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Indian Residential Schools Settlement Agreement
18
McKenna Saul
Indian Residential Schools Settlement Agreement
If you walk through the windows of Canada’s parliamentary building in Ottawa, you will see a stained glass window that commemorates the legacy of Indian Residential Schools and the Prime Minister of Canada’s apology to the former students.
Giniigaaniimenaaning
- Residential schools and day schools operated throughout Canada from 1840 until 1996.
- Over 150,000 Indigenous children ages 4-20 were forced to go through the system
- The schools were designed to ensure the forced assimilation of Indigenous children into European (Canadian) culture.
Background
These Schools, according to the Truth and Reconciliation Committee (TRC) were created "for the purpose of separating Aboriginal children from their families, in order to minimize and weaken family ties and cultural linkages, and to indoctrinate children into a new culture.”
Purpose
- The schools were successful.
- It is estimated that it will take 7 generations to address the harm done to these families.
Impact
Children:
- were removed from their families and communities
- were forbidden to speak Indigenous languages
- were forbidden to engage in any traditional cultural practices
- experienced emotional, physical, and/or sexual abuse.
About the children
- An estimated 6000 children died as a result of the harsh ways of the residential school system
- The last school closed in 1997.
Some children did not survive
Self-harm, Substance Abuse, Mental Health Issues
Survivors
- For First Nations people between the ages 10-44 suicide, self inflicted harm and injury were some of the LEADING causes of death and were responsible for 40% of mortalities
- Women of the Aboriginal culture have attempted suicide 8 times more often than other Canadian women
- First Nations men 5 times more than other Canadian men
https://youtu.be/yFbLMNgTXeI
A History Lesson
This video provides an excellent summary of the history of Canadian Colonization, its effects on indigenous people, and the Indian Residential Schools
Phyllis Webstad, Northern Secwepemc author from the Stswecem'c Xgat'tem First Nation, and a school survivor
She is also founder of Orange Shirt day, and narrates this video
The Indian Schools Settlement Agreement
The Agreement
In 2006, an historic Settlement Agreement was reached between former students, the Churches, Aboriginal organizations and the Government of Canada to address the legacy of Indian Residential Schools
Timeline
This timeline helps us understand how the agreement came to be. The personal was the political!
Indian Act
It contains a number of clauses that allow the federal government to establish Indian Residential Schools
1876
Indian Act Enacted
1885 Luis Riel Executed
1885
Luis Riel
Executed
Riel’s speech:
https://greatcanadianspeeches.ca/2019/11/16/louis-riel-speech-to-the-jury-1885/
Luis Riel executed for high treason
RIel defended the Metis lands, initially trying diplomacy. His counsel defended Riel on the grounds of insanity. Riel understood that if he was cast as insane, his lawyers would discredit his people’s legitimate grievances against the Canadian government. Riel wished to pursue a claim of self-defense instead, arguing that Métis actions were justifiable. Since his counsel was paid for by friends in Quebec who likely had different motives than Riel. At the end of his trial, Riel gave an eloquent speech that systematically dismantled his lawyers’ insanity-defense strategy. While the speech proved his sanity it also led to his execution.
1885
Luis Riel executed
”Although a half-breed, and having no pretension to help the whites, I also paid attention to them. I saw they were deprived of responsible government, I saw that they were deprived of their public liberties. I remembered that half-breed meant white and Indian and while I paid attention to the suffering Indians and the half-breeds I remembered that the greatest part of my heart and blood was white and I have directed my attention to help the Indians, help the half-breeds and to help the whites to the best of my ability. We have made petitions, I have made petitions with others to the Canadian government asking to relieve the condition of this country.”
Riel explained his defensive position: “The agitation in the Northwest Territories would have been constitutional, and would certainly be constitutional today if, in my opinion, we had not been attacked.”
He concluded: “If you take the plea of the defense that I am not responsible for my acts, acquit me completely since I have been quarreling with an insane and irresponsible government.”
(How did the government suppress Riel’s voice? What sacrifice did he have to make to ensure his voice was heard? )
1970's Survivors Speak
Survivor stories to listen to:
https://next150.indianhorse.ca/challenges/survivor-stories
Starting in the 1970's, survivors spoke out about the abuse they endured at the schools
1970's Survivors Speak
1980's Survivors Turn to the Courts
1980's Survivors turn to the courts
April 1988, eight Survivors from St. George’s Indian Residential School in Lytton, B.C., successfully brought charges against Derek Clarke, a dormitory supervisor, for sexual abuse. Clarke had worked at the Anglican-run school from 1966 to 1973.
Mi'kmaq activist and the first lawsuit
Nora, a survivor, was killed by her grandson. This reflects the complexities of the outcomes of and the inter-generational trauma of the schools.
