University of Alberta Faculty of Law Blog

Year End Reflection: Elise Wouters

"Our Home and Native Land" by Jennifer Adomeit. Image retrieved from <nwac-store.myshopify.com/products/our-home-and-native-land-jennifer-adomeit-ceramic-tile-trivet>

Tansi Nîtôtemtik,

In many ways, writing this post trying to sum up my experience over the last eight months has been my most challenging post of the year. One year ago, when I agreed to co-lead ReconciliAction YEG for the 2019-2020 academic year, I expected to learn a lot and to share that learning, to be challenged and to challenge, to listen and to advocate. However, I do not think I accurately anticipated how personally meaningful my time spent on this project would be. I struggled for several days about how I wanted to “sign off”. I believe my struggle stemmed from a feeling that there was more to do, more to talk about, more advocacy to be engaged in andmore progress to be made on the journey to Reconciliation. I realized that “signing off” felt wrong and artificial because it is the opposite of the spirit of the message I want to leave. If anything, my time on the blog has ignited within me an even stronger desire to be intentional in involving myself in initiatives and projects working to bring about Reconciliation in Canada. This is particularly true as I embark on my legal career in the next few weeks.

In my opening post[1] on this blog, I shared that my perception of my role as advocate was to listen and help to create a space for voices to be heard that otherwise would be suppressed or lost in the complexity of legal processes. Eight months and twenty-three posts later, I am now keenly aware that simply creating a space for Indigenous voices is painfully inadequate if Reconciliation is ever to be accomplished. In particular, the posts I wrote on Indigenous Candidates and Issues in the Federal Election[2]; on child welfare and the tireless advocacy of Dr. Cindy Blackstock and Dr. Hadley Friedland[3]; on Principles in Métis Governance[4], on Questioning the Presumptions of Sovereignty in Canada[5], and most recently providing an update on Canada’s current progress on completing the TRC Calls to Action[6], demonstrated this lesson for me in different ways. The research I carried out for those posts was clear: the fight for Reconciliation cannot only carried out by the federal government and Indigenous communities. All Canadians must insist on the kind of Canada where the inherent Indigenous rights of self-determination and self-governance is a reality, not just an ideal. How do we do that? Vote for political leaders in your ridings who support Indigenous values and initiatives; stay up to date on current events and help others around you  become aware of important issues; support Indigenous businesses, artists, authors, leaders, and events (etc.); follow Indigenous activists and advocates on your preferred social media platforms; and get involved with already existing initiatives implementing Reconciliation efforts in Canada.

The overall message I want to get across is this: everyone in Canada should find a way to get involved in Reconciliation. Yes, even if you are a settler! I am a settler and as such, I urge those of you in our readership who are also settlers: please, do not disqualify yourself! I guarantee there is some area in your life that aligns with an initiative or project working towards various goals of Reconciliation in Canada that could use your skill set or at the very least an extra set of hands. You may even find that your previous passions align with Reconciliation efforts. I came to this blog with a keen passion for developing themes I had previously researched and written on the contribution of systemic factors to perpetuating inequality for Canadians. For that reason, many of my posts this year focused on institutionalized structural violence[7]and continued systems of colonization and their role in perpetuating inequality in particular on Indigenous women and girls[8] and in child and family service delivery in Canada.[9] I also was able to highlight the decolonizing force of Indigenous women and girls[10] and efforts in decolonization in service delivery.[11] The key is to get started. NOW. We must not only learn, we must do; we must not only commit to valuing Reconciliation in Canada, we must take active steps to insist on making Reconciliation a reality. Our blog title swapped out “Reconciliation” for “ReconciliAction” for a reason!

Before I wrap up, I want to thank my co-lead Alanna Wiercinski and our wonderful team of contributors: Kira Davidson, Russell Green, Sheila Raffray, and Kailey Hubele – your hard work and passion has inspired me and has allowed ReconciliAction YEG to carry on the tradition of excellence begun by our predecessors.

On behalf of myself and the rest of the team, I also want to thank our faculty advisors, Dr. Hadley Friedland and Dr. Moin Yahya – your faith in and the support and guidance offered to our Team made for a truly impactful learning experience for all of us.

As much as I wanted to avoid the “sign off”, this is unavoidably my last post for ReconciliAction YEG, and while my involvement in Reconciliation efforts has only just begun, my time on this project is at an end. I wanted to end by thanking you, our readers, for supporting us in our journey. While this is ReconciliAction YEG’s last post for this academic year, the project has been confirmed for another year with a new team of contributors. Stay tuned for their first post on September 14, 2020.

In the meantime, we hope you will stay involved in pursuing the goal of Reconciliation in Canada, by listening and learning, and perhaps by taking steps to get involved in Reconciliation initiatives in your area. I have no doubt we will meet again, so I sign off not with goodbye, but…

 

Until next time,

 

Yours Sincerely,

Elise Wouters

Team ReconciliAction YEG, Team Co-Lead

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[1] ReconciliAction YEG, “Meet the Team: Elise Wouters” (11 September 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/09/meet-the-team-elise-wouters.html>.

[2] ReconciliAction YEG, “In the Media: Indigenous Candidates and Indigenous Issues in the Federal Election” (11 October 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/10/in-the-media-indigenous-candidates-and-issues-in-the-federal-election.html>.

[3] ReconciliAction YEG, “In the Media: Dr. Cindy Blackstock & Dr. Hadley Friedland on Bill C-92” (14 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/11/in-the-media-dr-cindy-blackstock-dr-hadley-friedland-on-bill-c-92-.html>.

[4] ReconciliAction YEG, “The Principles of Métis Governance: Asserting the Right to Remain ka tipaymishooyahk (“We who own ourselves”)” (11 February 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2020/02/the-principles-of-métis-governance-asserting-the-right-to-remain-ka-tipaymishooyahk-we-who-own-ourse.html>.

[5] ReconciliAction YEG, “Questioning the Presumptions of Sovereignty in Canada” (06 February 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2020/02/questioning-the-presumptions-of-sovereignty-in-canada.html>.

[6] ReconciliAction YEG, “Reconciliation Report Card: ‘Beyond 94’ Update” (16 March 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2020/03/reconciliation-report-card-beyond-94-update.html>.

[7] ReconciliAction YEG, “Navigating Structural Violence with Indigenous Families in Child Welfare” (15 January 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2020/01/navigating-structural-violence-with-indigenous-families.html>.

[8] ReconciliAction YEG, “Indigenous Mothering and the Impacts of the Child Welfare System” (12 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/11/indigenous-mothering-and-the-impacts-of-the-child-welfare-system.html>.

[9] ReconciliAction YEG, “Intro to Child Welfare: The Origins of Systemic Factors Affecting Indigenous Children and Youth” (04 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/11/intro-to-child-welfare-the-origins-of-systemic-factors-affecting-indigenous-children-and-youth.html>.

[10] ReconciliAction YEG, “The De-Colonizing Force of Indigenous Girls and Youth” (20 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/11/indigenous-girls-and-youth-as-de-colonizing-force-.html>.

[11] ReconciliAction YEG, “Decolonizing Child Rearing: Highlight on the Opokaa’sin Project” (16 January 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2020/01/decolonizing-child-rearing-highlight-on-the-opokaasin-project.html>; See also ““Decolonization” and Why it Matters in the Context of Child Welfare” (27 November 2019) <ualbertalaw.typepad.com/faculty/2019/11/decolonization-and-why-it-matters-in-the-context-of-child-welfare.html>.

Year End Reflection: Alanna Wiercinski

Strength Working Together by Simone McLeod retrieved from https://www.indigenouscollection.com_product_strength-working-together

Tansi Nîtôtemtik,

It is difficult to believe that this year is already coming to an end. For me, this was my final year in law school and I am incredibly grateful to have had the opportunity to write for this blog before I left. When I signed up for this class last year, I had no idea just how much I would learn from the experience. In my time at the University of Alberta’s Faculty of Law, I have written numerous papers and taken courses that would help me to enhance my understanding of Indigenous law and issues facing Indigenous Peoples. When I came to the Faculty of Law, I had a limited understanding of Indigenous issues in Canada, which became apparent in my first year. I wanted to correct this and made an effort to do so throughout my law school experience. In the course of writing for this blog, it became very clear to me that there is still so much to learn.

As a future lawyer and a person of settler background, I see it as my responsibility to keep learning and working to better understand what I can do in this age of reconciliation. It is important to me that I practice in a way that is cognizant of the racial issues that are alive in Canada and do my best to help. Writing for this blog has made me even more aware of the importance of continual work toward reconciliation in Canada. I have to admit that sometimes I would find that I was frustrated with the number of systemic issues and the failure of our systems to address these issues. As a law student, I believe that all Canadians should be equal under our legal system and it was frustrating to repeatedly see instances where our legal system failed Indigenous Peoples. There is still a lot of work that needs to be done but I am hopeful that as a community we will begin to move forward and make changes so that those who come after us do not experience these same issues. I hope that in my career I am able to contribute to that effort.

I hope that this blog has given our readers a better understanding of the various issues that we have discussed over the course of the year, and that you too want to make a change in your community. Reconciliation is a group effort and it takes the actions of all Canadians to ensure its success. If I can leave you with anything, it would be to find a way that you can help with this initiative in your community. Together we can make change happen.

Before I say goodbye to writing for this blog there are a few people who need to be recognized for their hard work this year. First, thank you to the rest of the Law and Social Media team: Elise Wouters, Kailey Hubele, Kira Davidson, Russell Green, and Sheila Raffray. Elise, thank you for the passion that you sunk into this blog this year. Kailey, thank you for being so open to learn and grow through this experience. Kira, thank you for your commitment to producing excellent posts. Russell, thank you for your desire to share initiatives that are close to your heart. Sheila, thank you for bringing your personal experiences from classes and work to our posts. I could not have asked for a more talented, committed, and passionate group to work with.

Second, this blog does not happen without faculty support. To Dr. Hadley Friedland and Dr. Moin Yahya, thank you for offering this class. It is truly a one of a kind experience for students to learn from. You really let us write about what we were interested in and I am grateful that you gave us the opportunity to learn about and speak to what we are passionate about. Thank you for all of your support this year.

Finally, thank you to everyone who read the blog this year. I know that there are a lot of friends and family who support our team members and read each day, thank you. There are also a lot of community members who are dedicated to following this blog. We truly appreciate you for following along on this journey.

Though I really do not want to say goodbye to this blog, the time has come for it to end. Thank you again to everyone who made this such a wonderful experience.

Stay healthy and stay safe. We will get through these difficult times together. 

Alanna Wiercinski

ReconciliAction YEG, Team Member

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Year End Reflection: Kira Davidson

"She Who Loves The Truth" by Betty Albert

Retrieved from: www.indigenouscollection.com_product_she-who-loves-the-truth

Tansi Nîtôtemtik,

Writing for ReconciliAction YEG this year has been an absolute pleasure, and among one of the best experiences of my law school career at the University of Alberta. Being able to engage and grapple with the topic of Indigenous governance these last 8 months has been simultaneously inspiring and infuriating, disheartening and hopeful. But ultimately, it has been valuable and necessary. I admit that, at the beginning, I was wary of my place in this conversation, not only because I am a student – ever learning and subject to making mistakes – but also because I am a settler, afraid of overstepping and misrepresenting the perspectives and experiences of the Indigenous communities and Nations whose initiatives and resilience I wanted to promote. But the farther we progressed into this project, the clearer it became that this was an area of conversation that needed the support – and voices – of anyone willing and able to engage. I can only hope that my voice has added to the conversation.

Over the last 8 months, I have had the opportunity to learn about and write on a wide variety of important topics. I have reflected on the power of language[1] and the power of Wahkohtowin in solving contemporary challenges.[2] I also wrote on the crisis of Missing and Murdered Indigenous Women and Girls, in particular considering how the genocide of Indigenous women and girls impacts Indigenous communities and their governance.[3] Meanwhile, in our discussions of child welfare in Canada, I shared the story of Tina Fontaine[4] and the reports by Alberta’s Office of the Child and Youth Advocate on the overrepresentation of Aboriginal children in the child welfare system[5] and the high incidence of Indigenous youth suicide.[6] In consideration of Indigenous systems of governance, I explored the legal underpinnings of the inherent right of self-determination[7] and the use of negotiated agreements in asserting the right to governance.[8] I was also able to report on the 2020 ILSA Speaker Series, where I revisited the aftermath of the MMIWG Inquiry[9] and had the privilege of hearing Senator Patti Laboucane-Benson speak about her graphic novel, The Outside Circle.[10] Most recently, however, I revisited the short-fallings of reconciliation[11] and provided an update of the ongoing struggle between the Wet’suwet’en Land Defenders and Canada.[12] These last two posts were especially important – and challenging – for me to write, but very necessary. Reconciliation in Canada today is complex and challenging, but this cannot be an excuse to keep Canada, its governments, and its citizens from taking appropriate action.

Of course, dialogue is only one part of this action. I am glad for this experience and how it has allowed me to contribute to the dialogue in my own small way. But more importantly, I am humbled to have been offered this opportunity to learn. I recently stumbled upon an excerpt from an interview with Métis anthropologist Zoe Todd in which she spoke about knowledge:

I think folks need to realize that not all knowledge is for their consumption. Knowledge is produced through relationships—relationships to space, time, people, other beings. And those relationships create responsibilities. It’s not my place to learn something if I do not have robust and ongoing relationships to a specific place or person or history. And if I cannot tend to place, people or history in the ways that those who hold the knowledge deem to be necessary/adequate/robust, I have no business extracting that story.[13] 

I realize that my time writing for this blog has been a privilege and a responsibility. I can only hope I have done well by it. Of course, while my time with this blog has come to an end, my engagement has not. There is always more to learn, more stories to listen to, and more perspectives to be shared – should I be deemed responsible enough to know and share in them.

