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Investing in Indigenous Infrastructure

Investing in Indigenous Infrastructure

Tansi Nîtôtemtik,

Last week, the Canada Infrastructure Bank announced the launch of an Indigenous Community Infrastructure Initiative (ICII) aimed to reduce the infrastructure gap between Indigenous and non-Indigenous communities and accelerate investment in Indigenous communities. ^[1] Currently, it is estimated that this infrastructure gap is between $25 billion and $30 billion.^[2] 

While this news is certainly promising, especially considering the dire need for basic infrastructure like access to clean drinking water on so many reserves, (see this post and this post) let’s break down what this announcement means. 

(Photo Credit: The Star Edmonton (Nov 13, 2016)- Samples of drinking water from North Caribou (Weagamow) Lake First Nation)

The Canada Infrastructure Bank (CIB) is a crown corporation whose purpose is to invest federal funding into different infrastructure projects that generate revenue, serve the public interest, and attract private capital.^[3] This February, the CIB set a target to invest at least $1 billion in revenue-generating projects that benefit Indigenous peoples, and the recent funding announcement is a promising step towards this goal. ^[4]

Historically, Indigenous communities have faced challenges with getting capital needed to finance infrastructure projects due to a lack of funding for down payments. ^[5] In addition, once financing is secured, Indigenous communities and businesses experience fluctuating interest rates, long processing wait-times, unfavourable loan conditions, and complex funding requirements.^[6]The result of these inequities is that Indigenous-led projects to create community infrastructure are often costly and difficult to execute.

The CIB has announced that the ICII will provide low-interest and long-term financing through loans of at least $5 million for up to 80% of total project capital cost. However, the funding will only be provided for revenue-generating products within the CIB priority sectors: green infrastructure, clean power, broadband, public transit and trade and transportation. ^[7] 

For Indigenous sovereignty to truly be recognized, Indigenous communities must be given the opportunity to decide what infrastructure is needed and how to implement these projects. It remains to be seen what types of projects are given funding and whether the funding continues. 

Taking a step back, a $1 billion dollar commitment towards the $25-$30 million dollar infrastructure gap is a drop in the bucket. However, the announcement of funding from the CIB to reach this goal is a step in the right direction. 

Thanks for reading!

Until next time,

 

Team ReconciliAction YEG

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¹Canada Infrastructure Bank, “The Canada Infrastructure Bank launches its Indigenous Community Infrastructure Initiative to accelerate new investment and reduce the infrastructure gap” (19 Mar 2021) online: <cib-bic.ca/en/the-canada-infrastructure-bank-launches-its-indigenous-community-infrastructure-initiative-to-accelerate-new-investment-and-reduce-the-infrastructure-gap/>. [CIB Announcement]

²Olivia Stefanovich, “Canada Infrastructure Bank set to launch $1B initiative for Indigenous community projects” (19 Mar 2021) online: CBC News <cbc.ca/news/politics/indigenous-infrastructure-fund-1.5955719>. 

³Canada Infrastructure Bank, “About us”, online:<cib-bic.ca/en/about-us/>.

⁴Ibid.

⁵CIB Announcement, supra note 1.

⁶Wendy Stueck, “Infrastructure Bank urged to help Indigenous groups take equity stakes in resource projects” (17 Mar 2021) online: The Globe and Mail <theglobeandmail.com/business/article-infrastructure-bank-urged-to-help-indigenous-groups-take-equity-stakes/>.

⁷Canada’s Public Policy Forum, “Improving access to capital for Canada’s First Nation communities” (Ottawa: 2016) online (pdf): <ppforum.ca/wp-content/uploads/2018/03/First-Nation_March-8.pdf> at 11. 

Anita’s Year End Reflection

Tansi Nîtôtemtik,

I have had the immense pleasure of working on this blog with 4 other amazingly talented and caring people who I am sure will go on to do great things and they have made this a memorable experience premised on support and understanding. Delving into the Truth and Reconciliation Commissions Calls to Actions each week has been a journey resulting in very polarizing emotions for me as a First Nations Nehiyaw Iskwew (Cree woman). Our group was not afraid to tackle the hard topics and questions and I am very proud of what we have accomplished. Our efforts have brought awareness and been an advocate for the implementation of the TRC Calls to Action.

The issues have hit close to home for me especially because of my lived experience and the frustrations with the lack of action on so many of the Calls have been hard to reconcile with. Week after week, day after day there was one disappointment after another but yet when there was movement on a Call it was a thing to be celebrated and we did. So, while I am very grateful for this experience to learn and write on the TRC -- 5 years later. I find myself angry and sad and even more determined to be a part of the voices that demand change. To date, only 9 of the 94 Calls to Action have been completed. Nine. After 5 years with incremental movements on the others and none on way to many.

The TRC’s goal was to redress the intergenerational legacy and the ongoing impact of residential schools on survivors and their families. I wish we could have seen a better outcome by now but my hope in this is not lost. One of the routes to Reconciliation will be through education and we must all do our part when called upon, this blog, this year and this topic has been a unique chance as a law student to do that. For that I am grateful. Canada and its provinces have an urgent duty to the education and implementation of the TRC and it is failing. Alberta’s current government is a prime example of its failure to adequately do so with its new “draft curriculum”, which some argue perpetuates rather than addressing systemic racism, I would agree.

Thank you for being a part of this journey, and I truly hope you join ReconciliAction next year!

Sincerely,

Anita

Tamya's Year-End Reflection

Tansi!

It is hard to believe that the school year is drawing to a close and that this is my last post on the blog. The past year has certainly been one that will stay in our memories forever. Although the coronavirus pandemic has been extremely difficult, it has also showcased the resilience and strength of so many. 