Nora Bernard
- Nora Bernard, aged 9, attended the Shubenacadie Indian Residential School from 1945-1950
- Her mother signed the consent forms under threat that if she refused Nora would be seized by child welfare.
- In the 80's, Nora interviewed fellow survivors which led to the creation of the Shubenacadie Indian Residential School Survivors Association.
- The association filed the first class action suit against Canada's government in 1995
Read here: https://www.cbc.ca/news/canada/nova-scotia/killer-s-mother-recalls-greatest-depths-of-despair-1.699128
1991 Royal Commission on Aboriginal Peoples Established
1991 RCAP Established
- Mandated to investigate, and propose solutions to, the troubled relationships between Indigenous peoples, the Canadian government, and Canadian society.
- Hosted meetings with indigenous people to talk about these relationships
- Survivors raised awareness of residential schools and abuses
- RCAP advised inquiry into the schools
1995: First Suit Against Canada Filed
1995
- By the Shubenacadie Indian Residential School Survivors Association
- Sought compensation for every child who attended a given residential school
- The suit demanded compensation for sexual and physical abuse, child labor, incarceration, and loss of language and culture.
- Other survivors across Canada joined the lawsuit, until it grew to be the largest class-action lawsuit in Canadian history, representing more than 79,000 survivors.
- The Canadian government settled the lawsuit in 2005 for upwards of 5 billion dollars.
Liability for the Government and Churches established in Canadian Courts
1995-2005
Willie Blackwater was raised by his parents until he was 10. Sent by greyhound bus in 1963 to Alberni Indian residential School.
“That was the first time I had left home. It was scary.” “when we first arrived, we were introduced to the [people who were looking after us] and they took us to the dormitory. It didn’t seem to bad when we first got there. After things started settling in we found out what the school was about.”
Trigger Alert: Blackwater's story includes a story of abuse, with disturbing details
Willie Blackwater's Story
The first week:
“my first week there, my supervisor, Mr. Plint”…”I was woken up in the middle of the night and there was Mr. Plint telling me to be quiet, I had to go to the office real quick because there was an emergency phone call.” “the phone was off the hook but when he came in, he put it back on.” “he shut the door, and told me there wasn’t a call, he just needed to talk to me. I started getting scared. I didn’t know what to do. He was rubbing my back and told me it was going to be all right.” “he told me I was someone he took a liking to. He said that boys like me will get treated special, better than the other kids.” “I didn’t know what he was talking about. I kept telling him I wanted to go back to bed.” “he said, ‘come with me I want to show you something.” “I was led to his bedroom…when he brought me in there he took his robe off, and he faced me. I tried to run out of the room. He pushed me on the bed and told me to stay there or I would be in deep trouble. He told me to take my pajamas’ off, and I did that and..he put his mouth on my penis, and then he made me do the same thing to him. He kept playing with himself and he ejaculated in my mouth. I was starting to get sick, and he grabbed my hair and said I better not get anything on his bed or I was going to get hurt.”
The First Week
The Abuse Continues
The abuse happened over and over again. He used shame and threats of harm to make sure Willie complies. “the second time…he turned me over on my stomach and penetrated me and I started to scream.” Plint put a pillow over Blackwater’s face. This went on for years. He met a girl, but didn’t believe he could be married, because of what happened.
Aftermath
From age 13, alcohol and drugs were a apart of his life.
“I didn’t care if I lived or died.” He had a son with his first relationship. His girlfriend left because he was too angry and hostile. Blackwater wasn’t able to see his son for year.
What happened to him affected the people in his life
Turning Point
Blackwater made the decision to change his life when his 2nd partner was expecting their 2nd child. He saw the newborn baby:
“I saw a human being that I could love. I swore I would never lose anyone again the way I lost my son.”
He quit drinking but had urges to relapse. "I dreamt of my grandmother and remembered what she said 'When you're in dire need of help, call upon the Lord and God will help you through everything.'"
He started to go to take his daughter to his church. But he struggled there because he "hated all white people".
“that was the face that hurt me."
Accountability
Blackwater, a friend of his from the school, and the friend’s brother made the decision to bring charges against Plint.
In March 1995, 18 victims were involved in charges of sexual assault by Plint. “somebody had to take responsibility for what happened to us, and that was the government. The church was just the scapegoat.”
From 1995-2005, liability for the government and church was established in Canadian courts residential school court cases established the principle that the government and church could be legally liable for the sexual abuse of children, as they had brought the child and abuser together (“vicarious liability”).