To conclude, I want to send my thanks to my fellow team members – Elise Wouters, Alanna Wiercinski, Kailey Hubele, Shiela Raffray, and Russell Green. It has been a pleasure to work and learn alongside each of you. I couldn't have asked for a better group to work with, and am glad that you reached out to me with this opportunity. Many thanks also go to Dr. Hadley Freidland and Dr. Moin Yahya from the faculty for their support of this project. And, of course, a thank you to our readers – family, friends, faculty, classmates, and strangers alike. Thank you for reading, thank you for engaging, and thank you for your support. Discussion and dialogue of this kind is a group effort and I thank you for the opportunity to let me be a part of it.

Hai Hai and until next time – in whatever form that may take,

Kira Davidson

ReconciliAction YEG Team Member

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[1] ReconciliAction YEG, “Weekly Reflection: The Power of Language” (27 September 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/09/weekly-reflection-the-power-of-language.html>.

[2] ReconciliAction YEG, “Wahkotowin in Action: Solving Contemporary Challenges” (9 October 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/10/wahkohtowin-in-action-solving-contemporary-challenges.html>.

[3] ReconciliAction YEG, “MMIWG: The Implications of a Finding of ‘Genocide’ on Indigenous Governance” (24 October 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/10/mmiwg-the-implications-of-a-finding-of-genocide-on-indigenous-governance.html>

[4] ReconciliAction YEG, “Intro to Child Welfare: The Story of Tina Fontaine” (5 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/11/intro-to-child-welfare-the-story-of-tina-fontaine.html>.

[5] ReconciliAction YEG, “Overview of the Office of the Child and Youth Advocate (OCYA) Report on Aboriginal Child Welfare in Alberta” (18 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/11/overview-of-the-office-of-the-child-and-youth-advocate-report-on-aboriginal-child-welfare-in-alberta.html>.

[6] ReconciliAction YEG, “OCYA: Mandatory Review into Indigenous Children’s Death in the Child Welfare System” (19 November 2019), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2019/11/ocya-mandatory-review-into-indigenous-childrens-death-in-the-child-welfare-system.html>.

[7] ReconciliAction YEG, “The Inherent Right to Self-Determination” (27 January 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/01/the-inherent-right-to-self-determination.html>.

[8] ReconciliAction YEG, “Asserting the Right to Governance Through Negotiated Agreements” (4 February 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/02/asserting-the-right-to-governance-through-negotiated-agreements.html>.

[9] ReconciliAction YEG, “ILSA Speaker Series: The Institute for Advancement of Aboriginal Women (IAAW) on the MMIWG Inquiry” (12 March 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/03/ilsa-speaker-series-the-institute-for-advancement-of-aboriginal-women-iaaw-on-the-mmiwg-inquiry.html>.

[10] ReconciliAction YEG, “ILSA Speaker Series: Senator Patti Laboucane-Benson on her graphic novel, The Outside Circle” (13 March 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/03/ilsa-speaker-series-senator-patti-laboucane-benson-on-her-graphic-novel-the-outside-circle-.html>.

[11] ReconciliAction YEG, “Progress Report on Reconciliation: Reassessing the Problem with Reconciliation” (17 March 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/03/tansi-nîtôtemtik-way-back-in-september-2017-the-first-team-of-reconciliaction-yeg-contributors-considered-the-question.html>.

[12] ReconciliAction YEG, “Progress Report on Reconciliation: Update on the Wet’suwet’en Land Protectors” (18 March 2020), online (blog): University of Alberta Faculty of Law Faculty Blog <https://ualbertalaw.typepad.com/faculty/2020/03/reconciliation-report-card-update-on-the-wetsuweten-land-protectors.html>.

[13] Caroline Picard, “The Future is Elastic (But it Depends): An Interview with Zoe Todd” (23 August 2016), online: Bad at Sports <http://badatsports.com/2016/the-future-is-elastic-but-it-depends-an-interview-with-zoe-todd/>.

Year End Reflection: Kailey Hubele

Image retrieved from: www.rcaanc-cirnac.gc.ca

Tansi Nîtôtemtik,

Wow, what a year it has been. I cannot believe that the academic year is almost over and it is already time to say goodbye to the blog. It has been a year of much personal growth and acknowledgment that I came into the course knowing nothing about Indigenous law or the issues with Indigenous Governance. The various topics that we have covered this year have been eye-opening to say the least. Before this class, I had never taken an Indigenous law class and felt that this would be a great opportunity to learn. Little did I know just how much I would learn and how impactful this year would be.

It was evident to me very early on that there is a large discrepancy between what the media reports regarding Indigenous issues and events and what the law actually says, particularly with the Trans Mountain Pipeline Expansion developments. The media reports one story that is aired to all Canadians, but it is often either not factual or not speaking to the legal background. This makes it difficult for the true state of Indigenous issues to be communicated. This is particularly frustrating as someone who is trying to learn. There is so much trust that is naturally placed in the media and it is essential to take a step back and remember that not all media reports are accurate. Putting blind faith in the media is dangerous and makes it increasingly difficult for Indigenous voices to ring over the noise.

This year has also taught me that participation in Indigenous issues and taking action is imperative, no matter how small. Even something as simple as researching Indigenous culture or Reconciliation is a non-negotiable. However, the journey towards Reconciliation cannot progress forward in a meaningful way without action, without acknowledgement and without support from all Canadians.

For far too long, Indigenous Peoples have been suppressed and treated unfairly in a society that is supposed to exude equality. The sad reality is that it doesn’t and we as Canadians need to do better. The panel discussion with Tasha Hubbard, Jade Tootoosis and Dr. Friedland really brought this to light. As a law student, it is my desire to believe that the Canadian justice system is efficient and provides justice for all, but that is simply not the case. Families like Colten Boushie’s are cast aside and treated as less than. It is essential that we acknowledge the existence of racism. Indigenous and non-Indigenous peoples alike deserve to be treated equally under the justice system. The takeaway is simple: we need to do better.

There has been a lot to learn this year and I am very appreciative of the opportunity to research and write about Indigenous Governance. As I prepare for graduation, I am aware that there is much more to be done and that my role is not yet over. If there is one thing that I can leave you with, it is the message of Jade Tootoosis: “If you see someone going through an injustice and you have something you can offer them, reach out. Don’t sit back. If you have a knowledge or skill, it is a responsibility to put it forward to the people who need it most.”

Until Next Time,

Kailey Hubele

Contributor of Team ReconciliAction YEG

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Semester End Reflection: Russell Green

Image by: Russell Green

Tansi Nîtôtemtik,

It is hard to believe that the semester is finishing, and with it my time as a Member of Team ReconciliAction YEG. I joined this project because I wanted to explore the ways in which Indigenous Governance can help us all create a better society. This experience has allowed me to study this question by learning about Indigenous history, contemplating current problems and opportunities facing Indigenous Peoples, and pondering future strategies to improve the lives of the inhabitants of Turtle Island. For this, I am thankful.

I have been a resident of these lands for my whole life. In this time, I have been able to observe governance structures all around me – from informal small-town gatherings to formalized procedures in Alberta’s courts. Indigenous Governance systems, while diverse, are special and informative. The power of resiliency, community, solidarity, and togetherness are dominant in Indigenous worldviews. As we enter trying and uncertain times, these are lessons that we should all keep with us. I will hold them close.

Before I sign off, I must mention some very important people. I want to thank Audrey Barr and Levi Foy, two mentors and friends that graciously allowed me to interview them about their approaches to Indigenous Governance. The ability to document Audrey’s experience with Indigeneity in labour unions[1] and Levi’s experience with Two-Spirit Activism[2] was an insightful and fun part of this experience.

Further, I would like to thank Elise Wouters, Alanna Wiercinski, Kira Davidson, and Kailey Hubele for including me on the team this semester. I know that I had big shoes to fill in taking over for last semester’s contributor Sheila Raffray. I learned important lessons of collaboration and teamwork from you all. I know all of you will be incredible lawyers and members of the community. I look forward to seeing where life takes you all.

Lastly, I want to end this journey where I began it. In my first post,[3] I told the story of visiting teepee rings near my hometown. I vowed to remember that Indigenous Peoples and their systems of governance were present long before settlers came to Turtle Island. The photo I have used above is of the rolling, grassy hills surrounding those teepee rings. I will continue to hold that memory, and the lessons that I have learnt from working on this project, with me as I grow.

Until Next Time,

Russell Green

Member of Team ReconciliAction YEG

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[1] Team ReconciliAction YEG, “Indigenous Leadership in Labour Unions: Profile of Audrey Barr” (4 March 2020), University of Alberta Faculty of Law Blog, online (blog): <ualbertalaw.typepad.com/faculty/2020/03/indigenous-leadership-in-labour-unions-profile-of-audrey-barr.html>.

[2] Team ReconciliAction YEG, “Two-Spirit Activism: A Profile of Levi Foy” (5 March 2020), University of Alberta Faculty of Law, online (blog): <ualbertalaw.typepad.com/faculty/2020/03/two-spirit-activism-a-profile-of-levi-foy.html>

[3] Team ReconciliAction YEG, “Meet ReconciliAction YEG’s Newest Contributor: Russell Green” (10 January 2020), University of Alberta Faculty of Law Blog, online (blog): <ualbertalaw.typepad.com/faculty/2020/01/meet-reconciliaction-yegs-newest-contributor-russell-green.html>.

Reconciliation Report Card: How You Can Get Involved

Image retrieved from: Postmedia

Tansi Nîtôtemtik,

Throughout the year, we have provided information related to the various aspects of Indigenous Governance. As we come to the end of the academic year, we felt it was important to look ahead and highlight the various Reconciliation initiatives coming up in 2020 in the Edmonton area as well as how you can get involved. Below is a list of just a few initiatives running this year.

Edmonton Federation of Community Leagues (EFCL)

In August of 2019, the EFCL received a grant from Canadian Heritage which was used to fund Tipi Teachings. The grant “will also allow capacity building within the leadership of the EFCL to become familiar with Indigenous protocol, practice, and culture.”[1] The EFCL, Parkdale Community League and Laurier Heights Community League are coming together to offer activities in the “spirit of truth and reconciliation.”[2] At a Tipi Teachings, participants raise tipis, learn from elders and meet Indigenous people within the community. The purpose of this activity is to “alleviate barriers by learning how to support First Nations people and beat prejudice in your community.”[3] There are four to five Tipi Teachings per month. To access the schedule, you can click here and scroll down mid-page.[4]

EndPovertyEdmonton

EndPovertyEdmonton is a “community initiative working towards prosperity for all through advancing reconciliation, the elimination of racism, livable incomes, affordable housing, accessible and affordable transit, affordable and quality child care, and access to mental health services and addiction supports.”[5]

Their Indigenous Circle is a “fluid and open membership table inclusive of all Indigenous peoples and communities.”[6] The Indigenous Circle teaches through traditional ceremony, reinforcing their cultural identity and working towards Reconciliation and ending poverty.[7] The Indigenous Circle includes “Elders, knowledge keepers and cultural resource people and encourages the participation of Indigenous youth and those who have seen poverty.”[8]

If you are not an Indigenous youth, there are still many things that End Poverty Edmonton encourages you to do. First, you can speak up in the face of prejudice, support local Indigenous businesses, participate in the EndPovertyEdmonton engagement session and share their website with others.[9] Upcoming engagement session events are listed here.[10]

Indigenous Canada 12-Week Course

One of the biggest issues that we have come across this year is the average Canadian’s lack of knowledge regarding Indigenous culture and issues. If you wish to learn more and be culturally aware, there is a free 12-week course offered by the University of Alberta. This course is taught from an Indigenous perspective and provides its students with a better understanding of Indigenous history and culture in Canada.[11] If you want to learn more, click here.[12]

Junior Youth Reconciliation Initiative

The Canadian Roots exchange is launching the Junior Reconciliation Initiative which is a week-long leadership camp in Edmonton, Lethbridge, Saskatoon, and Thunder Bay for Indigenous and non-Indigenous youth aged 14-17.[13] The camp runs during each community’s spring break. The initiative supports youth throught leadership development, encouraging youth to make a difference in their community, increasing understanding of Reconciliation and Indigenous Rights, teaching and Canadian and Indigenous histories.[14] For more information or to sign up click here.[15]

Truth and Reconciliation Through Right Relations

In response to the Truth and Reconciliation Commission’s Calls to Action, the Truth and Reconciliation through Right Relations program was developed. This five-day intensive program is offered at the Banff Centre for Arts and Creativity.[16] Their goal is to “develop a deeper understanding of our shared history, the meaning of reconciliation, and the role Canadians play in improving our relationship.”[17] While the May 2020 program (May 24 May 28, 2020) is currently at capacity, you can put your name down to be added to the wait list. To do so, you can click here.[18] If those dates do not work for you, there is another program being offered from October 18 to October 22, 2020.

Conclusion

Please get involved. The road to Reconciliation cannot be fulfilled without the participation of all. It does not matter how big or small the participation; everything counts. There are countless other initiatives and ways to get involved that are in the Edmonton or greater Alberta area so please do some research in your community and get involved.

Until Next Time,

Team ReconciliAction YEG

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[1] “Community League Indigenous Project” EFCL, online: <www.efcl.org/events--projects/indigenous-project/>.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] “About EndPovertyEdmonton” EndPovertyEdmonton, online: <https://www.endpovertyedmonton.ca/about>.

