(Image Credit: Indigenous Bar Association Twitter, October 8, 2020)
Tansi Nîtôtemtik,
Last Friday, the ReconciliAction YEG team had the privilege of attending the first days of the 32nd Annual Indigenous Bar Association (IBA) Conference. This year, the Conference is being held virtually on October 8-9 and 23rd. This year’s Conference is titled: “DISRUPTED SYSTEMS: Justice for Indigenous Peoples, Black Community Alliances, and the Global Pandemic as Catalyst for Lasting Change.” As always, the IBA has put together an amazing program with thought-provoking topics and inspiring stories.
This week we will be taking a short break from our review of the TRC to reflect on the Conference. But first, we are sending a huge congratulations to ReconciliAction YEG team member Anita Cardinal-Stewart on her election to the National Indigenous Law Students Association (NILSA) as Vice President First Nations and as a Student Representative on the IBA Board! We are so excited to see the great things you will achieve in your new roles!
The presentation we are reflecting on today is “Royal Commissions, Inquiries and Inquests”, where a panel discussed Royal Commissions, Inquiries and Inquests, and how to make these proceedings can be used to make positive change for Indigenous peoples. The panel discussion was moderated by Alexandria (Ajay) Winterburn, and featured Kent Roach, Dr. Kim Stanton and Jonathan Rudin. In her introduction, Ajay Winterburn made a powerful statement: ”Indigenous people have been studied to death...in fact, they have been studied beyond death.” This comment captures the frustration associated with being studied so many times, yet being given so little in terms of resources or practical solutions that would actually change the systemic biases that continue to impact Indigenous peoples.
Royal Commissions and Inquiries
A Royal Commission and Commission of Inquiry are very similar. They are both official inquiries into matters of public concern and national importance appointed by the Governor in Council. Commission findings must be reported to the Cabinet. Generally, Royal Commissions have a broader scope than Commissions of Inquiry, and generate more hearings, reports and research.[1]
Dr. Stanton shared about her experiences with the Ghanian National Reconciliation [2] Commission in 2004, and talked about how she wondered why the Canadian government took so long to undertake a similar investigation. As Canada works through the TRC Calls to Action, it is important to remember its delay in making commitments towards reconciliation and the resulting need for urgency.
Inquests
An inquest is a public hearing conducted by a coroner that is heard by either a judge or jury of community members. Inquests are governed by provincial law, so the format depends on the province it is held in. The purpose of an inquest is to learn about the circumstances of a death. The findings of the inquiry will result in recommendations to prevent further deaths.[3]
The panel noted that there has been no inquest into the death of Colten Boushie, despite the exceptional circumstances of his death.[4] The reticence of Saskatchewan’s government to conduct an inquest reflects a lack of desire to change the practices that resulted in the tragic loss of yet another young Indigenous person.[5]
Overall, the insights of the panel left us with a lot of new information and a new perspective on the use and purpose of commissions and inquests as a tool for change. Join us tomorrow as we continue our reflection!
Until next time,
Team ReconciliAction YEG
1University of British Columbia Library, “Government Publications: Canada” (Mar 23, 2020) online: <guides.library.ubc.ca/c.php?g=307049&p=2051354#:~:text=Royal%20Commissions%20and%20Commissions%20of,into%20matters%20of%20national%20concern.&text=Royal%20Commissions%20are%20appointed%20under,otherwise%20independent%20of%20government%20influence.>.
2United States Institute of Peace, “Truth Commission: Ghana” (Jan 14, 2003) online: <usip.org/publications/2003/01/truth-commission-ghana>.
3Ontario Ministry of the Solicitor General, “Death Investigations” (March 1, 2019) online: <mcscs.jus.gov.on.ca/english/DeathInvestigations/Inquests/AidToInquests.html#:~:text=An%20inquest%20is%20a%20public,the%20circumstances%20of%20a%20death.&text=The%20Chief%20Coroner's%20Rules%20of%20Procedure%20for%20Inquests%20is%20available,.inquiries%40ontario.ca>.
4Colten Boushie was a 22-year-old Cree man that was killed in 2016. For more information, click this link: https://www.nfb.ca/film/nipawistamasowin-we-will-stand-up/.
5See Stephanie Taylor, “One year after verdict, Colten Boushie's mom says 'time did not heal'” (Feb 9, 2019) CTV News, online: <ctvnews.ca/canada/one-year-after-verdict-colten-boushie-s-mom-says-time-did-not-heal-1.428818>.