RCAP Report Released
1996 RCAP report released
It recommends a public investigation into the violence and abuses at residential schools and brings the experiences of former students to national attention.
https://www.bac-lac.gc.ca/eng/discover/aboriginal-heritage/royal-commission-aboriginal-peoples/Pages/final-report.aspx
1998 Gathering Strength Action Plan
1998 Gathering Strength
“Today, the federal government commits $350 million for community-based healing as a first step to deal with the legacy of physical and sexual abuse at residential schools. It will be First Nations, Inuit and Métis people themselves, along with health and social professionals, who will help us in shaping support that is culturally sensitive and reflects the experiences of different communities.”
4 stages in relations between Aboriginal and non-Aboriginal people.
1. Separate worlds – prior to European arrival in Canada.
2. Contact and cooperation – a time when settlers and Aboriginal people were co-dependent.
3. Deterioration to displacement and assimilation – the period from the early 1800s until about 30 years ago, a time when colonial governments imposed their ways on Aboriginal people.
4. Renewal –the chance in this generation to correct past wrongs and move forward in cooperative relationships once again.
"I am reminded today of the testimony of a young person who said: "One of our great spiritual leaders advises us that we must look back seven generations and look forward seven generations and realize that we are the balance." The seventh generation philosophy, a traditional way of thinking and decision making, orients us between past and future. It tells us to be conscious of the lasting impact of our decisions today and to do the very best we can for coming generations. The government acknowledges that it may take 7 generations to address the impacts of these decisions
Honorable Jane Stewart, Minister of Indian Affairs and Northern Development advocates for the plan
“We first need to understand that over and above hundreds of individual recommendations, the Commissioners directed us to examine the very core of how we have lived together in this country.”
The Commissioners stated "The main policy direction, pursued for more than 150 years, first by colonial then by Canadian governments, has been wrong."
Justice Stewart shares Chief Steven Point's experiences
Reconciliation Statement
(I was unable to find any direct statements from Chief Steven Point)
Chief Steven Point
"Chief Steven Point of the Sto:lo Nation in British Columbia points to that legacy in describing day-to-day life in his community. As a lawyer, he talks about "Indian Day" at Chilliwack court, the day on which all of the Indian cases are dealt with. He can even laugh a little when he says that these court days are a little like a family reunion because there are mothers and fathers, sons and daughters, brothers and sisters all there in trouble from the same families. As a Chief, he says there are not enough hours in the day to help members of his community struggling with alcoholism, devastated by suicide, or tempted by crime for lack of anything better to do. He says that trying to cope with it all is like trying to hold water in his hands. And the worst part of all, he says, is that his people have little hope, little confidence, little faith in either him or themselves to regain their pride and sense of self-worth. There is a poverty of spirit, a poverty of the soul. What Chief Point describes is a reflection of the grief and pain of Aboriginal people. But where there is difficulty and distress, there is also leadership and vision. Chief Point and all First Nations, Inuit and Métis communities are determined to restore hope and strengthen their communities. I believe they can and they will. For its part, I believe that the federal government must acknowledge its role in the past relationship so that the transformation can begin."
the importance of reconciliation
how to move forward
“In dealing with the legacies of the Residential School system, the Government of Canada proposes to work with First Nations, Inuit and Métis people, the Churches and other interested parties to resolve the longstanding issues that must be addressed. We need to work together on a healing strategy to assist individuals and communities in dealing with the consequences of this sad era of our history.”
Purpose of Statement
The Government of Canada recognizes that policies that sought to assimilate Aboriginal people, women and men, were not the way to build a strong country. We must instead continue to find ways in which Aboriginal people can participate fully in the economic, political, cultural and social life of Canada in a manner which preserves and enhances the collective identities of Aboriginal communities, and allows them to evolve and flourish in the future.”
“Our purpose is not to rewrite history but, rather, to learn from our past and to find ways to deal with the negative impacts that certain historical decisions continue to have in our society today.”
Entire Statement of Reconciliation:
https://www.rcaanc-cirnac.gc.ca/eng/1100100015725/1571590271585
Entire Statement of Reconciliation:
Framework for Action
1. Renew the partnership to engage all possible partners and resources so the relationship will be a catalyst to better the lives of Aboriginal people in Canada.
2. Strengthen Aboriginal governance so that communities have the tools to guide their own destiny and to exercise their inherent right of self-government.
3. Design a new fiscal relationship that provides a stable flow of funds in support of transparent and accountable community development.
4. Sustain the growth of strong, healthy Aboriginal communities, fueled by economic development and supported by a solid, basic infrastructure of institutions and services.
Framework for Action
The plan was to include a commitment to partnership that included:
to work out solutions together beforehand, instead of picking up the pieces after the fact;
a commitment to negotiate rather than litigate;
a commitment to communication;
a commitment to meaningful consultation; and
a commitment to prompt action to address concerns before positions get too polarized to move.