[6] “Indigenous Circle” EndPovertyEdmonton, online: <www.endpovertyedmonton.ca/indigenous-circle>.

[7] Ibid.

[8] Ibid.

[9] “Get Involved” EndPovertyEdmonton, online: <www.endpovertyedmonton.ca/how-to-help/>.

[10] ”Welcome to Aksis” Aksis, online: <www.aksisyeg.ca>.

[11] “Indigenous Peoples” AUMA, online: <www.auma.ca/advocacy-services/programs-initiatives/welcoming-and-inclusive-communities/>.

[12] “Indigenous Canada” University of Alberta, online: <www.ualberta.ca/admissions-programs/online-courses/indigenous-canada/index.html>.

[13] “Junior Youth Reconciliation Initiative” Canadian Roots Exchange, online: <www.canadianroots.ca/jyri/>.

[14] Ibid.

[15] “Junior YRI Application 2020” JYRI, online: https://docs.google.com/forms/d/e/1FAIpQLSda78X5nWFyIV0Ij88oR_cq3S8VIlSRkjA4qzutheXKVTcRaw/viewform

[16] “Truth and Reconciliation Through Right Relations” Banff Centre for Arts and Creativity, online: <www.banffcentre.ca/programs/truth-and-reconciliation-through-right-relations/20200524?gclid=Cj0KCQjw9ZzzBRCKARIsANwXaeIm0u62Mu8mboZFso114tONvTcjkiIBWodwJ-dJ5-jvp6OTfHnMZMUaAq3rEALw_wcB>.

[17] Ibid.

[18]“Leadership Intensives or Indigenous Leadership Programming Registration” Banff Centre for Arts and Creativity, online: <www.banffcentre.ca/leadership/register/8943>.

Reconciliation Report Card: UAlberta

Image retrieved from: <https://blog.ualberta.ca/the-sweetgrass-bear-c71bfab6ab2b>

Tansi Nîtôtemtik,

As we come to the end of this year, we wanted to take a look at how far we have come with efforts in reconciliation. Since the release of the Truth and Reconciliation Commission’s Final Report in 2015, there has been a major focus on Indigenous issues and efforts on working toward reconciliation across Canada. Today, we will look at reconciliation efforts and initiatives in our community at the University of Alberta.

As law students, reconciliation in our faculty is important to us. Here in the Faculty of Law, we have seen an increase in the number of courses focused on Indigenous issues. Additionally, many of our courses include a component connecting the subject to Indigenous issues. Call to Action #28 calls “upon law schools to require all law students to take a course in Aboriginal people and the law.”[1] It is important to note that while more courses are being offered, there is still no requirement that students take these courses. The Faculty has also increased the number of events that have an Indigenous focus on campus.

The Faculty of Law began welcoming new students with the KAIROS Blanket Exercise three years ago. This exercise gives students a basic understanding of the impact of colonialism on Indigenous Peoples.[2] In 2019, a partnership between the Faculty of Law and the Faculty of Native Studies resulted in the Wahkohtowin Law and Governance Lodge (the “Lodge”). The Lodge is intended to address Call to Action #50, “which calls for the creation of Indigenous Law Institutes for the ‘development, use and understanding of Indigenous laws.’”[3] It appears that there is still a lot more that can be done to work toward reconciliation in our faculty, but many steps are being taken to implement initiatives in an effort to help.

Many faculties other than the Faculty of Law have also implemented a number of different efforts to work toward reconciliation. The larger University of Alberta community has also made efforts to work toward reconciliation. Many events and supports for the University of Alberta’s 1000+ Indigenous students are run through the First Peoples’ House.[4] The Office of the Provost and Vice-President (Academic) highlights a number of initiatives supporting the University of Alberta’s Indigenous community and reconciliation. Some of these initiatives include Territorial Acknowledgements, Annual Indigenous Networking Event, Forum on Reconciliation, and councils and working groups focused on Indigenous education programs, services, and initiatives.[5]

Until Next Time,

Team ReconciliAction YEG

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[1] Truth and Reconciliation Commission of Canada, Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada (Ottawa: TRCC, 2015), online: <https://nctr.ca/assets/reports/Final%20Reports/Executive_Summary_English_Web.pdf>.

[2] For more information on this exercise, see our post “Reflection Post: The KAIROS Blanket Exercise, View from a Facilitator” for Team ReconciliAction YEG member Sheila Raffray’s reflection on the 2019 KAIROS Blanket Exercise: <https://ualbertalaw.typepad.com/faculty/2019/09/reflection-post-the-kairos-blanket-exercise-view-from-a-facilitator.html>.

[3] Wahkohtowin Law and Governance Lodge, “About”, University of Alberta, online: <https://www.ualberta.ca/law/faculty-and-research/wahkohtowin>.

[4] First Peoples’ House, “About Us”, University of Alberta, online: <https://www.ualberta.ca/current-students/first-peoples-house/about.html>.

[5] Office of the Provost and Vice-President, “Indigenous Initiatives”, University of Alberta, online: <https://www.ualberta.ca/provost/our-initiatives/indigenous-initiatives/indigenous-initiatives-page-2.html>. Note: The Office of the Provost and Vice-President (Academic) is currently in the process of updating their website. Limited information is available on their initiatives due to the changes.

Reconciliation Report Card: Update on the Wet’suwet’en Land Protectors

Image retrieved from: The Narwhal

Tansi Nîtôtemtik,

As we wrap up our blog this week with a focus on the progress of reconciliation in Canada, the recent events surrounding the Wet’suwet’en land protectors’ fight against Costal GasLink becomes a necessary point of discussion. Last year, ReconciliAction YEG provided an overview of the situation at the time, which saw the arrest of 14 land defenders at the Gidimt’en checkpoint and a negotiated truce between the Wet’suwet’en hereditary chiefs and the RCMP.[1] Developments have continued over the past year, especially in the last three months, and the situation has become a key case study for issues within Indigenous law and governance and, more prominently, the state of reconciliation in Canada today. Namely, reconciliation is seen as something precarious or, in the eyes of many watching the situation unfold, “dead.”[2]

After the arrest of 14 land defenders and the subsequent agreement between the hereditary chiefs and the RCMP in January 2019, the situation seemed to settle – at least as much as it could without a resolution for either side. Costal GasLink continued with construction of the LNG pipeline in Kitimat while land defenders maintained their blockades on Wet’suwet’en land with no further arrests. December 2019, however, is when the tide began to change. On December 13, the UN Committee on the Elimination of Racial Discrimination issued a directive calling on Canada to immediately cease the construction of three projects – including the Costal GasLink pipeline – until “free, prior, and informed consent” was granted.[3] Weeks later, The Guardian released an exclusive report detailing documents that showed the RCMP were prepared to use lethal force against activists at the Gidimt’en checkpoint.[4] In the shadow of these reports, on December 31, the BC Supreme Court granted an injunction sought by Costal GasLink for the removal of all protesters blocking access to the work site.

On January 7, 2020 – the anniversary of the RCMP’s raid on the Gidimt’en checkpoint – the Wet’suwet’en hereditary chiefs responded with an eviction notice to Costal GasLink, demanding that the company vacate their traditional territory.[5] Days later, on January 13, the RCMP set up an “exclusion zone” to enforce the court injunction, where media, supplies, and members of the Wet’suwet’en Nation were blocked from entering without RCMP authorization.[6] Then, in early February, the RCMP notified members of the Wet’suwet’en Nation and supporters to leave the area or else risk arrest.[7] The next day, on February 6, 6 land defenders were arrested by the RCMP in a pre-dawn militarized raid on the Unist’ot’en camp.[8] More raids followed in the subsequent days, including one on February 10, where 3 matriarchs were arrested while performing a ceremony to honour missing and murdered Indigenous women and girls.[9] That day, the police took down the series of red dresses hung to symbolize the sisters that have been lost, and broke down the Unist’ot’en camp gate – a barrier that was literally built with a beam that read ‘reconciliation.’[10] In total, 28 people were arrested over five days.

Overall, the whole situation is a familiar one – it has led journalist Andrew Nikiforuk to note that Canada has, once again, chosen colonialism over reconciliation.[11] Responses from Canada’s leaders have supported this characterization. Both BC Premier John Horgan and Prime Minister Trudeau have emphasized adherence to the “rule of law”[12] – seemingly ignoring the fact that Indigenous law is a part of Canada’s legal tradition.[13] These responses also fail to acknowledge the legal existence of Aboriginal Title, which was recognized by the courts in the 1997 Delgamuukw case (in which it was explicitly determined that the Wet’suwet’en and Gitxsan Nations had never surrendered their land or had their Aboriginal Title extinguished).[14] Federal opposition leader Andrew Scheer, meanwhile, responded with an inflammatory and racist speech in which he characterized the land defenders and supporting protesters as “radical activists.”[15]

And yet, the situation also feels different than anything before. While governments and corporations have done little to support reconciliation in this case, Canadian citizens – Indigenous and non-Indigenous alike – have nevertheless shown that they are willing to take action in support of Indigenous governance. Protests in solidarity with the Wet’suwet’en land defenders have spread across Canada – from Victoria, where protesters occupied the BC Legislature,[16] to Ontario, where rail blockades by members of the Tyendinaga Mohawk Nation forced VIA Rail and CN Rail to shut down their operations and services.[17] Similar blockades later appeared in other parts of the country, elevating the situation to one of national concern.

Such public support has, apparently, worked to put pressure on the authorities. In mid February, the RCMP were reported to have sent a letter to the hereditary chiefs in which they offered to remove their detachment on Wet’suwet’en territory on the condition that the Morice West Forest Service Road – which provides access to the project work sites – be kept clear.[18] And most recently, in early March, it was reported that the Wet’suwet’en hereditary chiefs had reached a proposed agreement with federal and provincial ministers.[19] Although details of the proposed deal have not been disclosed and the deal remains to be approved by the Wet’suwet’en people, the talks that led up to the proposal concerned “the recognition of Wet’suwet’en rights and title,” and “issues arising out of the Costal GasLink project.”[20] Following the proposal’s announcement, Costal GasLink issued a statement saying it would resume construction in the area near the Unist’ot’en Healing Centre.[21] Whether the proposal between the Wet’suwet’en, Canada, and BC will lead to a finalized agreement – and whether the agreement will in fact respond to Indigenous concerns or whether it will maintain the status quo – remains to be seen. Wet’suwet’en Hereditary Chief Woos has called the agreement a “milestone,” but stresses that the conversation is not done.[22] If anything, the dialogue in Canada – and its accompanying actions – has only just begun.

Until next time,

Team ReconciliAction YEG

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[1] See ReconciliAction YEG, “Wet’suwet’en Land Protectors” (30 January 2019), online: <https://ualbertalaw.typepad.com/faculty/2019/01/wetsuweten-land-protectors.html>. For more general introductions to the situation, see Kate Gunn and Bruce McIvor, “The Wet’suwet’en, Aboriginal title, and the rule of law – an explainer”, Straight (13 February 2020), online: <https://www.straight.com/news/1360301/kate-gunn-and-bruce-mcivor-wetsuweten-aboriginal-title-and-rule-law-explainer>; Melanie Woods, “West’suwet’en Costal GasLink Pipeline Dispute: Every Word You Need to Know”, Huffington Post (12 February 2020), online: <https://www.huffingtonpost.ca/entry/wetsuweten-coastal-gaslink-protest-injunction-definition_ca_5e4423edc5b61f8ad4e283c3?utm_hp_ref=ca-homepage>.

[2] “‘Reconciliation is Dead,’ Says MPP Sol Mamakwa After Tyendinaga Arrests”, Huffington Post (24 February 2020), online: <https://www.huffingtonpost.ca/entry/reconciliation-is-dead-sol-mamakwa-tyendinaga_ca_5e542d50c5b66729cf60728c?utm_hp_ref=ca-homepage>.

[3] Committee on the Elimination of Racial Discrimination, Prevention of Racial Discrimination, Including Early Warning and Urgent Action Procedure, Decision 1(100), 100th Sess (25 November-13 December 2019), online: <https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_EWU_CAN_9026_E.pdf>.

[4] Jaskiran Dhillon and Will Parrish, “Exclusive: Canada police prepared to shoot Indigenous activists, documents show”, The Guardian (20 December 2019), online: <https://www.theguardian.com/world/2019/dec/20/canada-indigenous-land-defenders-police-documents>.

[5] See Unist’ot’en Camp, Media Release, “Wet’suwet’en Hereditary Chiefs: No Access Without Consent” (7 January 2020), online: <https://unistoten.camp/wetsuweten-hereditary-chiefs-no-access-without-consent/>.

[6] Royal Canadian Mounted Police, News Release, “Update – Access Control Checkpoint set up along Morice West Forest Service Road” (13 January 2020), online: <http://houston.bc.rcmp-grc.gc.ca/ViewPage.action?siteNodeId=2130&languageId=1&contentId=62958>.

[7] Emma McIntosh and Alastair Sharp, “RCMP to Wet’suwet’en: stand down over Costal GasLink or face arrest”, National Observer (5 February 2020), online: <https://www.nationalobserver.com/2020/02/05/news/rcmp-wetsuweten-stand-down-over-coastal-gaslink-or-face-arrest>.

[8] Unist’ot’en Camp, Media Release, “Six Land Defenders Violently Arrested on Wet’suwet’en Territories” (6 February 2020), online: <http://unistoten.camp/six-land-defenders-violently-arrested-on-wetsuweten-territories/>.

