scholarly journals Sustaining Cultural Genocide—A Look at Indigenous Children in Non-Indigenous Placement and the Place of Judicial Decision Making—A Canadian Example

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 59
Author(s):  
Peter Choate ◽  
Roy Bear Chief ◽  
Desi Lindstrom ◽  
Brandy CrazyBull

The Truth and Reconciliation Commission has called upon Canada to engage in a process of reconciliation with the Indigenous peoples of Canada. Child Welfare is a specific focus of their Calls to Action. In this article, we look at the methods in which discontinuing colonization means challenging legal precedents as well as the types of evidence presented. A prime example is the ongoing deference to the Supreme Court of Canada decision in Racine v Woods which imposes Euro-centric understandings of attachment theory, which is further entrenched through the neurobiological view of raising children. There are competing forces observed in the Ontario decision on the Sixties Scoop, Brown v Canada, which has detailed the harm inflicted when colonial focused assimilation is at the heart of child welfare practice. The carillon of change is also heard in a series of decisions from the Canadian Human Rights Tribunal in response to complaints from the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations regarding systemic bias in child welfare services for First Nations children living on reserves. Canadian federal legislation Bill C-92, “An Act respecting First Nations, Inuit and Métis children, youth and families”, brings in other possible avenues of change. We offer thoughts on manners decolonization might be approached while emphasizing that there is no pan-Indigenous solution. This article has implications for other former colonial countries and their child protection systems.

2017 ◽  
Vol 45 (4) ◽  
pp. 407-413
Author(s):  
Allan Effa

In 2015 the Truth and Reconciliation Commission of Canada concluded a six-year process of listening to the stories of Canada’s First Nations, Inuit and Métis peoples. More than 6000 witnesses came forth to share their personal experiences in listening sessions set up all across the country. These stories primarily revolved around their experience of abuse and cultural genocide through more than 100 years of Residential Schools, which were operated in a cooperative effort between churches and the government of Canada. The Commission’s Final Report includes 94 calls to action with paragraph #60 directed specifically to seminaries. This paper is a case study of how Taylor Seminary, in Edmonton, is seeking to engage with this directive. It explores the changes made in the curriculum, particularly in the teaching of missiology, and highlights some of the ways the seminary community is learning about aboriginal spirituality and the history and legacy of the missionary methods that have created conflict and pain in Canadian society.


2019 ◽  
Vol 27 (1) ◽  
pp. 3-12
Author(s):  
Colleen Sheppard

The Truth and Reconciliation Commission of Canada (TRC) was mandated to “document the individual and collective harms” of residential schools and to “guide and inspire a process of truth and healing, leading toward reconciliation.”  The stories of survivors revealed the intergenerational and egregious harms of taking children from their families and communities. In seeking to redress the legacy of the residential schools era, the TRC Calls to Action include greater recognition of self-governance of Indigenous Peoples, as well as numerous recommendations for equitable funding of health, educational, and child welfare services.


Author(s):  
Peter W. Choate ◽  
Taylor Kohler ◽  
Felicia Cloete ◽  
Brandy CrazyBull ◽  
Desi Lindstrom ◽  
...  

AbstractThe 1983 case Racine v Woods is the leading child protection case from the Supreme Court of Canada, distinguishing bonding and/or attachment as a more important determinant of best interest for an Indigenous child than cultural connection. Using this case, courts are upholding the permanent placement of Indigenous children in non-Indigenous homes as opposed to placement within their culture. Racine v Woods reflected knowledge of attachment and family at that time but runs counter to current knowledge. Reconsideration of the factors to decide cross-cultural adoption is needed. The essential point is that attachment assessment draws from a dyadic relational theory and is being applied to communal family systems, such as Indigenous systems. Such a review is consistent with the calls to action of the Truth and Reconciliation Commission (TRC) as well as its predecessor, the Royal Commission on Aboriginal Peoples (RCAP), and recent Canadian Human Rights Tribunal (CHRT) decisions.


Author(s):  
Tracy Coates & Philip Leech-Ngo

In the wake of the Truth and Reconciliation Commission of Canada report into the ‘cultural genocide’ perpetrated by the State of Canada against First Nations, Métis and Inuit peoples, through the widespread use of Residential Schools, the federal government offered an apology and an apparent opportunity for reconciliation[i]. Part of this programme was new legislation that would govern the relationship between First Nations and the federal government over First Nations education. Entitled the First Nations Control of First Nations’ Education (FNCFNE), the proposed bill promised a new deal and an apparent chance to renew a tarnished relationship. Yet in spite of its name, the bill offered very little in terms of progress. Indeed if it had been implemented, in many cases, the bill would have done little to increase First Nations’ control over the education of First Nations’ children and likely would have made effective language education extremely difficult. Indeed, this article’s analysis of the bill shows that, at its core, the law represents little more than the reinforcing of existing settler-colonial power dynamics. In particular, while it would have shifted virtually the totality of administrative responsibility for on-reserve education to First Nations it would have reserved ultimate power – manifest through control over funding – to Ottawa. As a result the FNCFNE would have represented a profound step in undermining First Nations language rights and language education in Canada. [i]    “Prime Minister Stephen Harper's statement of apology”, CBC News, 11 June 2008