Principal of Partnership
Plans for cultural enrichment:
Plans for Cultural Enrichment
First Nations and Inuit language program to preserve and enhance the use of Aboriginal languages
A public education campaign to increase the understanding of all Canadians about Aboriginal culture and history
A capacity-building program to help Aboriginal organizations in the design, development and implementation of initiatives affecting Aboriginal people.
June 2001 Canadian Mandate
The government of Canada created the Indian Residential Schools Resolution Canada, with a mandate to “address the legacy of Indian Residential Schools and to manage and resolve claims
June 2001
Canadian Mandate
And it seemed that Canada was on a road to healing, with a plan for inclusion, collaboration and cultural sensitivity, but there were problems…(read on)
October 2001
Problem: the claims of the children of Survivors not accepted.
Government of Canada announced that it would be responsible for 70% of the compensation to victims of physical and sexual abuse in cases where the federal government and church were found jointly culpable.
The churches would be responsible for 30%, which they would pay directly to Survivors.
Problem: The compensation would not cover “claims for loss of parental love, family life, language, culture, religion and discriminatory inadequate food, health and education”
October 2001
Canada Announces Compensation
The United Church voiced concern over whether some church entities would meet their obligations.
Problem: The United Church stated their disappointment in the government for failing to compensate Survivors for loss of language, culture and spirituality.
October 2003
Canada Signs Agreements With Presbyterian and Anglican Churches
2003
- Anglican Church to pay $25.7 million compensation to former residential school students
- Presbyterian church to pay $2.1 million towards out-of-court settlements.
- Canada removes the churches as additional defendants in residential school claims against Canada.
- The United Church assumed their own financial responsibility, partly because it was opposed to limiting compensation to sexual and physical abuse.
Alternative Dispute Resolution
November 2003
Alternative Dispute Resolution Commences
- Launched by the Office of Indian Residential Schools Resolution Canada as a means to determine compensation for Survivors outside the courts.
- Operated from 2003 to 2007
Problem: Neither Survivors nor the Assembly of First Nations were consulted regarding the design of the program
2004
2004-2006
- Assembly of First Nations' (AFN) National Chief Phil Fontaine(also as survivor of residential schools)
- Called for an examination of the ADR model, highlighting major flaws.
- AFN asserted that reconciliation could not be achieved by compensation alone.
- Truth-telling, healing, and public education were also needed
2005
November 20, 2005
Indian Residential Schools Settlement Agreement
(IRSA) in Principle was signed. Here is how this came to pass:
- By 2005, Survivors had launched approximately 4,500 lawsuits representing 10,000 plaintiffs, and 4,000 claims awaited the attention of the Alternate Dispute Resolution program.
- 11 class action suits had been filed.
- The government, seeking to put an end to the growing number of court cases and noting the flawed ADR process, sought a settlement.
- It brought together Survivors’ lawyers, the Assembly of First Nations, Inuit representatives, other Indigenous organizations, and the churches to negotiate.
2006
2006 IRSA signed
- Fontaine v. Canada (Attorney General): Residential school plaintiffs in existing class-action suits agreed to merge their suits into a single class action The new class action would be referred to as “Fontaine v. Canada” with Phil Fontaine acting as the representative plaintiff on behalf of all former residential school students and the Assembly of First Nations (AFN).
- On April 24, parties signed the final IRSA
- On May 10, the cabinet approved IRSA
- On December 15, Justice Dennis Ball certified the class action and approved the terms of the IRSA in Saskatchewan.
- 9 other jurisdictions across Canada followed in the ensuing months
This was the largest class action settlement in Canadian History
2007
September 19 IRSA Came into Effect
The Agreement applied to First Nations, Inuit, Inuvialuit, and Métis Survivors, and included 3 main components:
1. The Common Experience Payment (CEP) compensation based on time spent in schools
2. Independent Assessment Process (IAP) : compensation for individuals who had experienced physical and/or sexual abuse.
3. Additional funding was given to the Aboriginal Healing Foundation and a commemoration fund was created; IRSSA also called for the creation of a Truth and Reconciliation Commission.
2007-2016
The Common Experience Payment (CEP)
- Compensated eligible Survivors for attendance at residential schools or hostels.
- 79,309 successful applicants
- Average payout of $20,457 (well below the initial projection of $28,000)
- Survivors’ experience of the CEP was generally negative:
- Problems learning about and applying for CEP
- Problems dealing with government agencies to
- obtain assistance
- verify they were survivors
- Problems with the lengthy process and unsatisfactory outcomes
But the problems with the CEP paled in comparison to those of the Independent Assessment
2007-2021
The Independent Assessment Process (IAP)
- Compensation from the government to Survivors for physical and sexual abuse
- Over 38,400 claims
- Over $3.180 billion total compensation.
- Average compensation $111,265 (including legal costs).
