Instructive Past: Lessons from the Royal Commission on Aboriginal Peoples for the Canadian Truth and Reconciliation Commission on Indian Residential Schools

Author(s):  
Jula Hughes

AbstractOver time, the Canadian state has used a variety of mechanisms to address its troubled relationship with its indigenous population, the most prominent of which so far was the Royal Commission on Aboriginal Peoples (RCAP). RCAP was mandated to develop both a constitutional framework and a comprehensive social-welfare policy. Staffed predominantly with constitutional lawyers, it articulated a sophisticated constitutional theory, which was not implemented, and did little to ameliorate the living conditions of Aboriginal people. The Truth and Reconciliation Commission on Indian Residential Schools (TRC), while arising from the settlement of a national class action, can be seen as a successor commission to RCAP. It follows in the procedural footprints of RCAP in a number of ways, including in the profile of its key appointments. This article argues that looking back at the successes and failures of RCAP can be instructive for the TRC as it carries out its mandate, allowing us to predict some areas that will be particularly challenging. In these areas, the TRC will require a departure from the RCAP blueprint if it is to achieve the ambitious goals of a TRC in a non-transitional-justice context.

2012 ◽  
Vol 45 (2) ◽  
pp. 427-449 ◽  
Author(s):  
David B. MacDonald ◽  
Graham Hudson

Abstract. The Truth and Reconciliation Commission has been investigating the array of crimes committed in Canada's Indian Residential Schools. Genocide is being invoked with increasing regularity to describe the crimes inflicted within the IRS system, the intent behind those crimes, and the legacies that have flowed from them. We ask the following questions. Did Canada commit genocide against Aboriginal peoples by attempting to forcibly assimilate them in residential schools? How does the UN Genocide Convention help interpret genocide claims? If not genocide, what other descriptors are more appropriate? Our position might be described as “fence sitting”: whether genocide was committed cannot be definitively settled at this time. This has to do with polyvalent interpretations of the term, coupled with the growing body of evidence the TRC is building up. We favour using the term cultural genocide as a “ground floor” and a means to legally and morally interpret the IRS system.Résumé. La Commission de vérité et réconciliation a enquêté sur la matrice de crimes commis dans les pensionnats indiens au Canada. Le mot génocide est invoqué avec une régularité croissante pour décrire les crimes infligés au sein du système des pensionnats, l'intention derrière ces crimes, et l'héritage qui s'en est ensuivie. Nous posons les questions suivantes: le Canada a-t-il commis le génocide contre les élèves Aborigènes en essayant de les assimiler de force dans des pensionnats indiens? Comment la Convention des Nations Unies sur la prévention de génocide peut-elle aider interprétations des revendications de génocide ? Si ce pas de génocide, quel autre descripteur est plus approprié ? Notre position pourrait être décrite comme « séance de clôture »: la question de génocide ne peut être réglée définitivement en ce moment. Cela concerne les interprétations polyvalentes du terme, couplé avec le corps grandissant d'évidence que le CVR accumule. Nous préférons le terme génocide culturel comme « un rez-de-chaussée » et comme un moyen de légalement et moralement interpréter le système IRS.


2017 ◽  
Vol 12 (1) ◽  
pp. 39
Author(s):  
Tracey Carr ◽  
Brian Chartier ◽  
Tina Dadgostari

<p>Attempts at resolution between former students of Indian residential schools and the non-Aboriginal Canadian population began with the signing of the Indian Residential Schools Settlement Agreement in 2006. The Settlement Agreement outlined provisions for the Truth and Reconciliation Commission to document the stories of former students and for the Resolution Health Support Program to offer emotional and cultural support to former students and their families. Although former students have catalogued their stories through the Truth and Reconciliation Commission process, experiences of healing from the events of Indian residential schools remain relatively unknown. The purpose of this qualitative study was to explore the perceptions of healing among former Indian residential school students. In partnership with an Aboriginal support agency in a small Saskatchewan city, we interviewed 10 Aboriginal people affected by residential schools. The focus of the interviews was to generate participants’ conceptions and experiences of healing regarding their residential school experiences. We found all participants continued to experience physical, mental, emotional, and/or spiritual impacts of residential school attendance. Disclosure of their experiences was an important turning point for some participants. Their efforts to move on varied from attempting to “forget” about their experience to reconnecting with their culture and/or following their spiritual, religious, or faith practices. Participants also noted the profound intergenerational effects of residential schools and the need for communities to promote healing. The findings will be used to guide an assessment of the healing needs among this population in Saskatchewan.</p>