[9] Unist’ot’en Camp, Media Release, “Unist’ot’en Matriarchs Arrested. Stand with Unist’ot’en Now!” (10 February 2020), online: <http://unistoten.camp/unistoten-matriarchs-arrested-stand-with-unistoten-now/>.

[10] Unist’ot’en Camp, Media Release, “ALL EYES ON UNIST’OT’EN: February 10, 2020” (10 February 2020), online: <http://unistoten.camp/feb10/>.

[11] Andrew Nikiforuk, “Wet’suwet’en Raids: Canada Chooses Colonialism Again”, The Tyee (6 February 2020), online: <https://thetyee.ca/Opinion/2020/02/06/Wetsuweten-Raids-Canada-Chooses-Colonialism-Again/>.

[12] Ryan Maloney, “Trudeau Backs Right of Anti-Coastal GasLink Pipeline Protesters But Says Laws Must be ‘Respected’”, Huffington Post (12 February 2020), online: <https://www.huffingtonpost.ca/entry/trudeau-coastal-gaslink-protests_ca_5e4437e6c5b61f8ad4e2d43e?utm_hp_ref=ca-homepage>.

[13] See Joe Pastion v Debe Tha’ First Nation, 2018 FC 648 at para 8: “Indigenous legal traditions are among Canada’s legal traditions. They form part of the law of the land.”

[14] Delgamuukw v British Columbia, [1997] 3 SCR 1010.

[15] Althia Raj and Zi-Ann Lum, “Andrew Scheer’s Anti-Blockades Speech Denounced By Party Leaders”, Huffington Post (18 February 2020), online: <https://www.huffingtonpost.ca/entry/andrew-scheer-anti-blockades-speech_ca_5e4c715fc5b6eb8e95b45f89?utm_hp_ref=ca-wetsuweten>.

[16] Dirk Meissner, “Costal GasLink Pipeline Protesters Light Ceremonial Fire At B.C. Legislature”, Huffington Post (9 February 2020), online: <https://www.huffingtonpost.ca/entry/bc-legislature-ceremonial-fire-coastal-gaslink-protests_ca_5e407acac5b6b70887020bd8?utm_hp_ref=ca-homepage>.

[17] Laura Kane, “Via Rail Service Shut Down Across Canada Because Of Pipeline Blockades”, Huffington Post (13 February 2020), online: <https://www.huffingtonpost.ca/entry/via-rail-cn-shutdown_ca_5e45dcccc5b64433c6138df7?utm_hp_ref=ca-wetsuweten>;

Leyland Cecco, “Canada: thousands of travelers affected as Indigenous-led rail blockade continues”, The Guardian (12 February 2020), online: <https://www.theguardian.com/world/2020/feb/12/canada-protests-indigenous-rail-blockade>.

[18] Catherine Tunney, “B.C. RCMP say they’ll leave outpost on Wet’suwet’en territory if road is kept clear”, CBC News (20 February 2020), online: <https://www.cbc.ca/news/politics/rcmp-withdraw-bc-1.5469669>.

[19] Canadian Press, “Pipeline Dispute: Ministers, Wet’suwet’en Chiefs Reach Proposed Agreement”, Huffington Post (1 March 2020), online: <https://www.huffingtonpost.ca/entry/pipeline-rail-blockade-agreement_ca_5e5bf9fbc5b601022112d19e?utm_hp_ref=ca-homepage> [“Pipeline Dispute”].

[20] Ibid.

[21] Canadian Press, “Costal GasLink Pipeline Construction To Resume After Agreement Reached”, Huffington Post (2 March 2020), online: <https://www.huffingtonpost.ca/entry/coastal-gaslink-pipeline_ca_5e5cf43ec5b60102211402fb?utm_hp_ref=ca-homepage>.

[22] “Pipeline Dispute”, supra note 19.

Reconciliation Report Card: Reassessing the Problem with Reconciliation

Image retrieved from: The Narwhal

Tansi Nîtôtemtik,

Way back in September 2017, the first team of ReconciliAction YEG contributors considered the question: what is the biggest problem with reconciliation?[1] Today, we thought it appropriate to revisit this question, asking whether anything has changed in the last couple of years.

As it stands, the problems with reconciliation identified previously are still very relevant today. One issue identified was reconciliation’s “politics of remembrance,” which has the tendency to promote a type of discourse that casts “[I]ndigenous people as victims … and for this victimization to become a spectacle for settler consumption.”[2] When conjuring an image of reconciliation, many people may recall images of Indigenous persons in tears as they recount their experiences before reconciliation commissions and inquiries. This focus on the pain and suffering experienced by Indigenous peoples at the hands of the Canadian state feeds into another recognized problem inherent in reconciliation – whereby reconciliatory discourse can, in effect, “erase the resiliency and resurgence of [I]ndigenous communities.”[3] As we have highlighted over these last eight months, systems of Indigenous governance have survived the colonial imposition of the Canadian state. While some modes of governance have been changed by the dominant system, others are being revived or are being reworked to confront contemporary issues. Indigenous communities have shown time and time again that they are not passive victims. On the contrary: Indigenous peoples continue to stand up and advocate for themselves, their rights, and their futures. The actions being taken by the Wet’suwet’en land defenders and their supporters, to be explored in depth in tomorrow’s post, shows this to be true.

Another problem with reconciliation previously identified was the “propensity” of reconciliation initiatives “to relegate colonial violence to an event from the past”[4] when, in fact, the “harm is still ongoing.”[5] As it stands, reconciliation is being sought within the very system that makes it necessary. You cannot break the chain with the master’s tools, as Audre Lorde wrote – and we cannot reconcile in an environment where nothing changes. And yet, events over the last couple of years have revealed that the biggest problem with reconciliation today is its existence as a form of rhetoric that is cited frequently, but rarely acted upon. This inaction, in turn, maintains the status quo. In the recent Coldwater decision, the Federal Court of Appeal spent a series of paragraphs considering reconciliation in relation to the contested TMX pipeline project. And yet, after all the careful discussion of reconciliation and its purpose, the Court determined that “reconciliation does not dictate any particular substantive outcome,”[6] before finally approving the expansion. And yet, as Kukpi7 Judy Wilson, Secretary-Treasurer of the Union of British Columbia Indian Chiefs (UBCIC), has noted: “On the contrary, reconciliation is about better outcomes for everyone, and the betterment of Indigenous lives in a nation that has marginalized and stolen their Title and Rights since colonization.”[7] She emphasized that Canada and BC “can’t adhere to reconciliation only when it serves their interests.”[8] Likewise, Canada cannot speak of reconciliation and then fail to take appropriate action.

The fact remains that reconciliation is not just an idea – it is a relationship that demands a new process, a new system, and a new way of life within Canada. If reconciliation is to truly be achieved, we require more than talk. Ultimately, systems of Indigenous governance, self-determination, and sovereignty must be implemented and supported throughout Canada, no matter how uncomfortable or disruptive the changes may be.

Until next time,

Team ReconciliAction YEG

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[1] “What is the Biggest Problem with Reconcilaition?”, ReconciliAction YEG (18 September 2017), online: <https://ualbertalaw.typepad.com/faculty/2017/09/what-is-the-biggest-problem-with-reconciliation.html>.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Rachael Yacaa?at George, “Inclusion is just the Canadian Word for Assimilation” in Kiera L. Ladner & Myra J. Tait, eds, Surviving Canada: Indigenous Peoples Celebrate 150 Years of Betrayal (Winnipeg: ARP Books, 2017) at 54.

[6] Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 at para 53.

[7] UBCIC, News Release, “Federal Court of Appeal’s Ruling on TMX Brazenly Attacks Indigenous Title and Rights and Threatens Climate” (4 February 2020), online: <https://www.ubcic.bc.ca/the_federal_court_of_appeal_s_ruling_on_the_tmx_spells_future_catastrophe>.

[8] Ibid.

Reconciliation Report Card: 'Beyond 94' Update

Tansi Nîtôtemtik,

Image retrieved from CBC News <newsinteractives.cbc.ca/longform-single/beyond-94?&cta=20>.

In this, our final week of regular content for the academic year, our current team of ReconciliAction YEG contributors wanted to interact with our predecessors over the last two years and provide a “Report Card” of sorts on topics in Reconciliation previously covered on the blog. We wanted to provide a meaningful check-in on topics that are still relevant, and in doing so, highlight Canada’s current state of Reconciliation. We would like to discuss the areas where improvement and attention are needed, and point towards opportunities for our readers to get involved in the process of Reconciliation.

Today’s post interacts with one written in ReconciliAction YEG’s first year, featuring CBC’s ‘Beyond 94’ interactive website on the progress of the Truth and Reconciliation Commission’s 94 Calls to Action.[1] You can read the post here.[2] That post, written March 23, 2018, reported that the current progress on the 94 Calls to Action was as follows:

• 10 Calls to Action had been completed;
• 0 Calls regarding child welfare, education, and health care had been completed;
• 1 Call had been completed regarding language and culture;
• 2 Calls had been completed regarding justice; and
• 7 Calls had been completed regarding Reconciliation.[3]

As of CBC’s most recent update of the Beyond 94 website, on January 22, 2020, these numbers have not changed; today, only 10 Calls to Action have been completed.

Encouragingly, there are an additional 60 Calls to Action with an “In Progress” status. 21 Calls to Action are classified under “Projects underway” and 39 Calls to Action under “Projects proposed.” However, 24 Calls to Action are listed as “Not started.”

Of the 21 Calls to Action “In Progress – Projects underway,” there are:

• 6 Calls regarding child welfare, education, and health care;
• 4 Calls regarding language and culture;
• 0 Calls regarding justice; and
• 11 Calls regarding Reconciliation.

17 Calls had projects undertaken during or before 2018. A few of those projects undertaken regarding Reconciliation are related to church parties involved with residential schools in the past. These groups are working towards Reconciliation by implementing educational programs for clergy working with Indigenous groups; church participation in culture revitalization projects; and renouncing the Doctrine of Discovery and the principle of terra nullius. Notably, those Calls to Action involving government funding seem to be stalemated, such as progress on Call 78, which since 2018 has not seen government monetary contribution to the previously promised $10 million over seven years to the National Centre for Truth and Reconciliation.

4 Calls had projects undertaken in 2019 or later. Significantly, 2019 saw the passing of An Act respecting Indigenous languages (Bill C-91) as well as an act that would create the Office of the Commissioner of Indigenous Languages (Calls 14 and 15). However, neither of these fully address the elements of Calls 14 and 15.

Of the 39 Calls to Action “In Progress – Projects proposed,” there are:

• 10 Calls regarding child welfare, education, and health care;
• *All Calls regarding language and culture either completed or in projects underway*;
• 11 Calls regarding justice; and
• 18 Calls regarding Reconciliation.

28 Calls had projects proposed in or before 2018. Some of the Projects proposed regarding Reconciliation have “died in the Senate,” such as progress on Call 80 which called for the establishment of a National Day for Truth and Reconciliation. Other projects, such as the one undertaken in response to Call 57, which called for the programs to be created to educate public servants on the history of Aboriginal peoples, have made important progress. The KAIROS Blanket Exercise, now required participation for University of Alberta first year law students, was developed in response to Call 57. One of our contributors helped facilitate the KAIROS Blanket Exercise a few months ago, and you can read about her experience here.[4]

11 Calls had projects proposed in 2019 or later. Some of these projects are highlighted, as follows:

• In response to Calls 66, 73, and 74, the 2019 federal budget committed funding to:
  • the creation of an online residential school cemetery registry as well as to provide opportunities for commemoration (Calls 73 and 74); and
  • provide $15.2 million over three years for a pilot program to support Indigenous youth reconciliation initiatives (Call 66).

• In December of 2019, the Trudeau government promised to introduce legislation within a year to implement UNDRIP (Calls 43 and 44).

• In response to Call 34, which called upon the criminal justice system to better address the needs of offenders with Fetal Alcohol Spectrum Disorder (FASD), Manitoba opened Canada’s first sentencing court specifically for offenders with FASD.

• In response to Call 27, which called for lawyers to receive appropriate cultural competency training, the Law Society of British Columbia moved to require Indigenous cultural competency training for all lawyers practising in the province by 2021.

• In response to Call 28, which calls for law students to be required to take a course in Aboriginal people and the law, two universities in Canada – Lakehead University and Windsor University – have mandated an Indigenous law course as required for its law students.

Two years have passed since our original post featuring CBC’s Beyond 94 website and almost five years since the release of the TRC’s 94 Calls to Action in 2015. However, only 10 Calls have been completed and 24 Calls remain unaddressed. While it is hopeful that 15 additional Calls are being responded to through proposed projects or projects already underway but in most cases, a commitment to the completion of the Calls to Action in the long-term is required. The federal government must do more than promise action and funding – Reconciliation must be a prominent value and a targeted goal not only for Canada’s government but also for Canadian citizens if meaningful progress towards the completion of the Calls to Action is to be made. Like that first ReconciliAction YEG contributor to discuss Beyond 94 two years ago, we stand in agreement today in 2020 with what she had to say on the pace of Canada’s progress in completing the Calls to Action:

[It] is unacceptable. The TRC Calls to Action are not a to-do list… they are steps that must be taken imminently to better the plight of Indigenous survivors in Canada.[5]

 With 10 Calls to Action complete in the 5 years since the release of the TRC Final Report, the average pace of completion is 2 per year. At that rate, all 94 Calls to Action will not be completed until 2062. The time for Reconciliation is now.