- Survivors' reactions to the process were largely negative:
IAP Problems
Problems:The application form was lengthy, the points system used for “grading” level of abuse was impersonal, the experience of retelling was re-traumatizing, and the process was extremely lengthy and bureaucratically inefficient.
Problem: There was no mental health support provided following the IAP process, while awaiting the decision for very long time frames
Problem: The government convinced the IAP adjudicators to exclude some institutions that had been covered by Settlement Agreement--depriving some claimants of any restitution
Problem: Many survivors of residential schools were excluded entirely from the settlement, as well as the 2008 apology from the Prime Minister.
Additional Problems with the IAP
Problem: Many survivors were excluded:
- Day school survivors, and those who attended residential schools during daytime hours, Métis who attended Métis residential or boarding schools, those who attended schools in Newfoundland and Labrador, and those who attended schools that were not considered to be under federal jurisdiction.
Problem: Lawyers took financial advantage of their client claimants
- The large fund combined with an allowance in the agreement for counsel to charge up to 15% of the settlement attracted many lawyers, most who had little training or experience with trauma-informed work
- The 15% of settlement payout charge was intended for only the most complex settlements, but several lawyers routinely charged this
Problem: Many survivors who valued acknowledgment and apology over financial compensation were re-traumatized by the "incredible detail required" during IAP or accepted smaller payouts because they could not discuss their trauma
2008 Truth and Reconciliation Commission (TRC) Convenes
- 5 year term, one extension granted (Jan2014-June 2015)
- $60 million in funding.
- Purpose: inform Canadians about what happened in residential schools. TRC conducted national and regional events across Canada, documenting the truth of Survivors, their families, and communities.
TRC convenes
June 11, 2008
Apology on Behalf of Canadian Government
Prime MInister's Apology
Prime Minister Stephen Harper's statement included the following:
“Mr. Speaker, I stand before you today to offer an apology to former students of Indian residential schools. The treatment of children in Indian residential schools is a sad chapter in our history. . . . Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country. . . .
"The government now recognizes that the consequences of the Indian residential schools policy were profoundly negative and that this policy has had a lasting and damaging impact on aboriginal culture, heritage and language.”
Undoing the Apology: Privilege and Forgetting
Privilege Undermines Apology
For indigenous people, who have seen agreement after agreement violated, who have experienced betrayal by the government, this apology was (shockingly!) well-received!
Unfortunately, (less than 1 year later!) the SAME Prime Minister said:
“We’re so self-effacing as Canadians that we sometimes forget the assets we do have that other people see. . . . We are one of the most stable regimes in history. . . . We also have no history of colonialism. So we have all of the things that many people admire about the great powers but none of the things that threaten or bother.”
Reconciliation Words and Actions
Reconciliation
As we have learned in this course, the feminist methodology encourages us to listen to the narratives of those whose experiences we are seeking to understand.
Sadly, even during the process of the Indian Residential Schools Settlement Agreement, this was astoundingly forgotten!
Chief Robert Joseph, Survivor,
Encourages
Reconciliation
It is shocking that First Nations survivors, whose were betrayed repeatedly for generations before they were unjustly and horrifically treated, were open to forgiveness and reconciliation!
In this video, hear Chief Joseph's thoughts about reconcilation (excerpts on next page)
https://www.youtube.com/watch?v=2zuRQmwaREYTrauma/Impact
“Those schools lasted for over a 100 years. The last school closed in Saskatchewan in 1996...Nobody knew about the residential school legacy, nobody knew about the intent of the Indian act, or the challenges facing aboriginals.”
“They targeted language, and to know where we came from and who we were was something that had to be eliminated“
"We are starting to accept the idea that we have this shared history for which we are all responsible for.”
“after having spent years in those schools, by the time we were ready to leave, most of us were pretty broken.”
Canada is the only western country that has had a Truth and reconciliation Commision. So we are trying to look through a new lens…we and Canadians, we as Aboriginals, we celebrate each other … as we move toward a more equal and prosperous future for all of us.”
“I heard the words “I’m sorry and then I couldn’t see because my eyes were just flowing with tears. I was so happy that somebody has said, ‘I’m sorry.”
Lessons Learned, Survivor Perspectives
Many survivors felt betrayed by IRSA processes. Many survivors were retraumatized by the process. Survivors were also excluded from making decisions about the process. Couldn’t this have been more successful if the leaders had studied feminist methodology?!
In 2020 the National Center for Truth and Reconciliation(NTRC) published " Lessons Learned, Survivor Perspectives" with the intention that listening to survivors about the shortcomings of the process will wouldwill end the practices that continue to marginalize and harm
https://ehprnh2mwo3.exactdn.com/wp-content/uploads/2021/01/Lessons_learned_report_final_2020.pdf
This report starts with messages from Eugene Arcand, Muskeg Lake First Nation and survivor and Ry Moran Director of NTRC.