2018 ◽  
Vol 11 (2) ◽  
pp. 132-146
Author(s):  
Anah-Jayne Markland

The ignorance of many Canadians regarding residential schools and their traumatic legacy is emphasised in the reports of the Truth and Reconciliation Commission (TRC) as a foundational obstacle to achieving reconciliation. Many of the TRC's calls to action involve education that dispels and corrects this ignorance, and the commission demands ‘age-appropriate curriculum on residential schools, Treaties, and Aboriginal peoples' historical and contemporary contributions to Canada’ to be made ‘a mandatory education requirement for Kindergarten to Grade Twelve students’ (Calls to Action 62.i). How to incorporate the history of residential schools in kindergarten and early elementary curricula has been much discussed, and one tool gaining traction is Indigenous-authored picturebooks about Canadian residential schools. This article conducts a close reading of Margaret Pokiak-Fenton and Christy Jordan-Fenton's picturebook When I Was Eight (2013). The picturebook gathers Indigenous and settler children together to contest master settler narratives regarding the history of residential schools. Using Gerald Vizenor's concept of ‘survivance’ and Dominick LaCapra's notion of ‘empathic unsettlement’, the article argues that picturebooks work to unsettle young readers empathetically as part of restorying settler myths about residential schools and implicating young readers in the work of reconciliation.


2011 ◽  
Vol 48 (4) ◽  
pp. 831
Author(s):  
Emily Snyder

In this article I provide a review of two connected events.  The first is the conference "Prairie Perspectives on Indian Residential Schools, Truth and Reconciliation," which was held in June 2010 in Winnipeg, Manitoba.  This conference was just one of many concurrent events taking place at the Truth and Reconciliation Commission of Canada's first national event.  Specific themes and aspects of the conference are covered here.  Secondly, I parallel my discussion of the conference to my experiences with the national event - experiences can be complex and do not happen in isolation from the broader context around them. Overall, I argue that while the conference and the national event made some meaningful contributions to ongoing dialogue about reconciliation in Canada, it is clear that understanding how to deal with and discuss the conflict that arises from discussions of residential school, "race relations," and reconciliation more broadly is an ongoing learning experience.  I offer some recommendations concerning how conflict could be better dealt with at future conferences and national events.  Reconciliation processes can be more effective if there is not only space for dissent but, most importantly, that mechanisms are in place for encouraging productive discussions about the conflict that arises and that will continue to arise.


Author(s):  
Marc A. Flisfeder

In the past year, the Government of Canada has established the Indian Residential Schools (IRS) Truth and Reconciliation Commission (TRC) to address the deleterious effect that the IRS system has had on Aboriginal communities. This paper argues that the TRC as an alternative dispute resolution mechanism is flawed since it focuses too much on truth at the expense of reconciliation. While the proliferation of historical truths is of great importance, without mapping a path to reconciliation, the Canadian public will simply learn about the mistakes of the past without addressing the residual, communal impacts of the IRS system that continue to linger. The Truth and Reconciliation Commission must therefore approach its mandate broadly and in a manner reminiscent of the Royal Commission on Aboriginal Peoples of 1996.


2017 ◽  
Vol 41 (3) ◽  
pp. 329
Author(s):  
Frédéric Laugrand

Author(s):  
Kim Stanton

AbstractWhen we talk about truth and reconciliation commissions, we are accustomed to speaking of “transitional justice” mechanisms used in emerging democracies addressing histories of grave injustices. Public inquiries are usually the state response to past injustice in the Canadian context. The Canadian Truth and Reconciliation Commission (TRC) is the result of a legal settlement agreement involving the government, representatives of indigenous peoples who attended residential schools for a period lasting more than a century, and the churches that operated those schools. Residential schools have been addressed in a series of public inquiries in Canada, culminating in the TRC. I argue that some of Canada's previous public inquiries, particularly with respect to indigenous issues, have strongly resembled truth commissions, yet this is the first time that an established democracy has called a body investigating past human-rights violations a “truth commission.” This article considers some of the reasons for seeking a truth commission in an established democracy and looks to a previous public inquiry led by Thomas Berger, the Mackenzie Valley Pipeline Inquiry, for some useful strategies for the TRC as it pursues its mandate. In particular, I suggest that a commission can perform a social function by using its process to educate the broader public about the issue before it.


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