Yours Truly,

Team ReconciliAction YEG

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[1] Unless otherwise indicated, all information retrieved from CBC News, “Beyond 94: Truth and Reconciliation in Canada” (last updated 22 January 2020), online: CBC News <newsinteractives.cbc.ca/longform-single/beyond-94?&cta=32> [Beyond 94].

[2] ReconciliAction YEG, “In the Media: “Beyond 94”” (23 March 2018), online: University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2018/03/in-the-media-beyond-94.html>.

[3] Ibid.

[4] ReconciliAction YEG, “Reflection Post: The KAIROS Blanket Exercise, View from a Facilitator”, (20 September 2019) online (blog): University of Alberta Faculty of Law Faculty Blog <ualbertalaw.typepad.com/faculty/2019/09/reflection-post-the-kairos-blanket-exercise-view-from-a-facilitator.html>.

[5] Supra note 2.

 

ILSA Speaker Series: Senator Patti Laboucane-Benson on her graphic novel, The Outside Circle

Image retrieved from: <houseofanansi.com_products_the-outside-circle> 

Tansi Nîtôtemtik,

On Friday, March 6, the University of Alberta Faculty of Law was honoured to welcome Senator Patti Laboucane-Benson as the final speaker of the 2020 ILSA Speaker Series. Senator Laboucane-Benson was invited to speak about her graphic novel, The Outside Circle, but the event began with her reception of the Faculty of Law’s Aboriginal Justice Award in recognition of her outstanding contributions to the Indigenous community. A Métis from Treaty 6, Senator Laboucane-Benson has dedicated her 30-year career to the Indigenous communities of Alberta and Canada alike. She previously served as director of Native Counselling Services of Alberta, and was appointed to the Senate in 2018. She is also an alumnus of the University of Alberta, where she completed her PhD in Human Ecology with a dissertation that focused on the resilience of Indigenous Families and communities in response to historic trauma.

Inspired by her love of epic graphic novels such as Neil Gaiman’s Sandman, Senator Laboucane-Benson brought her dissertation to life in 2015 in the form of a graphic novel, The Outside Circle. The book won the 2016 Burt Award for First Nations, Metis and Inuit Literature.

Senator Laboucane-Benson told Friday’s audience that the book is not only about her dissertation – it is also an homage to Edmonton. Senator Laboucane-Benson partnered with Edmonton-based illustrator Kelley Mellings, who illustrated familiar images of the city and its buildings.

The Outside Circle follows an “inner-city Aboriginal family who transcend poverty, gang affiliation, and hopelessness.”[1] The publisher describes the story as such:

In this important graphic novel, two Aboriginal brothers surrounded by poverty, drug abuse, and gang violence, try to overcome centuries of historic trauma in very different ways to bring about positive change in their lives.

Pete, a young Aboriginal man wrapped up in gang violence, lives with his younger brother, Joey, and his mother who is a heroin addict. One night, Pete and his mother’s boyfriend, Dennis, get into a big fight, which sends Dennis to the morgue and Pete to jail. Initially, Pete keeps up ties to his crew, until a jail brawl forces him to realize the negative influence he has become on Joey, which encourages him to begin a process of rehabilitation that includes traditional Aboriginal healing circles and ceremonies.

Powerful, courageous, and deeply moving, The Outside Circle is drawn from the author’s twenty years of work and research on healing and reconciliation of gang-affiliated or incarcerated Aboriginal men.[2]

Throughout her presentation, Senator Laboucane-Benson stressed that the novel is an interplay between truth, evidence, and art. The truths represented in the story include the fact that Indigenous children are still being apprehended by the child welfare system, in which they constitute a high percentage of cases; that there is an over-representations of Indigenous persons in the Canadian prison system; that poverty underlies all the issues Indigenous people face; and that, at the heart of it all, colonialism and its historic trauma continues. This fact is itself exemplified by one striking image within the graphic novel: an image of one character, Pete, with a gang tattoo, bleeding blood that names instances of colonial violence, such as the Indian Act, Residential Schools and the 60s Scoop.

Image retrieved from <https://adastracomix.com/2017/11/15/the-outside-circle/>

Senator Laboucane-Benson explained the meaning behind this image, saying that she conceives of gang tattoos as colonial symbols, and the illustration is a metaphor of young Indigenous men bleeding colonial policy.

Within an engaging discussion of language (is the term “historic” trauma appropriate? Does it imply the idea that colonial trauma is not ongoing?) Senator Laboucane-Benson explained the four dimensions of historic trauma (i.e., the trauma rooted in colonialism). First is the colonized psyche/identity. In this dimension of trauma, Indigenous persons have come to internalize negative stereotypes, to fear their culture, and to feel shame in their identities. Second is a diminished capacity to self-determine, wherein generations of Indigenous children have grown up in environments where adults appear to have no power or control over their lives. Here, Senator Laboucane-Benson recalled the words of adults to children when the authorities came to take them away: “go and run and hide in the bush.” Imagine how truly powerless you are where that is the only way you can protect your children. Historic trauma creates a fear of those who have the power to make decisions that can hurt you – that is, a deep seeded fear of those with power and control over your life. One response to such fear is flight. The other response is fight – and those who do fight are labeled as “hostile,” “uncooperative,” or “difficult” and are ultimately denied services. Senator Laboucane-Benson stressed that the cornerstone to resilience is resistance, and we should not punish those who still have resistance in them. The third dimension of historic trauma is fractures kinship cycles. Senator Laboucane-Benson noted that some – but not all – Indigenous families are entrenched in pervasive intergenerational cycles of family violence, which devastate the family and community’s sense of connectedness. The final dimension of historic trauma is the loss of legal tradition – in particular, the loss of Wahkohtowin and its teachings of kinship and kindness.

And yet, from the truth of historic trauma emerged the truth of healing. Senator Laboucane-Benson told the audience that a healing movement began decades ago, and we must acknowledge the movement while also talking about how difficult the journey is for those on it. In order to write the book, Senator Laboucane-Benson noted that she had to commit to her own healing journey. She credited the Wahkohtowin teachings of several Elders as foundational in her learning. In the end, three principles of healing emerged from her research. These principles are not for Indigenous persons alone – non-Indigenous persons also have a role in healing. The first principle is the reconciliation of relationships that have been damaged by colonial policy. The second principle is reclaiming interconnectedness and unpacking colonial stereotypes to reclaim a positive Indigenous identity. The final principle is self-determination – that is, the ability to make decisions for yourself, and the belief that you can make good decisions. Senator Laboucane-Benson stressed this last principle, noting that there is no healing without responsibility. She also noted that, while we all need support in making critical decisions, no one can usurp this power and, ultimately, we must let people determine the path of their own healing.

Until next time,

Team ReconciliAction YEG

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[1] “Biography”, Senate of Canada, online: <https://sencanada.ca/en/senators/laboucane-benson-patti/>

[2] “The Outside Circle”, House of Anansi Press, online: <https://houseofanansi.com/products/the-outside-circle>.

ILSA Speaker Series: The Institute for Advancement of Aboriginal Women (IAAW) on the MMIWG Inquiry

Image retrieved from: <iaaw.ca>

Tansi Nîtôtemtik,

On Wednesday, March 5, only a handful of days before International Women’s Day, ILSA hosted Lisa Webber and Stephanie Harpe for a discussion of the state of affairs after the National Inquiry into Missing and Murdered Indigenous Women and Girls. The event was a sobering and impassioned affair driven by the experiences of both speakers. Lisa Webber, counsel from the Institute for the Advancement of Aboriginal Women (IAAW), spoke to the inquiry process, IAAW’s involvement, and key findings. Stephanie Harpe, herself a survivor of violence, stressed that violence is still happening, but also that there is still strength to be found.

The Inquiry & IAAW

The event began with a presentation by Lisa Webber on the National MMIWG Inquiry. The National Inquiry into Missing and Murdered Women was a public inquiry, established in response to the Truth and Reconciliation Commission’s Call to Action No. 41.[1] The inquiry took place from September 2016 until December 2018, and consisted of multiple stages. One stage consisted of truth gathering. There were also 15 community hearings across the country, and 9 knowledge-keeper, expert, and institutional hearings. Ultimately, the inquiry was mandated to report on systemic causes, and institutional policies and practices implemented in response to, violence experienced by Indigenous women and girls.

IAAW, an Alberta organization, had national standing during the inquiry and was able to travel across the country and participate. While Lisa acknowledged that the inquiry process was “not ideal” and subject to valid criticism, she shared how IAAW supported individuals and communities during truth-gathering, attended institutional hearings, tested the evidence put forward by victim services and police, and made its own submissions to the inquiry. Lisa reflected on her personal involvement as counsel for IAAW during the inquiry and shared how the process made her realize how deeply seeded colonialism and sexism are nationally – hence why it was so important to hold a national inquiry. 

Statistics, Findings, Calls to Justice, and Failure to Follow Through

At the time of the 2016 census – when the inquiry began – it was reported that there were a total of 1.6 million Aboriginal persons of Canada, making up 4.9% of the population. Around the same time period, the number of Aboriginal women and girls in Canada was said to be at 860,000, making up 5% of the total Canadian female population. And yet, homicide is 6x higher for Aboriginal women than non-Aboriginal women. The number of missing and murdered Indigenous women and girls in Canada, however, is unknown, as so many persons and cases have been unreported.

After sharing these statistics, Lisa noted some key overarching findings by the inquiry. Namely, it was found that Canada is a settler colony country which has imposed its laws, institutions, and cultures on Indigenous people. Moreover, colonial violence has become embedded in the everyday life of Indigenous people, the result being that Indigenous people are normalized to violence, while non-Indigenous persons remain apathetic. Most significantly, however, the inquiry found that the violence against Indigenous peoples amounts to a race-based genocide. The inquiry’s final report stressed that we must consider the application of the term “genocide” in both its legalistic and social terms.

Lisa herself stressed that it is important to understand the history of genocide in Canada because it is not history – it is a current reality, exemplified by residential schools, the 60s Scoop and the current child welfare system, the dispossession of Indigenous peoples from land, media misrepresentation, inadequate housing and water access, and starlight tours. She named four pathways in which colonial violence continues today: (1) historical, multigenerational, and intergenerational trauma; (2) social and economic marginalization; (3) maintaining the status quo and institutional lack of will; and (4) ignoring the agency and expertise of Indigenous women and girls. These pathways, she stressed, continue to jeopardize the safety of Indigenous women and girls and creates hostility. She noted that such hostility is exemplified in the case of Angela Cardinal – who was held in remand for five nights to ensure her attendance as a witness to her own violent assault, transported back and forth between court in the same van as her attacker, and shackled while giving her testimony – and the desecration of Cindy Gladue – whose body was preserved and presented as evidence without the knowledge and consent of her family.

In light of the inquiry’s findings, 231 Calls for Justice[2] were released. These calls, Lisa stressed, are legal imperatives which all governments – federal, provincial and territorial, municipal, and Indigenous alike – are obliged to implement. And yet, Lisa noted that, ultimately, nothing has happened; there has been no follow through by governments. She ended her presentation noting that the positive obligations emerging from the national inquiry are not only on the government. Rather, it is for individuals and organizations such as IAAW to address systemic violence as well – if we wait for government to act, it will not happen and, if it does, it will not be at the pace it needs to be.

Words of Wisdom from a Survivor 

After Lisa Webber’s presentation, Stephanie Harpe took to the podium to share the harrowing story of the “common life of the Indigenous person” in Canada. Stephanie, the project coordinator for the IAAW’s Esquao Youth & Adult Leadership Development Programs, is herself a survivor of violence. She referred to herself as a survivor of every horrible statistic you can imagine. Stephanie has experienced exploitation and addiction, she was forced to attend a residential school, her mother was murdered, and she was a near-victim of murder herself. Stephanie was emphatic about her ability to rise above by taking accountability for herself and dealing with rooted pain – a pain we all must confront and carry, because “we need each other more than ever.”

Stephanie also shared her experience with community outreach via IAAW, and the realities of domestic violence and human trafficking currently taking place. She took the time to read a list of safety tips, all the while stressing that while we may not consider such violence and dangers a reality – especially in the safe confines of our law school – it is in fact happening. She further stressed that we must educate ourselves and take steps as allies by raising our voices, attending protests, and creating petitions to help make changes. But in the end, she told us to “know that we are getting well, and empowered,” noting that the use of programming (such as that offered by IAAW) has been able to allow Indigenous persons to get strong and move forward, becoming proud and resilient in their survival.

To learn more about IAAW and the MMIWG Inquiry, please visit their respective websites here[3] and here.[4]

Until next time,

Team ReconciliAction YEG

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[1] Truth and Reconciliation Commission of Canada, Calls to Action, online: <http://trc.ca/assets/pdf/Calls_to_Action_English2.pdf>.

[2] National Inquiry into Missing and Murdered Indigenous Women and Girls, Calls for Justice, online: <https://www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Calls_for_Justice.pdf>.

[3] Institute for the Advancement of Aboriginal Women, online: <https://iaaw.ca>.

[4] National Inquiry into Missing and Murdered Indigenous Women and Girls, online: <https://www.mmiwg-ffada.ca>.

ILSA Speaker Series: Tamara Chomyc on the Overrepresentation of Indigenous Women in the Criminal Justice System

Image retrieved from: <www.efryedmonton.ab.ca>

Tansi Nîtôtemtik,

Today, ReconciliAction YEG continues its coverage of the Indigenous Law Students’ Association’s 2020 Speaker Series which took place at the University of Alberta Faculty of Law last week from March 2-6, 2020. On the third day of the Speaker Series, the featured speaker was Tamara Chomyc, the Court Program Assistant and Project Facilitator for the Elizabeth Fry Society of Edmonton (“E Fry”). Within the overall theme of Indigenous Peoples and the criminal justice system in Canada, Ms. Chomyc spoke on the overrepresentation of Indigenous women in both the justice system and in Canadian prisons.