2018 ◽  
Vol 1 (1) ◽  
pp. 15-37
Author(s):  
Laura Mudde

This review problematizes the health and socio-economic disparity between Indigenous and non-Indigenous communities, which I argue is due to the role of the Canadian government. Specifically, I analyse the continuous process of Indigenous administrative subjugation under Canadian rule to uncover the intrinsic racial predilections of Canadian government policy toward First Nations peoples in Canada’s Prairie West provinces through the application of diagnostic frame analysis as a multidisciplinary research method to analyse how people understand situations and activities. My research results reveal the racialized marginalization of First Nation peoples through the administrative regimes in Canada as a continuous contemporary process established in the late nineteenth and twentieth century. In exposing the structural discrimination of First Nations peoples, my research introduces the reader to the concept of political master narratives, or ‘imaginaries’. These imaginaries foster the health and socio-economic disparities between Indigenous and non-Indigenous groups in Canadian society. The critical analysis of these historically structural government instituted imaginaries and the indirect, exponentially higher chances of tuberculosis and related diseases and deaths among Indigenous peoples’ challenge conclusions of the Truth and Reconciliation Commission (TRC) on cultural genocide. This study proposes structural genocide as a more accurate and inclusive term for the continuous institutional marginalization of not only Indigenous peoples as seen in this case study of the Department of Indian Affairs (DIA) but for all Indigenous peoples in Canada.


2021 ◽  
pp. e20210005
Author(s):  
Petra Fachinger

This article explores how four settler narratives situate themselves differently within the reconciliation discourse in response to the Final Report of the Truth and Reconciliation Commission of Canada. In my reading of Gail Anderson-Dargatz’s The Spawning Grounds (2016) and Jennifer Manuel’s The Heaviness of Things That Float (2016) alongside Doretta Lau’s “How Does a Single Blade of Grass Thank the Sun?” (2014) and Amy Fung’s Before I Was a Critic I Was a Human Being (2019), I show how these narratives express different degrees of critical reflection on the settler colonial state and differ in their acknowledgement of Indigenous resurgence. I adopt David B. MacDonald’s distinction between “liberal reconciliation,” which is based on a “shared vison of a harmonious future,” and “transformative reconciliation,” which “is about fundamentally problematizing the settler state as a colonial creation, a vector of cultural genocide, and one that continues inexorably to suppress Indigenous collective aspirations for self-determination and sovereignty” as a critical framework.


2020 ◽  
Vol 5 (4) ◽  
pp. 178-182
Author(s):  
Peter D Shipley

The challenges and complexity of the reconciliation process are still not well understood by a large number of non-Indigenous people in Canada. As a nation, we are attempting to grasp the intricacy of how to unravel and atone for the damage that has been done in establishing and managing the more than 130 residential schools in Canada. This not only impacted more than 150,000 First Nations, Métis, and Inuit children but destroyed generations of families that are still and will continue to be impacted for years to come. The official apology from Prime Minister Stephen Harper on June 11, 2008, to all Indigenous people in Canada for the atrocities of the Indian Residential Schools was the start of a very long and painful continuous journey. The 94 calls to action released in 2015 by the Truth and Reconciliation Commission provide a road map to a complex recovery process for Indigenous people across the country. In January 2018, Health Canada held a national panel discussion with Indigenous leaders and experts on the question “Reconciliation—What Does it Mean?” One of the main themes of reconciliation revolves around education, and, in order to stay focused, we must continue to educate Canadians, including police leaders and new recruits, as we move through the meandering path of econciliation. The book Our Shared Future provides an outstanding in-depth look through the windows into a number of individual perspectives on the reconciliation journey.


2011 ◽  
Vol 34 (2) ◽  
pp. 167-184 ◽  
Author(s):  
Marie-Pierre Gadoua

This paper addresses various forms of healing and reconciliation among Canadian Inuit and First Nations, in regards to the Indian residential school system and the Truth and Reconciliation Commission (TRC). Stemming from fieldwork at the TRC’s first national event in Winnipeg (June 2010), I present observations that are supplemented by previous studies on Aboriginal healing methods in Canada. Although Inuit and First Nations healing and reconciliation strategies are based on common themes—tradition and community—in practice they diverge notably, both in their principles and in their applications. First Nations seek healing by activating a sense of community that often transcends their specific cultural group or nation, using pan-Indian spiritual traditions and ceremonies. In contrast, the Inuit most commonly seek to preserve and promote specific Inuit traditions and identity as tools in their healing practices. This divergence could be seen in Inuit and First Nations’ participation in the TRC. The creation of the Inuit sub-commission within the TRC in March 2010, resulting from intense lobbying by Inuit leaders, was a first sign of the group’s distinctive approach to healing. But the unfolding of the TRC’s first national event in Winnipeg showed again how these differences materialise in practice and contribute to a better understanding of Inuit responses to the repercussions of their colonial past and strategies for healing from the legacy of residential schooling.


Sign in / Sign up

Export Citation Format

Share Document