Healing or Provocation

Whispering in the Wind (WITW 79) June 10, 2015

With last week’s release of the Truth and Reconciliation Commission report Justice Murray Sinclair has clearly established a stage for an excited population seeking immediate action on the report’s 94 recommendations.  The reaction by the aboriginal community to the report’s recommendations can only be labeled astounding, if not revolutionary in a country that has always prided itself on being a nation that is inclusive, multi-cultural and tolerant.  Said another way, have Justice Sinclair’s recommendations gone too far in the wrong direction?

Putting Truth and Reconciliation in Perspective

The Truth and Reconciliation Commission (TRC) was established in June, 2008 and a part of the court-approved Residential Schools Settlement Agreement – an agreement negotiated between legal counsel for former students, legal counsel for the churches, the government of Canada, the Assembly of First Nations and a number of other aboriginal organizations.  The Residential Schools Settlement Agreement was a class action law suit that included the distribution of close to $1.9 billion to about 80,000 former “eligible” students.  As well, out-of-court settlements saw the distribution of a further $1.7 billion in compensation agreements in private settlements.  My understanding, the Truth and Reconciliation Commission was the non-financial component of the overall Residential Schools Settlement Agreement and yet, the financial implications of the TRC initiative far outweigh the money already distributed.

The TRC, a Provocation or an Exercise in Healing?

The release of Justice Sinclair’s 94 recommendations and his 388 page summary document (and a 260 page list of references document) suggests that a great deal of study is going to be required if Canadians are to understand the true scope and implications of Justice Murray Sinclair’s presentation, including his statement that Canada’s experience with residential schools is an experience in “cultural genocide”. 

The final report has yet to be released – my understanding, it will end up being six volumes and will be translated into six aboriginal languages.  As to the 94 recommendations that have been posted in English, it might be premature to offer comment without having seen Justice Sinclair’s detail analysis.  Nevertheless I would like to offer some view on two areas that I feel require balanced clarification.  First the recommendations that deals with EDUCATION and specifically, recommendation number 10 that requests new education legislation for Canada’s aboriginal peoples.  I’m sure Justice Sinclair is aware that there is proposed federal legislation and is still in limbo.  The legislation was developed by Prime Minister Harper and Shawn Atleo (at the time, national chief of the Assembly of First Nations).  My understanding, the legislation is still available for discussion.  Why Justice Sinclair doesn’t make reference to the Harper/Atleo initiative is an open question but it might be in the yet to be published detail reports?  My second comment deals with recommendation 43 and 44, recommendations that deal with the United Nations Declaration on the Rights of Indigenous Peoples and the apparent need for the federal government to endorse this unbinding UN declaration – my understanding is that Prime Minister Harper made such a declaration in late 2010.  I await the publication of Justice Sinclair’s final report and can only speculate how it might play out in the upcoming federal election?  As to the 94 recommendations, and whether these recommendations are a guide, a pathway toward healing and reconciliation, I think Justice Murray Sinclair missed the mark.