If you read nothing else, read what they have to say about the IRSA. The report proposes that in listening to the survivors it will be possible to implement changes and avoid the harms that were created through the implementation of this agreement.
WHat are the survivors saying that align with what we are learning in clasS?
NTRC Report
“We must truly and fully adopt Survivor-centered approaches in any and all forms of redress aimed at correcting past wrongs. This approach applies equally to all forms of abuse or historical wrongdoing be it related to Residential Schools, Day Schools, Missing and Murdered Indigenous Women and Girls or any other form of personal or collective abuse. The pattern of continuing harm due to colonial processes has to stop.”
“I survived the residential schools. I also survived the Indian Residential Schools Settlement Agreement. I emerged from neither unscathed.
Eugene Arcand
The report called up the Auditor general of Canada to
1. Audit the Independent Assessment process, to review the consistency in decisions made by the adjudicators.
2. Review the law firms and agencies that represented survivors, noting “For all the money dispersed in the [IRSA], there is not a single Survivor that became rich yet there are multiple lawyers who did.”
3. Examine the decisions in which Survivors’ claims for abuse or school attendance were denied. “From what I have seen and experienced within the Survivor community, these rejected claims – either early in the process by the law firms representing Survivors or by the adjudicators themselves – did some of the most harm to individuals and created significant pain for many.”
4. Assess “whether Survivors were truly provided with the benefit of the doubt throughout the compensation processes is essential. For me, the invasiveness, persistence and depth of the questioning we were subjected to inside of our compensation hearings was obscene and did not need to occur to verify whether sexual or physical abuse had occurred. That day of my hearing, and the days that followed, were some of the worst days in my life second only to when my abuse actually occurred.”
Moran pointed out that the IRSA process was fraught with mistakes, most of which were due to “doing things the same old way rather than adopting and implementing fully informed indigenous practices and approaches.”
Moran makes suggestions that reflect the principles of feminist methodology. He asks, “What would the implementation of the Settlement Agreement have looked like if:
- It was built upon cornerstone principles of relationship and Indigenous law and ceremony?
- Survivors were full participants in every decision made about their human rights?
- If ALL staff, lawyers, adjudicators and service providers had taken robust intercultural competency, conflict resolution, human rights and anti-racism training called for in TRC Call to Action 57?
Ry Moran
“We know now, and should have known at the outset of the Settlement Agreement process, that not including affected people in decision-making process at every level all too frequently leads to discrimination, inflicts further harm and prevents healing.
"We also know that ignorance of Indigenous approaches proved deeply harmful for many within the agreement. The failure to consider the diverse perspectives, needs and realities of all Survivors impairs and limits the intended benefit of redress, compounding the harm already suffered”
“...I talked with a friend who is active as a trustee of a school board. He talked about how they have immersed the seven grandfather teachings of Anishnaabe people into the school curriculum. In addition to the seven grandfather teachings of love, respect, wisdom, bravery, honesty, humility and truth, they have also added forgiveness. We still have a lot of work to do in both healing and rebuilding of relations. But it is through gestures such as speaking of forgiveness that reconciliation is possible, especially as we look into the eyes of our children and grandchildren. Our children and grandchildren offer hope" -Sault.Ste.Marie
“We were blessed to be advised by the Survivors Committee, which was composed of former residential school survivors from across the country. One of the cautions given to us by the Survivors Committee was to make sure we had a safe setting – to make sure the environment was safe for the individual because you’re asking them to relive their story, relive their life in front of you and sometimes it was a very traumatic life. We were cautioned that we might cause more harm if we were not careful. So, based on their advice, we had medical support, mental health support, cultural support and spiritual support – a blanket of support around the individual before we began to listen to their stories.” -Commissioner Wilton Littlechild
What Went Right
I want Indigenous children and grandchildren and great-grandchildren to know how brave their ancestors were as little children – how much they lived through and their parents lived through by way of measurable injuries but also by way of devastation of spirit. Yet, they came forward with courage and determination and created an opportunity for their voices to be heard, to be forced on the rest of the country and the world. I want them to know that with deep pride and lasting inspiration. I want non-Indigenous Canadians to know that this happened in our country and it happened in ways and in circumstances that allowed most of us to have no idea it was happening. I want them to be reminded of the importance of paying attention and holding our elected leadership to account on fundamental human rights. --Commissioner Marie Wilson
Because of the IRSA, t truth about the residential schools was publicly recognized, and the healing that can happen through the process, which gave rise to community events such as Orange Shirt Day
Orange Shirt Day
Orange Shirt Day was founded by Phyllis Webstad:
"Communities come together, with everyone invited to wear an orange shirt that signifies a spirit of reconciliation and hope”
With respect to feminist methodology, what do you notice about this picture?
