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Reconciliation: Your Move, Governments

TRC lays bare the dark legacy of residential schools. Will those in power be compelled to act?

Judith Sayers 10 Jun 2015TheTyee.ca

Judith Sayers (Kekinusuqs) is from the Hupacasath First Nation in Port Alberni, B.C. and is a lawyer. She also holds an honourary Doctor of Laws from Queen's University. She is currently serving her first term as an elected member of the First Nations Summit's political executive.

She is a member of the Tyee National Pool, made possible by generous contributions by readers who pledge monthly amounts as Tyee Builders.

The long awaited report of the Truth and Reconciliation Commission was released with much attention and flourish on June 2. "Honouring the Truth, Reconciling the Future" was based on seven years of documenting what happened to thousands of students in over 130 residential schools, across 125 years. The report contains 94 calls to action, and is being hailed as a historic moment that authenticates the dark, horrific history of the schools.

Justice Murray Sinclair, the chief commissioner of the TRC, called his six years on the project "a difficult, inspiring and very painful journey." His report describes residential schools as "cultural genocide," and Chief Justice Beverley McLachlin and Quebec Premier Philippe Couillard have publicly agreed. The use of "cultural genocide" to describe what happened to First Nations children in residential schools is not surprising to the many generations who've lived with the devastating effects of the schools on our language, culture, families, governments and communities.

One must remember the political atmosphere in which the TRC was forged. It was a negotiated agreement that arose through the Indian residential schools settlement. This settlement was to resolve several class action lawsuits brought by residential school survivors against churches and the federal government for abuse suffered in their student years. It set the terms of compensation for survivors, and meant that they didn't have to relive their trauma by testifying and undergoing cross-examination in court.

Would the federal government have agreed to the commission without the pressure of these lawsuits? I find it unlikely. There are also no terms in the settlement for what happens after the commission. Legally, nothing compels the government to take action. Morally, it's a different story.

Everyone has a role

Currently, the political relationship between governments and First Nations in Canada is volatile. Various governments continue to push through natural resource projects in the face of aboriginal opposition. The federal government has imposed laws on First Nations without their consent, such as the First Nations Financial Transparency Act. Every year, First Nations fall further behind financially. The prime minister continues to refuse a national inquiry on missing and murdered indigenous women. There are many more such issues.

Working at reconciliation may help alleviate this volatility. The federal, provincial and territorial governments need to accept the TRC report in their legislatures. All levels of government should then appoint a committee to determine which actions are with their jurisdiction and outline how the action items can be pursued. This should be done in collaboration with Indigenous people. There should be plans and timelines adopted by governments with progress reports annually in the legislatures on what has been done and what has yet to be done.

First Nations and their organizations have to study the report as well, determine what they can do, and do it. They need to consistently lobby and push the governments to implement those recommendations that apply to them. They need to continue to educate the public on residential schools and the many, many impacts that First Nations individuals and communities still cope with. They require public support in pushing the governments to accept and implement the calls to action.

Universities, educational institutions, the justice system, churches, museums, business, sports -- anyone who is named in the report's calls to action needs to acknowledge the recommendations within their own frameworks and work on reconciliation in their own way.

A serious first step

One of the calls to action requires the establishment of the National Council for Reconciliation. This would be an independent, national oversight body with joint membership of aboriginal and non-aboriginal peoples. It would monitor, evaluate and report to Parliament on the progress of reconciliation. It would house all the information gathered during the TRC and make sure it is preserved. It would also put in place a multi-year National Action Plan for reconciliation, which would include research and policy development, public education programs and resources.

Such a body would be the first step in the implementation of this report. I would also like to see the council have powers to compel governments and First Nations to act and participate in completing the actions. There should be a dispute resolution process for any issues where there is no progress. The establishment of such a council would be a very positive sign that this report is being taken seriously.

Reconciliation will be a hard fought battle by all governments, First Nations governments, organizations and people. The impacts of the residential schools are deeply embedded, and it will take time and huge efforts to reconcile the past.

If the people of Canada seriously want to change Canada to eradicate the laws, policies and colonialist attitudes that were responsible for residential schools, the TRC report must be taken seriously as a foundation for reconciliation. Reconciling, making amends, learning to work and live together to make positive changes that allow for the resurgence of Indigenous Nations in the absence of conflict is a world I aspire to.  [Tyee]

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