The Elizabeth Fry Society is an agency in Edmonton connecting women, youth, and children with community resources through the provision of programs and daily skills workshops, as well as supporting persons involved in the criminal justice system, among others.[1] E Fry has now expanded to several other communities to serve Red Deer and northern Alberta.[2]

The subject of Chomyc’s talk focused on E Fry’s work with Indigenous women and youth in the criminal justice system in Edmonton. Recently, in January of 2020, the Canadian Association of Elizabeth Fry Societies released a statement on the “Appalling and growing over-representation of Indigenous people in Canadian prisons” highlighted by the recent data released by the Office of the Correctional Investigator.[3] That statement cited the following statistics:

• Despite only making up 5% of the Canadian population, Indigenous people make up 30% of those federally incarcerated;
• With regard to women, 42% of those incarcerated are Indigenous women. In provincial jails in the prairies, Indigenous women account for upwards of 90% of the prison population.

Emilie Coyle, the Executive Director of the Canadian Association of Elizabeth Fry Societies, commented on the data, saying “These disproportionately high numbers reflect the ongoing and systemic oppression and criminalization of Indigenous women and girls in Canada.”[4] Those working for E Fry “witness on a regular basis the harmful, colonial, practice of incarcerating Indigenous women in Canada… [and] we continue to advocated for legislative reform to address the alarming figures and we urge the government to treat the over-representation of Indigenous women as the emergency that it is.”[5]

Chomyc has been a criminal court worker for the last five years and had a number of reflections from her experiences. She drew attention to the difficulty Indigenous people experience in accessing legal representation. Recent cuts to Legal Aid funding have only exacerbated this problem. A recent client commented to Chomyc, “I’ve called Legal Aid three times. Each time I’ve waited on hold for three hours and then been disconnected. The Judge has told me I can’t adjourn anymore… What do I do?”

Even if legal representation is obtained, there are problems at every level of the criminal justice system, from the quality of representation, to issues with sentencing, to mistreatment during incarceration. Indigenous women experience the most egregious human rights violations, face harsher sentences, are more often put in high security prisons, and are less likely to receive parole than their non-Indigenous counterparts. Once sentences are served, there are a serious lack of resources available for assisting in reintegration. One inmate expressed, “We get out [of prison] and drugs are right there waiting for us… not jobs, not support… What would you do?” Another inmate lamented, “Why has everyone out there given up on us?”

Chomyc believes the focus should be on keeping Indigenous women out of jail in the first place and increasing focus on practical alternatives, citing Calls to Action 30 and 31, which state:

30. We call upon federal, provincial, and territorial governments to commit to eliminating the overrepresentation of Aboriginal people in custody over the next decade, and to issue detailed annual reports that monitor and evaluate progress in doing so.

31. We call upon the federal, provincial, and territorial governments to provide sufficient and stable funding to implement and evaluate community sanctions that will provide realistic alternatives to imprisonment for Aboriginal offenders and respond to the underlying causes of offending.[6]

One recommendation offered by Chomyc for reducing incarceration rates was for judges and lawyers to spend more time with inmates, stating that “sentencing might look a lot different” if they did so… “Unfortunately, they need to see it to believe it.” Chomyc also drew attention to the Corrections and Conditional Release Act[7] sections 29, 81 and 84, which: authorize the transfer of a person sentenced to mental health facilities; encourage the placement of Indigenous offenders with Indigenous authorities; and support the reintegration of inmates into Indigenous communities, respectively.

Another recommendation was to focus on practical alternatives to incarceration such as the “Stop Lifting Program” run by E Fry, which could serve as an alternative to sentences served for theft crimes. The benefit of such programs is that they emphasize a supportive rehabilitative standpoint rather than a disciplinary standpoint.

Finally, Chomyc called on Canadian society, especially lawyers and law students, to educate themselves about issues in Indigenous incarceration in Canada and to make strides in changing how Canadian society handles Indigenous offenders. E Fry participates in fulfilling Call to Action 27 by providing free sessions for lawyers and law students on cultural competency, trauma-informed practice, and social history (among others). To check out their full programming schedule and to learn more about how you can get involved in E Fry’s efforts, please visit their website here[8] or e-mail Tamara Chomyc at efryvolunteer@efryedmonton.ab.ca.

Until next time,

Team ReconciliAction YEG

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[1] Elizabeth Fry Society of Edmonton, “History of The Elizabeth Fry Society”, (last visited 5 March 2020), online: Elizabeth Fry Society <www.efryedmonton.ab.ca/history.html>.

[2] Ibid.

[3] Emilie Coyle, “Appalling and growing over-representation of Indigenous people in Canadian prisons highlighted by the Correctional Investigator” (22 January 2020), online (news release): Canadian Association of Elizabeth Fry Societies <www.caefs.ca/2020/01/>.

[4] Ibid.

[5] Ibid.

[6] Truth and Reconciliation Commission of Canada, Truth and Reconciliation Commission of Canada: Calls to Action (Winnipeg: Truth and Reconciliation Commission of Canada, 2015) at 3, online (pdf): <trc.ca/assets/pdf/Calls_to_Action_English2.pdf>.

[7] SC 1992, c 20, online: CanLII <www.canlii.org/en/ca/laws/stat/sc-1992-c-20/latest/sc-1992-c-20.html?autocompleteStr=corrections&autocompletePos=1>.

[8] Elizabeth Fry Society of Edmonton, “Home” (last visited 7 March 2020), online: <www.efryedmonton.ab.ca>.

ILSA Speaker Series: Justice Leonard S. Mandamin and Canada’s Criminal Justice System

Tansi Nîtôtemtik,

On March 3, 2020, Justice Leonard S. (Tony) Mandamin delivered a speech about criminal justice reform as part of the Indigenous Law Students’ Association (“ILSA”) Speaker Series at the University of Alberta Faculty of Law. Justice Mandamin discussed his life, his career, and his recommendations to improve the criminal justice system for Indigenous Peoples.

Justice Mandamin is from the Wikwemikong Unceded Indian Reservation in Northern Ontario. He graduated from the University of Alberta Faculty of Law in 1982, was called to the Alberta Bar in 1983, served as a Provincial Court Justice from 1999-2007, and was appointed to the Federal Court in 2007. Justice Mandamin also represented the Indigenous appellants in R v Badger, [1996] 1 SCR 771, an important treaty interpretation case where the Supreme Court of Canada held that a Treaty 8 hunting right continued to exist.

During Justice Mandamin’s speech, he explained some differences between Euro-Canadian and Indigenous conceptions of criminal law. The actions that constitute a “crime” are roughly similar in Canadian and in Indigenous legal conceptions, but there are different procedures for how to deal with criminal offenders. Justice Manadamin noted that many Indigenous communities are small, tight-knit, and expect that an offender will admit his or her wrongdoing. The process for dealing with “criminal” behaviour in many Indigenous communities is then about attempting to “restore the harmony” that was disturbed by the offence. Thus, for many Indigenous communities, restorative justice is more important than the settler priorities of punishment or deterrence.

Justice Mandamin discussed his early work as a criminal defence lawyer working with Indigenous clients. During this time, he was able to see the differences between Indigenous and Canadian conceptions of the legal system firsthand. According to Justice Mandamin, many of his clients would quickly tell the police that they committed their accused crime because truthfulness was the first step in the Indigenous restorative system. He noted that the prioritization of Canadian values and worldviews over Indigenous ones has contributed to the overrepresentation of Indigenous Peoples in the justice system.

Justice Mandamin pointed to “The Sacred Teachings,” or Indigenous values that represent a holistic Indigenous worldview, as important beliefs to recognize when considering criminal justice reform. The Teachings instill the values of: honesty, bravery, love, respect, humility, truth, and wisdom. Taken together, these qualities lead to mutual respect and the ability to live in harmony.

Justice Mandamin ended his speech by giving four concrete suggestions to improve the Canadian criminal justice system for Indigenous people. They include:

1. Indigenous Involvement – Allowing for more Indigenous involvement in developing criminal justice procedures.
2. Indigenous Restorative Justice – Making Restorative Justice procedures available prior to court proceedings, before sentencing, and after sentencing.
3. Indigenous Jurisdiction – Recognizing the law-making authority of Indigenous communities and First Nations to develop restorative justice techniques.
4. Indigenous Resourcing – Providing adequate resources for the key personnel and institutions that use Indigenous techniques in the criminal justice system.

Justice Mandamin’s speech was enlightening. It was fantastic to hear sensible suggestions for criminal justice reform from a respected Indigenous jurist. Justice Mandamin’s recollections about his work with Indigenous clients, litigating at the Supreme Court of Canada, and serving on the bench were also interesting anecdotes from a successful career.

Miigwech to ILSA and to Justice Mandamin for a great discussion.

Until Next Time,

Team ReconciliAction YEG

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ILSA Speaker Series: A Panel Discussion with Jade Tootoosis, Tasha Hubbard and Dr. Friedland

 

Photo retrieved from: Liam Richards/CP as found in the following article: Andray Domise, “What the Tragedy of Colten Boushie Says About Racism in Canada” (25 August 2016) Maclean’s, online: <www.macleans.ca/news/canada/the-tragedy-of-colten-boushie-racism-canada/>

Tansi Nîtôtemtik,

Last week, the Indigenous Law Speaker Series: Justice-Injustice, put on by the Indigenous Law Students’ Association at the University of Alberta Faculty of law, was held. I attended a panel with Jade Tootoosis, Tasha Hubbard and Dr. Friedland. The panel discussed the injustice within the Canadian criminal justice system, in particular the murder trial of Gerald Stanley who killed Colten Boushie, Jade Tootoosis’ cousin. The panel discussed the inherent racism found within the Canadian system and told of the experience that Jade Tootoosis and her family had in trying to bring Justice to Colten. The film created by Tasha Hubbard, Nîpawistamâsowin: We Will Stand Up which follows the aftermath of the trial was also discussed.

Introduction to the Panel

Jade Tootoosis is the cousin of Colten Boushie, the young 22 year-old Cree man who was killed by Gerald Stanley in Saskatchewan in 2016.[1] Jade has worked tirelessly since her cousin’s death to raise awareness about the injustice  that her family and many others have suffered at the hands of the Canadian justice system. She is also an active advocate for the acknowledgement of racism in the Canadian justice system.

Tasha Hubbard is an “award-winning filmmaker and an Assistant Professor at the University of Saskatchewan.”[2] She is the recipient of the Gemini Canada Award for her solo project, Two Worlds Colliding, and has the goal of raising awareness on “racism and Indigenous media both in Canada and abroad.”[3] She is also the director of the film Nîpawistamâsowin: We Will Stand Up.

Dr. Hadley Friedland is an Assistant Professor at the University of Alberta specializing in Indigenous laws, Aboriginal law, criminal justice, family and child welfare law and therapeutic jurisprudence.[4] She is the co-lead of the Wahkotowin Indigenous Law and Governance Lodge, “an interdisciplinary initiative developed to support community-led research of Indigenous laws and governance principles.”[5]

This post highlights what I took away from the thoughts and feelings shared by the panelists at the discussion I attended.

The Message

While I was listening to the panel discussion, it struck me that the main message was this: the Canadian justice system needs to do better. It needs to provide equal care and justice to all families, not just settler families. The media, the lawyers and the ultimate outcome of the Gerald Stanley trial make it clear that injustice is alive and well, particularly when it comes to Indigenous families and victims.

The Jury

In February of 2018, Gerald Stanley was found not guilty of second-degree murder by a jury. There were 5 Indigenous people in the initial pool of 40 jurors. All 5 were dismissed as well as anyone of colour. While this is blatant racism, Jade Tootoosis commented that racism was never mentioned or acknowledged. This is particularly scary, in my opinion, as lack of acknowledgment of racism reinforces the colonial mindset and fails to engage self-reflection. Without being faced with the fact that there is racism and identifying it in cases such as this trial, the very people charged with seeking justice are blinded.

While it would be utopian to simply be able to appeal the verdict, Dr. Friedland explained why this is not possible in Canada. In Canada, when there is a trial by jury, lawyers and others are unable to meet with the jurors after a decision is given to understand how the jurors came to that decision and what factors weighed most heavily. In fact, Section 649 of the Criminal Code makes it a criminal offence for jurors to disclose information about the “proceedings of the jury.”[6] This is contrary to the United States where jurors are able to explain how they arrived at the verdict. What this does within the Canadian system is it blocks the decision itself from being appealed. In Canadian trials by jury, only the instructions given to the jury by the judge can be appealed. It forces families that have suffered, like that of Colten Boushie, to find other avenues to speak of their injustice and call for action from fellow Canadians.

The Narrative at Trial

Throughout the narrative told at Gerald Stanley’s trial, Colten Boushie was not someone who was valued, loved or worthy of justice. At every turn, Indigenous stereotypes were being imposed without knowing who he was and without Colten being alive to defend himself. The media and the narrative were quick to blame Colten without all the information. Jade Tootoosis said that she and her family continue to fight Colten’s dehumanization. I found the use of the word “dehumanization,” powerful. The idea that someone you love is lost and you are left unable to be their voice in the trial process or advocate on their behalf. There is so much trust placed on the prosecution to ensure that victims are fought for and presented in court to the jury as vibrant, living individuals. It is heartbreaking to think that families can be cheated out of this advocacy because the colonial mindset is so engrained, and their loved ones have simply ceased to exist within the justice system.