The fact that the IRSSA did not address Family Law and intergenerational abuse and neglect meant that an entire generation would feel disenfranchised by the settlement. D. Paterson and W. Blakeney
"We did a survey of Survivors in Saskatchewan on their fears and
concerns with the process [pre-settlement]. We had this information, we were not listened to and in the end, many of the things we raised as concerns before the process ended upoccurring during the process." --Winnipeg Lessons Learned Focus Group
What Went Wrong
The report states: "Low socio-economic status and economic marginalization impacted Survivors’ ability to participate in the IRSSA processes, contributed to unhealthy power dynamics and remains an unresolved barrier to reconciliation":
Some Survivors reported being invalidated or disbelieved by lawyers, judges or
government officials:
Survivors often had to repeatedly recount traumatic experiences in order to complete the CEP and IAP processes.
“The compensation process and how they determined compensation was deplorable and dragged on with a long, excruciating process. This one avenue to determine their own personal outcome was very difficult to go through.” --Yellowknife
People aren’t able to heal unless their basic human needs were met. How can I feed my children or focus on healing when my roof is leakingand it’s not safe? Every community needs more funds for economic development, for their own communities, for their Survivors. --Eskosoni
"Oh, a nun can’t rape you, they have no penis."
--Eskasoni
Topic
It would be nice if people approached us to ask what we want first…
There was talk of a cultural centre. We wanted the symbolism around the tipi because it is a common cultural thing. Personally, I wanted to honour my dad’s last request. He asked me to look for some siblings who …left by steamboat and never returned home…There needs to be some commemoration for these people.
-Yellowknife
Many of the adjudicators, including some of the very senior ones, had
little significant experience working in the field of Aboriginal rights or
with Indigenous communities. The most common areas of expertise
were in administrative and personal injury law.
--D. Paterson and W. Blakeney
"I watched people who were really poor receive money, but it did more
damage. They didn’t know how to handle it, some people used it
foolishly, for substances. A month after they had to start selling their
stuff. And so that was tough to watch. On a positive note, Canada
started to hear the true story of what happened to our people."
--Survivor Interview
They were flying in therapists that were not even familiar with what
reserves looked like.
-Memorial Register Focus Group
Re:Judgement of Canada's process
It is easy to find fault with Canada for repeating the same mistakes, over and again. They did not include the most marginalized voices, and did not approach reconciliation in a way that was culturally sensitive or trauma-sensitive to the people with whom reconciliation was taught. But, as Chief Joseph pointed out, Canada is the only country that has made any attempt to reconcile for its mistreatment of its citizens. Any discusion of compensation and reconciliation for our black citizens in the US is quickly berated. So we are hardly in a position to judge the continued missteps made in Canada's process!
"For the majority of indigenous artists, we are politicised by our very existence. Residential schools were meant to wipe us out,"
"The fact that we exist, persist, and continue to make indigenous art is in itself a political act, and in a way a resistance against the legacy of residential schools."
Art and Healing
For indigenous peoples, the blanket is a universal symbol of protection. They are worn in ceremony and given as gifts. They protect the young and comfort the elders.
The Witness Blanket is an art installation, made from hundreds of items reclaimed from Residential Schools, churches, government buildings and traditional and cultural structures including Friendship Centres, band offices, treatment centres and universities, from across Canada.
It stands as a national monument to recognise the atrocities of the Indian Residential School era, honour the children, and symbolise ongoing reconciliation
Witness Blanket
Braids
Marion and Ellen Newman – sisters of the artist and daughters of residential school survivor Victor Newman – grew their hair for over a year, then cut their braids during an 8 day traditional ceremony. “It was a way to honour our dad, but a way to honour all the children…because it was just a universal experience,”
Children had their hair cut or shaved on their first day of school – a traumatic practice for many Indigenous children whose hair was a large part of their cultural identity and cut only in mourning.
Proficiency Badges
Badges
Starting in the 1940s, students in residential schools would receive badges for proficiency in cooking, sewing, weaving, knitting, housekeeping, gardening, leather work, dairying and poultry raising. This system, instituted by the Canadian government, emphasized manual labour over academics. Emma Gladue, a survivor of the Blue Quills Residential School in Alberta, contributed these badges, which she says were earned through abuse and slavery.
Shoe
Harold Gatensby, a survivor of the Carcross Residential School in the Yukon, found this child’s shoe while he was showing Witness Blanket project coordinator Rosy Hartman the site of the original school, which had burned down in the early 1900s. Both Rosy and artist Carey Newman felt a very clear spirit or presence attached to the shoe – which became one of the more powerful pieces that they collected. In the Blanket, the shoe is not only behind plexi-glass to protect it, it has also been wrapped with a braid of sweetgrass, surrounded by sage (traditional medicines) and bound with red cloth, a symbol of healing and protection.
