly, the author analyzes prevailing views of societal responsibility to provide a normative underpinning for intergenerational justice in a Canadian context. She concludes by advocating Canadians move from a stance of guilt and blame toward one of a broad assumption of responsibility as they continue to grapple with the legacy of Indian Residential Schools.


Author(s):  
Natalie Cross ◽  
Thomas Peace

Focusing on Huron College, Shingwauk Residential School, and Western University, this article considers how common social and financial networks were instrumental in each institution’s beginnings. Across the Atlantic, these schools facilitated the development of networks that brought together settlers, the British, and a handful of Indigenous individuals for the purposes of building a new society on Haudenosaunee and Anishinaabe Land. Looking specifically at the activities of Huron’s principal, Isaac Hellmuth, and Shingwauk’s principal, Rev. Edward F. Wilson, the article demonstrates how ideas about empire, Christian benevolence, and resettlement entwined themselves in the institutions these men created.  Specifically, Anglican fundraising in both Canada and England reinforced the importance of financial networks, but also drew upon and crafted an Indigenous presence within these processes. Analyzing the people, places, and ideologies that connected Huron, Western, and Shingwauk demonstrates how residential schools and post-secondary education were ideologically—and financially—part of a similar, if not common, project. As such, the article provides a starting point for considering how divergent colonial systems of schooling were intertwined to serve the developing settler-colonial project in late nineteenth-century Ontario.


2020 ◽  
Vol 3 (1) ◽  
pp. 36-40
Author(s):  
Sari Azhariyah ◽  
Ambiyar Ambiyar

This research aims to describe the results of the needs analysis in the process of developing e-assessment media on the basic graphic design course. This research was a qualitative descriptive research by using survey methods in identifying the needs of students and teachers in learning assessment. In this research, the needs analysis related to the achievement of the student learning outcomes, the problems faced by the students and the media needed by students in the learning assessment process. This research used a questionnaire given to 32 students of grade X and 2 teachers of the basic graphic design subject. The results showed that: 1) there was still lack of assessment media that can be used as an independent assessment for students; 2) android-based interactive assessment media was needed on the basic graphic design subject. Based on these findings, it can be concluded that students need an interactive assessment media that can be used as an independent assessment media. In addition, these findings will be used in designing interactive e-assessments in basic graphic design subject.


2017 ◽  
Vol 8 (4) ◽  
pp. 11
Author(s):  
Paul C. Langley

The Institute for Clinical and Economic Review (ICER) is seen as offering a credible platform for evaluating the pricing policies for pharmaceutical products and devices. Over the past few years ICER has presented a stream of reports, many of which have recommended substantial price discounts where the results of a lifetime cost-per-QALY modeling suggests they are out of line with notional willingness to pay thresholds and arbitrary budget constraints. At the same time, there have been growing concerns over the lack of transparency in the ICER value assessment process, focusing in particular on the refusal by ICER to allow access to its value assessment modeling framework. The purpose of this brief commentary is to point out that the position taken by ICER over model access is not defensible; the arguments given are specious. This ongoing refusal undercuts the ICER claim to be independent and the credibility of ICER recommendations for price discounting. The solution is for ICER to commit to a transparent process of value assessment, allowing in particular access to its models and for the ICER model to be subject to an independent assessment. At the same time, manufacturers and other stakeholders should have access to the model with the opportunity to challenge the model through developing model frameworks which they feel better represent product value. This advocacy, it should be noted, does not reflect acceptance of the ICER lifetime cost-per-QALY value assessment framework. Health care decision makers would be better served by a value assessment framework that provided short-term credible, evaluable and replicable claims, facilitating meaningful feedback to decision makers, and not on the construction of simulated imaginary worlds. Conflict of Interest: None   Type: Commentary


2017 ◽  
Vol 39 (1) ◽  
pp. 24-28 ◽  
Author(s):  
Jaymelee J. Kim

The dissonance between local and global transitional justice imperatives has been the source of interdisciplinary debate with scholars highlighting the tensions between theory and practice. While researchers such as Sally Merry have discussed the human rights practitioner as a translator between global international human rights norms and local cultural understandings, little has been said regarding the potential for anthropologists to translate transitional justice between the state and survivors. This article demonstrates the need for applied anthropology in transitional justice models, illustrated with data drawn from the Canadian national transitional justice context. In this project, ethnographic data gathered from 2011–2014 is used to analyze the independent assessment process, or monetary reparations process. Using this example, I demonstrate a need for anthropological “translators” who can assess need, evaluate risk, and utilize a participatory action approach in transitional justice development.


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