Jade Tootoosis highlighted that during the trial, her family was required to remove or hide any articles of clothing with Colten’s name or picture. She noted that this felt like the court was denying Colten’s family from bringing him into the trial as a human. She also explained that when Colten’s name was mentioned in the courtroom, it was attached to something negative. The Jury heard about Colten only through the colonial lens. The only photos the jury saw of Colten were of him lying on the ground, a corpse. Jade then said something powerful: Colten was something in that courtroom, not someone.

The way Colten was presented in the courtroom was starkly contrasted with the way Gerald Stanley was presented. Gerald Stanley was portrayed as “Gerry,” a hardworking Saskatchewan farmer. He was enshrouded in positivity and kindness, everything that was not said about Colten. To me, it seemed like Colten was the one on trial and not Gerald Stanley. Jade made an impactful observation from her experience sitting through the trial: in a murder trial, nobody represents the victim. The Crown represents the evidence presented in court.

The Film

Nîpawistamâsowin: We Will Stand Up is a film that follows the aftermath of Colton Boushie’s murder and his family’s search for justice. It debuted as a special presentation from the Kingston Canadian Film Festival (KCFF) on Wednesday, October 16, 2019.[7] The film speaks to the colonial mindset and perspective that is so entrenched in Canada and directly addresses the profound racial issues engrained in Canadian society, especially within the justice system. To read more about this film, you can click here.[8] If you would like to watch the film, you can do so here.[9]

Tasha Hubbard, the film’s director, explained that the hope in creating this film is to “push for self-reflection of the way in which people have and continue to, whether they’re aware of it or not, perpetuate colonial beliefs, racism and bias.” Settlers need to take the time to self-reflect and acknowledge the racism that continues in our society. Without this recognition, there is no way to change it.

The Aftermath of the Acquittal

Throughout the investigative process and trial, Colten’s family was left in the dark. They were not privy to information and were left to wade through the complex process without help. The family was shut out and silenced, even by the Crown prosecutor. Out of necessity, the family retained a lawyer. Once the lawyer was brought into the picture, the many issues within the investigation process itself, namely the negligent handling of evidence, were brought to light.[10] The family’s lawyer was baffled at the blatant mishandling of not only the evidence but the trial itself and the system’s treatment of Colten’s family.

For a system that is supposed to bring justice and a voice to all, it is failing on all accounts. Colten was the victim. His family was the victim. Indigenous people are to this day the victim of an unjust justice system perpetually denying justice. How can we say that we have an effective justice system when it is not justice for all? We can’t, and that is unacceptable.

What You Can Do and Call to Action

Jade and her family are calling on a public inquiry into Saskatchewan’s system, hoping for an inquiry that resembles that of the Manitoba Justice Inquiry. In particular, they are pushing for a case study that looks into Colten’s case. If you want to help and be an advocate for justice and stand with Colten’s family, you can go online here and sign the petition calling for the public inquiry.[11] If you want to learn more about “Justice for Colten Boushie,” you can go their Facebook page to learn more.[12]

I will leave you with this powerful call to action from Jade Tootoosis: “If you see someone going through an injustice and you have something you can offer them, reach out. Don’t sit back. If you have a knowledge or skill, it is a responsibility to put it forward to the people who need it most.”

Until Next Time,

ReconciliAction YEG

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[1] The Canadian Press, “Timeline: Gerald Stanley Investigation and Murder Trial” (9 February 2018), online: <www.ctvnews.ca/canada/timeline-gerald-stanley-investigation-and-murder-trial-1.3797837>.

[2] “Tasha Hubbard,” online: <www.nfb.ca/directors/tasha-hubbard/>.

[3] Ibid.

[4] “Faculty” University of Alberta Faculty of Law, online: <www.ualberta.ca/law/faculty-and-research/profiles/hadley-friedland>.

[5] “Wahkohtowin Law and Governance Lodge” University of Alberta, online: <www.ualberta.ca/law/faculty-and-research/wahkohtowin>.

[6] Criminal Code, RSC, 1985, c C-46 at s 649.

[7][7] Pamoda Wijekoon, “Colten Boushie Documentary Tackles Racial Tension on the Prairies” (18 October 2019) The Queen’s University Journal, online: <www.queensjournal.ca/story/2019-10-18/arts/colten-boushie-documentary-tackles-racial-tension-on-the-prairies>.

[8] “Nîpawistamâsowin: We Will Stand Up,” online: <www.nfb.ca/film/nipawistamasowin-we-will-stand-up/>.

[9] “Tasha Hubbard,” online: <www.nfb.ca/directors/tasha-hubbard/>.

[10] Colten’s family sought a review of the handling of information. Saskatchewan conducted its own investigation and cleared itself. It is clear that in no part of this process was there a moment of unbias or justice.

[11] www.change.org/p/minister-of-justice-and-attorney-general-of-canada-public-inquiry-into-death-of-colten-boushie-investigation-acquittal-of-gerald-stanley

[12] www.facebook.com/groups/1458975607464535/

Youth Leadership and the Environment: A Profile of Autumn Peltier

Image retrieved from The Tyee <thetyee.ca/Opinion/2019/09/30/Autumn-Peltier-Asks-Why-So-Many-Communities-Have-No-Water/>

Tansi Nîtôtemtik,

Evident by recent political protests, such as those in solidarity with Wet’suwet’en Hereditary Chiefs opposed to the Coastal Gas Link Pipeline, some young people and Indigenous groups are concerned about the effects of resource development on Indigenous lands. It is important to note that young Indigenous environmental activists are leaders in their communities, as they seek to include more Indigenous ways of knowing into environmental and resource policy.

This post will highlight the leadership of “Water Warrior” Autumn Pelletier.[1] Autumn, currently aged 15, is the Chief Water Commissioner for the Anishinabek Nation, comprised of 40 First Nation communities in Ontario.[2] While advocating for clean water, Autumn has spoken twice at the United Nations, many times at international climate conferences, and has confronted Prime Minister Justin Trudeau about his “broken promises.”[3]

Autumn originates from the Wiikwemkoong First Nation on Manitoulin Island in Northern Ontario.[4] She began her activism at the age of 8 by advocating for clean drinking water in First Nation communities.[5] Autumn states that the lack of safe drinking water in her community left her “confused, as Canada is not a Third World country, but… Indigenous People live in Third World conditions.”[6] Autumn frequently links the importance of clean water to survival, occasionally using the hashtag #waterislife.

However, for Autumn, clean water means more than just providing the essentials of life – it is a vital component of her culture. She states: “for years and years our ancestors have passed on traditional oral knowledge that our water is alive, and our water has a spirit… Mother Earth’s power is in the lifeblood of Mother Earth, which is our water.”[7] Thus, while she clearly cares about the physical well-being of her people, she is equally concerned with her people’s ability to practice traditional beliefs.

Autumn inherited her role as a water carrier from the female ancestors on her mother’s side; this matrilineal honour is a tradition in her community.[8] In a speech to the Global Landscapes Forum, Autumn thanked the women that came before her, such as her Great Auntie Biidaasige-ba, who’s “lifetime commitment and sacrifices to create the awareness and the sacredness of water” helped Autumn to become the person that she is today.[9]

Being a young person engaged in activism also gives her a unique perspective, both in a clear-eyed approach to problems and in utilizing 21^st century activist tactics. Clearly, and in a way that signals that nothing else matters, Autumn has asked the rhetorical question: “Will we even have a future to look forward to, for our future children, grandchildren?”[10] Her youth allows her to ask this question and unnerve an audience with the stark image of a young person pondering her future. Being a young leader also gives Autumn other advantages, such as a knack for using social media. Under the Instagram account @autumn.peltier, she has over 114,000 followers and has posted hundreds of times.

Thus, Autumn’s leadership is informed by her family, her cultural traditions, and her youth. As new problems grip the world, there will be new ways of using Indigenous philosophies to solve problems, and young Indigenous leaders, like Autumn, will be best positioned to use that knowledge.

Until Next Time,

Team ReconciliAction YEG

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[1] Rebecca Volkov, “Autumn Peltier: The Water Warrior” (18 September 2018), Inspiring Indigenous Youth (blog), online: <scholarblogs.emory.edu/inspiringindigenousyouth/2018/09/18/autumn-peltier-the-water-warrior/>.

[2] Adina Bresge, “’It’s Time for Action’: Indigenous water activist Autumn Peltier to speak at UN forum,” National Post (26 September 2019), online: <nationalpost.com/news/national/indigenous-water-activist-to-speak-at-un-as-part-of-youth-led-climate-movement> [Bresge].

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Autumn Peltier, “Why Have So Many Communities Gone Without Water for So Long, Autumn Peltier Asks,” The Tyee (30 September 2019), online: <thetyee.ca/Opinion/2019/09/30/Autumn-Peltier-Asks-Why-So-Many-Communities-Have-No-Water/> [Peltier].

[7] Ibid.

[8] Bresge supra note 2.

[9] Peltier supra note 6.

[10] Bresge supra note 2.

Two-Spirit Activism: A Profile of Levi Foy

Image retrieved from CBC News <cbc.ca/news/canada/manitoba/metoo-real-man-1.4442184>.

Tansi Nîtôtemtik,

Today’s post highlights Levi Foy, a “mouth-piece” and “facilitator” in Winnipeg’s Two-Spirit community. The Two-Spirit identity is an Indigenous concept that “reflects traditional [Indigenous] gender diversity, including the fluid nature of gender and sexual identity and its interconnectedness with spirituality and traditional worldviews.”^[1] Two-Spirit links the gender, sexual, and Indigenous identities of those people that self-identify with the label; thus, Two-Spirit is not a fixed term and it can mean different things to different people. To learn more about Two-Spirit identities, a November 20, 2018 post from Team ReconciliAction YEG can be accessed here.

Levi Foy is a self-described “half-breed” with roots on his father’s side in Couchiching First Nation on Treaty 3 land; while he grew up throughout Southwestern Manitoba, Levi spent summers on his father’s reserve.^[2] He began to identify as Two-Spirit during his studies at the University of Winnipeg in the early 2000s.^[3] Levi is currently the Executive Director of Sunshine House, a Winnipeg “community drop-in and resource centre focusing on harm reduction and social inclusion” through programming and community-building.^[4]

Part of Levi’s work involves facilitating the “Like That” program, built to “open up a space that is not clinical and is not a bar” for Queer people in Winnipeg to connect and get support. The name “Like That” was chosen because of the preference for the street population and those living on reserve to avoid terms like “gay” or “Queer,” and instead describe someone as “like that.”^[5] The program is wholly driven by participants and often includes Indigenous and Two-Spirit programming and in the past has included sending participants to Two-Spirit gatherings.^[6] Programming can include activities to build community such as sharing circles, crafting, and beading.^[7]

Levi notes that the Two-Spirit community has been active in Winnipeg for as long as he can remember. He remarks that the Two-Spirit people have historically been “self-reliant” and have “kind of always done our own thing” because of fears of intersectional oppression from their minority gender, sexual, and Indigenous identities.^[8] Levi contends that this is a natural response since “being a minority within a minority” requires people to occasionally “practice self-preservation to make sure that they survive.”^[9] However, he is thankful for the strong knit community that is present in Winnipeg.

Levi, along with guidance from a former co-worker “Granny” Kelly Houle, helped to develop the first Two-Spirit Pow Wow in Canada in 2017.^[10] In five months, the Pow Wow was planned “from the ground up” and held; he highlights the help from the community and the “guidance from the older Two-Spirit community” in preparing the event.^[11]

Levi also performs in the Winnipeg drag scene under the stage name Prairie Sky. He describes his alter-ego as “kinda classy and kinda trashy… I like to look really pretty, but I also am really foul and like to be lots of fun and subversive, but also approachable.”^[12] Levi defines drag as “any time someone puts on clothing and toys with ideas around masculinity and what it means to be feminine.”^[13] Personally, his first “dabblings in gender play” helped him to “navigate [his] gender identity,” and his experiences in Indigenous and drag culture help to inform Prairie Sky’s persona.^[14] Click here^[15] to watch a short documentary about Levi’s development of Prairie Sky.

For Levi, Indigenous Governance is a “very loaded term” but also a “very important and topical term.”^[16] In a general sense, he believes true Indigenous Governance would recognize “the existence and the practice of Indigenous laws, philosophies, and ways of being and knowing.”^[17] He notes that the goal of Indigenous Governance “often runs incongruent to Western laws and governing practices” but that it is necessary for them to exist simultaneously.

Since Levi wears many hats within Winnipeg’s Two-Spirit, homeless, and drag communities, it would be easy to characterize him as a leader; however, Levi rejects that term for himself. To him, leadership is a concept that is linked to his cultural upbringing and is not acted out by an individual but through conversations and actions that are “informed by a multitude of people within their communities.”^[18] He notes that vulnerability, listening, accountability, and humility are characteristics that contribute towards leadership and he particularly values the ability to engage in dialogue.^[19]

Levi’s work, art, and activism are important to who he is and have helped to bring awareness to the experiences of Two-Spirited people in Winnipeg and beyond.

Until next time,

Team ReconciliAction YEG

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[1] Sarah Hunt, An Introduction to the Health of Two-Spirit People: Historical, contemporary, and emergent issues, (Prince George, BC: National Collaborating Centre for Aboriginal Health, 2016) at 7.

[2] Interview of Levi Foy (20 February 2020) [Interview of Foy].

