Truth and Reconciliation Commission of Canada

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The body of the Truth and Reconciliation Commission is made up of ten residential school survivors from across Canada.The Commission is a response from survivors and communities to have their experiences in the residential school system in Canada recorded and acknowledged[1]. From June 2008 to December 2015, the Commission listened to survivors, families of survivors, and any person who was affected by the residential school system in Canada. People gave statements about their experiences in residential schools or how they were affected by them [2] [3]. Statements were given by one on one interviews, written statements or public forums. The Commission held seven national events across Canada in effort to educate all Canadians about the legacy of residential schools[4][5]. The legacy of the residential schools is not well understood by many Canadians; education, research and awareness from the Truth and Reconciliation Commission seeks to fill the knowledge gap on Canada's history[6]. Truth, justice and healing is fundamental in the reconciliation process[7]. By telling the truth about the residential school system, Canadian history was rewritten. It forced Canadians to acknowledge the racism and discrimination in the country. Acknowledging of the truth of residential schools was paramount in the healing process for aboriginal communities in Canada which allowed for building a renewed relationship with the country that is based on mutual respect [8][9][10].


Calls to Action

Legacy[11]

Child Welfare

Education

Language and Culture

Health

Justice

Reconciliation[12]

Canadian governments and the United Nations Declaration on the Rights of Indigenous People

Royal proclamation and covenant of reconciliation

Settlement agreement parties and the United Nations Declaration on the Rights of Indigenous Peoples

Equity for Aboriginal people in the legal system

National council for reconciliation

Professional development and training for public servants

Church apologies and reconciliation

Education for reconciliation

Youth programs

Museums and archives

Missing children and burial information

National centre for truth and reconciliation

Commemoration

Media and reconciliation

Sports and reconciliation

Business and reconciliation

Newcomers to Canada

The Royal Commission on Aboriginal Peoples

The commission began in 1991 in response to an intense crisis between Aboriginal community and the Canadian Government land dispute between Mohawk Nation at Kanasetake and Quebec town of Oka[13]. The land dispute became known as the Oka crisis[14]. The Oka crisis generated a sense of urgency for Aboriginal issues in Canada to be looked into[15]. James Anaya was the Special Rapporteur who gathered research about the human rights of Aboriginal people in Canada. Anaya found that the inequality that Aboriginal people face in Canada was c comparable to impoverishment that third world countries were facing[16][17]. The 1996 final report Proposed a comprehensive strategy to restore social, economic and political health to Aboriginal people over a span of 20 years. In total the Commission outlines 440 recommendations to achieve social, economic and health goals[18].

5 Key Themes of the report[19]:

1. Aboriginal Nations have to be reconstituted

2. A process must be established for the assumption of powers by Aboriginal Nations

3. There must be a fundamental reallocation of lands and resources

4. Aboriginal people need education and crucial skills for governance and self reliance

5. Economic development must be addressed if the poverty and despondency of lives defined by unemployment and welfare are to change

UN Declaration of Rights of Indigenous Peoples

The UN Declaration is based on non-discrimination and equality. Aboriginal people in Canada were denied the right to help build the Canadian Nation and because of that systematic denial, Canada violated human rights of Indigenous Self Determination[20]. Under international law, if indigenous people are denied the right to self determination, they are required a remedy. The UN Declaration of Rights is significant to the Truth and Reconciliation Commission because it provides a guide for aboriginal people in Canada to achieve self determination, which is fundamental for aboriginal community reconciliation[21][22][23].

Guiding Principals of Truth and Reconciliation'

Indigenous Legal Traditions

The Aboriginal Legal System is the oldest legal system in Canada because Aboriginal Law was being used long before Canada was even a Nation[24]. The Supreme Court of Canada recognizes that Aboriginal people in Canada possess their own legal system[25][26]. Aboriginal Law functions differently than Canadian Law: it is used as a tool for reconciliation. Resorting relationships is at the corner stone of Aboriginal Law because it allows for communities to move forward and live in harmony[27]. Aboriginal Law contains guidance about how to live peacefully in the world, how to create stronger order and how to overcome conflict[28].The Aboriginal legal system plays a significant function in the TRC because it seeks to find the truth throughout testimony and encourages listening and deliberation. Maintaining societal peace is the main objection of aboriginal law[29][30].