Trophy
Gordon Soldier Lady Hawks 1996 Hockey Trophy
This trophy was contributed by Ed Bitternose, a survivor of the last residential school to operate in Canada. It illustrates how recently Indigenous children attended residential school
Here is a chance to see other parts of the blanket up close, while understanding its importance
https://vimeo.com/132158736?embedded=true&source=vimeo_logo&owner=27294988
You can learn more about the blanket here, where historian Ian Mosby visits the blanket with one of its curators. (His name is Mosby, despite what Vimeo says). https://vimeo.com/129973220
At 16:48
-how did this affect the parents who were left behind?
-the curator talks about a woman who came to him. Her great grandparents, grandparents, mom and dad were all in a residential school. She was the first person in her family to be raising her own children
At 17:40 Mosby tells the story of a man who spoke with him the day before, at the speaking circle as he reflected on how to forgive. “he talked about how angry he was at his parents, all of his life because they left him there. He couldn’t understand why.”
1830 the two wonder, how anyone could have the “grace to forgive.” One person in the speaking circle talked about the day she forgave, and how it gave her freedom. “I couldn’t imagine what it would be to forgive these people.”
1944 a cousin gave two dolls to the curator. “I’m giving you these dolls because they are one of the few things my mom ever gave me and because they remind me of her stolen heart.” The curator placed these into the blanket. “that’s a real part of the story, the intergenerational after effects.” He placed them with the book “you’re not my daughter anymore.” A book with two stories, one from the perspective of the daughter taken away, and one from the perspective of the mother when she returned.
Links to more
You can also see the 897 items on the witness blanket app
https://apps.apple.com/ca/app/witness-blanket/id973295312
"Giniigaaniimenaaning" means looking ahead, in this case for “hope for reconciliation, transformation and healing through dance, ceremony, languages and resilience to the present day.”
Giniigaaniimenaaning
"There will be people who will say, 'well, what will a glass do when there are so many unresolved issues to deal with issues about land, about the environment, treaties, Métis rights. There's real houses closing today. There are so many issues today that are not resolved. So what will a glass do?' But what we can say is that there will be 60,000 people walking through Parliament hill every year. And people will do their media scrum and they'll do everything underneath that glass. They'll always be reminded."
This window commemorates the Indian Residential Schools was installed in the parliamentary building in 2012. This representation tells the story of the legacy of the residential schools.
The artist's design for the window was chosen unanimously by a selection committee comprised of leading Aboriginal art experts and former Indian Residential School students.
The artist, Christi Belcourt describes this legacy and the window in the video link below.
https://www.rcaanc-cirnac.gc.ca/eng/1353338933878/1571583766968
“the time before residential schools existed. Important ceremonies marking the transition from childhood to adulthood, such as the ‘Strawberry Fast' were taught and practiced. Harvesting blueberries, learning about medicines, the knowledge of plants and animals were passed from one generation to the next. Beadwork and beautiful artwork, quill work reflecting our pride adorned our clothing and our sacred items. The roots represented the connection to the earth and to our ancestors.”
Bottom Left
“It is estimated that more than 150,000 children were forcibly removed from their homes and subjected to unimaginable horrific abuses. I had heard at one point, I think in 1902, the statistics were that 50 per cent of all new children entering residential schools were passing away: a 50 per cent death rate. In many cases, parents were not informed that their children were gone.
Middle
“The RCMP were engaged in the residential school policies, they were told to bring children back when they ran away. And so these buildings became the prisons for all of the children. They weren't able to express the abuses they were enduring.”
The shattered glass represents the breaking of the silence in the 1980s as survivors from all over Canada began to speak openly about what happened to them at the schools. The broken glass also represents the shattered lives, families and communities that resulted from the government policy of forced assimilation.
The Inuit drum dancer sounds the beginning of healing. The dove with the olive branch brings an offering of hope for the beginning of reconciliation and the renewal of the relationship between Aboriginal people and other Canadians
Top Left
Now that you're done, I have some questions for you:
The Hard Question
If you were working to administer the IRSA, knowing what you know from this class, what would you have done?
How would a feminist methodology have contributed to improved cultural sensitivity?
What if ?
Remember the 7 generations theory for recovery? If a generation is 25-30 years, then slavery was abolished 5-6 generations ago. As we know, our culture has not healed, and being black in the USA creates daily threats to one's body. If we were to use Canada's IRSA as a lesson in developing reconcilation for ancestors of slaves in this country, what might a proposal look like?
If you would like to hear more survivor stories:https://next150.indianhorse.ca/challenges/survivor-stories