[3] Ibid.

[4] Sunshine House Winnipeg, “Who We Are,” online: <sunshinehousewpg.org/about>.

[5] Interview of Foy supra note 2.

[6] Ibid.

[7] Ibid.

[8] Ibid; University of Manitoba, “Episode 6: Reconciliation in the Two-Spirited Community,” minogondaagan (podcast), online: <umfm.com/minogondaagan/episode-6-two-spirited> at 00h:17m:10s.

[9] Ibid Interview of Foy.

[10] Ibid.

[11] Ibid.

[12] Chelsea Kemp, “Pride parade grand marshal touted as role model,” Brandon Sun (17 June 2019), online: <brandonsun.com/local/pride-parade-grand-marshal-touted-as-role-model-511383831.html>.

[13] CBC Arts, “Prairie Sky, Winnipeg” (6 April 2018), online: CBC Gem <cbc.ca/arts/a-lady-who-loves-gowns-but-talks-like-a-trucker-meet-winnipeg-drag-queen-prairie-sky-1.4606920> at 00h:03m:08s.

[14] Interview of Foy supra note 2.

[15] Supra note 13.

[16] Ibid.

[17] Ibid.

[18] Ibid.

[19] Ibid.

Indigenous Leadership in Labour Unions: Profile of Audrey Barr

Tansi Nîtôtemtik,

“Leadership can be quiet, it can be loud, it can be in your face, it can be subversive, it really depends on what kind of leadership is needed. I don’t know that it needs to look one way all the time, it needs to look many ways all the time.” – Audrey Barr

Today, we highlight Audrey Barr, the Alberta Education Representative for the Canadian Union of Public Employees [CUPE]. In her work, Audrey plans and facilitates education workshops for CUPE members across Alberta. Workshops include bread-and-butter labour issues, such as “How to Represent a Member” or “How to Write a Grievance,” but they also contain cultural components. She engages in activism on behalf of equity seeking groups and proudly brings her Aboriginal identity into her work with CUPE.

Background: Labour Unions and Indigenous Peoples

Historically, there has been a strained relationship between labour unions and Indigenous Peoples. Across Turtle Island there were simultaneous efforts to push Indigenous Peoples away from waged work when a sufficient number of settlers became available to fill positions.^[1] Most unions, from their formation until very recently were “skeptical of racial minority members and women, regarding them as threatening to higher wages, job security and union solidarity.”^[2] However, Canadian unions have been making efforts to change colonial practices, including: providing internal education on Indigenous issues and engaging with Indigenous communities.^[3]

Audrey Barr: Aboriginal Leadership in the Labour Movement

Audrey Barr has witnessed the struggles and opportunities that labour unions have in engaging with Indigenous Peoples.

Audrey identifies as an Aboriginal woman and traces her lineage to the Peepeekisis Band, Cree Nation on Treaty 4 land.^[4] She was taken from her community at a young age during the Sixties Scoop, but “was adopted into a loving and wonderful family” that included two other Indigenous children and three white children.^[5]

Audrey is a trained teacher. She became involved with her CUPE Local when she was working as a First Nations Student Advocate in Kelowna, British Columbia; she began working for CUPE in 2005 after a number of “femtors” (female mentors) convinced her to apply because “they saw the value in having people from equity seeking groups being on staff.”^[6] She acknowledges that Indigenous union materials are more common than when she started with CUPE; however, she does not believe that there is adequate Indigenous representation in the labour movement.

In labour leadership, few positions are occupied by Indigenous Peoples, and according to Audrey, positions that are created feel like “tokenism.”^[7] While she acknowledges that creating space for Indigenous Peoples in leadership positions was intended as inclusivity, in practice it had “no real ability to make change in an organization which was built on colonization.”^[8] However, she is quick to point out that colonialism is endemic in Canada, and that it is not just labour organizations that do not properly value Indigenous culture.

Audrey does believe that labour organizations have had some success in highlighting Indigenous issues. She says that she “loves the work” that she does, because she has witnessed moments where union members understand equity, privilege, and the impact of workplace dynamics in ways that they did not understand before.^[9] She believes that the CUPE education modules, which integrate equity issues in every course, are an important resource to “get the mainstream to have these conversations on an ongoing basis.”^[10]

Audrey has also attempted to build-up members of equity seeking groups throughout her career. When she is training new member workshop facilitators, she tries to find “equity members to take the training because they can give their perspective… they bring another level of understanding and knowledge.”^[11] Opportunities for Indigenous people to network and advance in the labour movement, such as CUPE’s National Aboriginal Committee, also exist.^[12]

She believes that for the labour movement to better work with Indigenous Peoples they should engage and “try to have conversations to find out what [Indigenous] people need from the union.”^[13] Other steps include meeting the Truth and Reconciliation Commission’s Calls to Action, including Indigenous Peoples in labour’s strategic plan, finding more Indigenous members to be involved locally, and finding more Indigenous staff members.

When Audrey performs her work, she is informed by her background. She states: “As an Aboriginal woman, I bring that perspective to everything [that] I teach. I can’t erase it; it just becomes part of my work. That is who I am.”^[14]

Until next time,

Team ReconciliAction YEG

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[1] Lynne Fernandez & Jim Silver, Indigenous People, Wage Labour and Trade Unions: The Historical Experience in Canada, Canadian Centre for Policy Alternatives, 2018 at 3-6 [Fernandez & Silver].

[2] Gerland Hunt & David Rayside, “Labor Union Response to Diversity in Canada and the United States” (2000) 39:3 Industrial Relations 401 at 402.

[3] Fernandez & Silver supra note 1 at 9-11.

[4] Interview of Audrey Barr (3 February 2020).

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Ibid.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] Ibid.

An Introduction to Indigenous Leadership

Image retrieved from CBC News <newsinteractives.cbc.ca/longform/powwow>

Tansi Nîtôtemtik,

Effective governance requires effective leadership. Leadership is a vague term that can have as many meanings as there are people to utter it. In turn, many different types of people can be leaders. Indigenous Peoples across Turtle Island exhibit leadership in their communities and beyond and have done so for thousands of years.

Prior to colonization “leadership in Indigenous communities was based on the character of the land and the needs of the people in their traditional territories.”[1] While traditional ways of knowing continue to influence the leadership of Indigenous Peoples, it would be unfair to say that there is one singular Indigenous leadership “style.” Indigenous people are trailblazers in the arts, sciences, academia, business, and in other domains – they can be leaders in traditional ways or in colonial organizations. However, contemporary forms of leadership often require Indigenous people to “walk between two worlds” – the Indigenous and the colonial.[2] It can be very valuable to hear these unique perspectives.

Over the next the three days, Team ReconciliAction YEG will highlight a few diverse Indigenous people who have been innovators in their communities, in their work, and in their activism. We hope to gain perspective on their lives, their experiences, and their leadership.

The recent emphasis on the importance of Indigenous leadership is evident in the availability of novel training programs. For example, the Banff Centre for Arts and Creativity offers Indigenous Leadership Programs to “deliver sustainable and positive impacts… [in ways that] are compatible with [Indigenous] cultures and traditions.”[3] Programs include “Indigenous Business and Economic Development,” “Indigenous Strategic Planning,” “Governance for Indigenous Councils and Boards” and others.[4]

Media attention is also being placed on Indigenous leaders. In the Unreserved podcast, host Rosanna Deerchild speaks with author Cherie Dimaline; Amazing Race: Canada winners James Makokis and Anthony Johnson; newly elected Member of Parliament Mumilaaq Qaqqaq’ and First Nations Child and Family Caring Society Executive Director Cindy Blackstock.[5] Highlighting the podcast’s “Class of 2019,” the segment emphasizes the accomplishments of these Indigenous leaders. Further, in 2017 CBC News launched the “I am Indigenous” project, which highlights people who are “trailblazers, innovators, leaders and deeply proud to be Indigenous.”[6]

Thus, Indigenous leaders are present in all corners of this country. We look forward to providing a few of their stories over the next few days.

Until next time,

Team ReconciliAction YEG

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[1] Carolyn Kenny, “Liberating Leadership Theory” in Carolyn Kenny & Tina Ngaroimata, eds, Living Indigenous Leadership: Native Narratives on Building Strong Communities (Vancouver: UBC Press, 2012) at 1.

[2] Ibid at 4.

[3] Banff Centre for Arts and Creativity, “Indigenous Leadership,” online: <banffcentre.ca/indigenous-leadership>.

[4] Ibid.

[5] CBC Radio, “Advocates, authors and Amazing Racers, Meet Unreserved’s Class of 2019” (16 December 2019), Unreserved, online (podcast): <cbc.ca/radio/unreserved/advocates-authors-and-amazing-racers-meet-unreserved-s-class-of-2019-1.5394248>.

[6] CBC News, “I am Indigenous,” (last visited 26 February 2020) online: <cbc.ca/news2/interactives/i-am-indigenous-2017/>.

Reflection Post - Nîpawistamâsowin: We Will Stand Up

Image retrieved from: IMDb <https://www.imdb.com/title/tt10238816/>

Tansi Nîtôtemtik,

“We are here to advocate for tools for significant changes to address the systemic racism embedded in Canada’s legal systems” – Jade Tootoosis[1]

On February 27^th, the Indigenous Law Students Association (ILSA) screened Nîpawistamâsowin: We Will Stand Up, a documentary highlighting the Colten Boushie trial and the impact the trial had on Colten’s family. The movie was screened in advance of ILSA’s Speaker Series: Justice-Injustice, which commences today.

Indigenous Law Students Association 2020 Speaker Series: Justice – Injustice

Join ILSA, Jade Tootoosis, and Tasha Hubbard for a panel discussion on Nîpawistamâsowin: We Will Stand Up today at noon in McLennan Ross Hall (Law Centre 231/237) at the University of Alberta.

ILSA is hosting events over the lunch hour all week. The events include:

• Monday, March 2 @ 12-1:30pm - A panel with Jade Tootoosis and Tasha Hubbard on the film Nîpawistamâsowin: We Will Stand Up. Dr. Hadley Friedland will discuss jury selection and the R v Stanley trial, as well as the film.
• Tuesday, March 3 @ 12-1:30pm - The Honourable Leonard S. Mandamin on the criminal justice system.
• Wednesday, March 4 @ 12-1:30pm - Tamara Chomyc, Court Program Assistant and Project Facilitator at the Elizabeth Fry Society of Edmonton, on healing lodges.
• Thursday, March 5 @ 12-1:30pm - The Institute for the Advancement of Aboriginal Women on the Missing & Murdered Indigenous Women Inquiry.
• Friday, March 6 @ 12-1:30pm - Senator Patti Laboucane-Benson discussing her graphic novel, The Outside Circle.

To learn more, please visit the Facebook event here.

Nîpawistamâsowin: We Will Stand Up Reflection

Nîpawistamâsowin: We Will Stand Up is a documentary that highlights the impact that the justice system has on Indigenous communities. Specifically, the film showcases the experience of Colten Boushie’s family during the trial for his death.

Colten Boushie was a 22 year old Indigenous man who was fatally shot by Gerald Stanley on August 9, 2016 while out with friends.[2] Gerald Stanley was ultimately acquitted for the shooting.[3] The film covers what occurred during the trial and the racism that was present throughout. One of the notable elements of the trial was that Gerald Stanley was tried by an all-white jury.[4] It was noted in the film that there were a handful of Indigenous people who were called for the jury but were ultimately not chosen.[5] Further, the film highlighted that defence counsel relied on a number of Indigenous stereotypes while presenting their case. One example of this was that defence counsel highlighted that Stanley was a “hard working man,” and it was suggested in the film that this was to be contrasted with the stereotype that Indigenous people are not hard working.[6] Throughout the film, online comments were shared that expressed hatred toward Colten, his family, and Indigenous Peoples. Colten’s family directly received hate mail about the incident.[7] Two things were clear from this: first, many people held racist perspectives on the incident, and second, Colten’s family, those grieving his loss, were the ones to bear the burden of that racism. Colten’s family took their concerns with the Canadian justice system to Ottawa, where they met with a number of different members of the federal government.[8] The family met with Justin Trudeau and have since expressed their disappointment with the lack of follow up action from that meeting. Jade Tootoosis has stated: “my family will be holding [Justin Trudeau] to account to his words.”[9] Colten’s family has continued their fight for justice for Colten and for reform to the legal system.

I found watching this film to be quite emotional. You cannot help but hurt with Colten’s family while watching it. As a law student, I want to be able to stand by our justice system and be proud that it serves our communities well, but that is not what happened in this case and is not what happens in other cases involving Indigenous people and communities. The injustice and racism felt by Colten’s family throughout the trial process is not only unfair to them, but it is unfair to all Canadians who deserve to be treated equally under the law. I would highly encourage you to watch Nîpawistamâsowin: We Will Stand Up to learn more about this story and understand the impact of racism in the justice system. I also highly encourage you to attend the ILSA Speaker Series this week to learn more about injustice in our legal system.

Until next time,

Team ReconciliAction YEG

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[1] Brett Forester, “‘Holding him to account for his words’: Colten Boushie’s family meets with Justin Trudeau”, APTN News (26 February 2020), online: <https://aptnnews.ca/2020/02/26/holding-him-to-account-for-his-words-colten-boushies-family-meets-with-justin-trudeau/>.

[2] Tasha Hubbard, “Nîpawistamâsowin: We Will Stand Up,” Film (2019), online: <https://www.nfb.ca/film/nipawistamasowin-we-will-stand-up/>.  

[3] Ibid.  

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Supra, note 1.