Canada's Official Apology June 11, 2008

"The Government of Canada sincerely apologizes and asks the forgiveness of the Aboriginal Peoples of this country for failing them so profoundly[31].

Nous le regrettons

We are sorry

Nimitataynan

Niminchinowesamin

Mamiattugut"


When the Government of Canada gave an official apology to former students of residential schools in Canada, it became known as "The Day of the Apology". The official apology by the government was significant because it was a necessary first step to the process of reconciliation for the wrongful assimilation tactic that was undertook[32].


References

  1. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
  2. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
  3. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  4. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
  5. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press
  6. ↑ Commission of Canada.(2015).Truth and Reconciliation of Canada. N.A
  7. ↑ Commission of Canada.(2015).Truth and Reconciliation of Canada. N.A
  8. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
  9. ↑ Commission of Canada.(2015).Truth and Reconciliation of Canada. N.A
  10. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  11. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  12. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  13. ↑ Dussault, R. (2007). Vision of the Royal Commission on Aboriginal Peoples. Saskatchewan Law Review: 70(1), 93-98.
  14. ↑ Dussault, R. (2007). Vision of the Royal Commission on Aboriginal Peoples. Saskatchewan Law Review: 70(1), 93-98.
  15. ↑ Dussault, R. (2007). Vision of the Royal Commission on Aboriginal Peoples. Saskatchewan Law Review: 70(1), 93-98.
  16. ↑ Dussault, R. (2007). Vision of the Royal Commission on Aboriginal Peoples. Saskatchewan Law Review: 70(1), 93-98.
  17. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  18. ↑ Enns, Charis & Mitchell, Terry. (2014). The UN Declaration on the Rights of Indigenous Peoples: Monitoring and Realizing Indigenous Rights in Canada. Policy Beief: 39, 1-1
  19. ↑ Enns, Charis & Mitchell, Terry. (2014). The UN Declaration on the Rights of Indigenous Peoples: Monitoring and Realizing Indigenous Rights in Canada. Policy Beief: 39, 1-1
  20. ↑ Gunn, Brenda L. Self-determination as the basis for reconciliation : implementing the UN Declaration on the Rights of Indigenous Peoples. Indigenous Law Bulletin: 7 (30).
  21. ↑ Enns, Charis & Mitchell, Terry. (2014). The UN Declaration on the Rights of Indigenous Peoples: Monitoring and Realizing Indigenous Rights in Canada. Policy Beief: 39, 1-1
  22. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  23. ↑ Gunn, Brenda L. Self-determination as the basis for reconciliation : implementing the UN Declaration on the Rights of Indigenous Peoples. Indigenous Law Bulletin: 7 (30).
  24. ↑ Borrows. John. (2006). Indigenous Legal Traditions in Canada. The Law Commission of Canada. N.A.
  25. ↑ Borrows. John. (2006). Indigenous Legal Traditions in Canada. The Law Commission of Canada. N.A.
  26. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press
  27. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press
  28. ↑ Borrows. John. (2006). Indigenous Legal Traditions in Canada. The Law Commission of Canada. N.A.
  29. ↑ Borrows. John. (2006). Indigenous Legal Traditions in Canada. The Law Commission of Canada. N.A.
  30. ↑ Commission of Canada .(2015).Canada’s Residential Schools: Reconciliation Volume 6. McGill- Queens University Press.
  31. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
  32. ↑ DeGagné, Mike; Dewar, Jonathan; Younging, Gregory. (2009). Response, Responsibility, and Renewal. Aboriginal Healing Foundation.
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