As I reflect on this past year and what I’ve learned, a few thoughts come to mind. Firstly, if our evaluation of the Truth and Reconciliation Commission (TRC) Calls to Action reflect where Canada is at with reconciliation, then we have made minimal progress. Some initiatives, like funding Indigenous infrastructure show small steps forward, but ultimately reconciliation simply hasn’t taken priority in Canada. 

(Photo Credit: BBC News, https://www.bbc.com/news/world-us-canada-35105339 Senator Murray Sinclair at the release of the TRC Report, 2015)

So, where do we go from here? Canada truly needs to “walk the walk”. There have been so many reports, committees and conferences discussing how Indigenous peoples continue to be discriminated against in economic policies, criminal justice and child welfare to name a few; but our institutions continue to respond with inaction. As noted by my colleague yesterday, when action is taken, the reasons are political rather than being grounded in a recognition of inherent rights. 

Secondly, I find hope in the increasing recognition of Indigenous self-government. For so long, Indigenous peoples have been treated like a “problem” that needs to be solved. After years of ineffective and racist policies, there appears to be a slow move towards placing power back into the hands of Indigenous communities. 

However, this is not without conflict. Questions like those raised in Dickson v Vuntut Gwitchin First Nation, 2020 YKSC 22 demonstrate the complexity in applying multiple frameworks to determine individual rights. Further, without adequate resources, self-governed institutions are being set up to fail. We must capitalize on the opportunity to work in partnership with Indigenous communities and build robust frameworks that allow them to thrive.

Lastly, I am so grateful to have been a part of this project! Learning about a different Call to Action every week has taught me so much about reconciliation and working on this team has been nothing short of wonderful. Thank you for following along with us, and I truly hope you tune in next year!

Sincerely,

Tamya

Colonial Métis and Self Indigenization

(Artwork: "The Earth is My Governement" (2018) by Christi Belcourt)

Tawnshi kiya mataen,

Since the official acknowledgement of Métis as section 35 rights holder in the Constitution, there has been a rise in claims to Métis ancestry and nationhood.  People find Indigenous ancestry in their family tree and declare “aha! I am Métis!” Métis identity frequently gets treated as though it arises through European and Indigenous mixed ancestry, which has led to self identified Métis Nations across Canada making claim to Métis identity. However, as Adam Gaudry pointedly notes, race mixing in other forms has rarely led to the formation of a distinct culture.[1] Thus, it is not mere mixed ancestry that formed the Métis, but something more.

Métis Identity

The Métis identity is linked to a unique and collective origin story, it is premised on a shared set of laws and governance that stem from the geographical resource availability, and the languages and norms present in the place where Métis communities first became established.[2]   Gaudry points out that the development of the Métis as a distinct community, did not occur because of race mixing but rather was a choice made by historical Métis to build a community and develop laws and systems for that community.[3]  This development was inherently prairie centered, dependant on large herds of buffalo and regional proximity with Cree speakers. 

Of course, the Métis of the late 1800’s and early 1900’s were painted by Canada as inferior, as traitors and extremist rebels.  During this time the Métis suffered the loss of many great leaders, and forced displacement through Scrip. This is where Métis identity can get tricky.

Disrupted Connections

As the Métis dispersed, new communities were established in other locations.  Other Métis became “hidden”, choosing to integrate into non-Métis communities or even deny their Métis identity.  There are many Métis today who have been raised in communities under these same legal orders, and who have never lost touch with the collective set of experiences that initially made the Métis into a distinct people.  But there are others who were lost.  Stripped of their history and identity by colonial assimilation forces, bullied into hiding, victims of stolen culture.  Where do the descendants of the assimilated fit in with Métis identity?

Contemporary Métis Nations are cognizant of the disruption in continuity of many Métis people and welcome reconnection of disconnected kin.  This reconnection is more than just uncovering a genealogical link, it is a return to the Métis community.  Identifying as Métis is reciprocal, and requires a person to be claimed by a community just as much as it requires a person to claim that they belong.  Métis identity cannot exist without Métis citizenship, without belonging to a community that claims you.

Métis Colonialism

Today, we see multiple organizations across Canada claiming status as Métis Nations, but relying on early mixed race marriages rather than the intentional development of a distinct people as the basis for this claim.  In particular, this has been a problem with “Eastern Métis” where Indigenous ancestry can certainly be found, but the distinctive legal orders and kinship structures are absent. 

Intermarriage between Indigenous and European people occurred anywhere that there were both Indigenous and European people.  The primary issue with “Eastern Métis” is that there is no evidence to support that these historical intermarriages led to those people self-identifying as a distinct culture.[4]  Moreso, the term “Métis” was externally applied to these people by Europeans to denote the mixed ancestry or “half-breed” status.  A more critical issue, is that “Eastern Métis” have made repeated attempts to claim rights under Section 35 of the Constitution to the detriment of the existing Indigenous Nations of those territories which, curiously, are the same communities these “Eastern Métis” claim to be a part of.[5] 

Most recently, the question of whether the Métis have rights west of the Rocky Mountains arose, when the Métis Nation of British Columbia (separate from the BC Métis Federation) made claim to land and hunting rights on the same lands as the Secwepemc traditional territory.  There is no dispute as to whether there are Métis people west of the Rocky Mountains, however, these Métis arrived in British Columbia as settlers, and have no claim to the territory there simply because they are an Indigenous people who live on that land.[6]

This type of infringement upon the rights of First Nations is inherently colonial in nature.  Métis identity and the prosperity of the Métis as an Indigenous people cannot, as Stephen Mussell succinctly stated, come at the expense of First Nations.[7]

Supplemental Reading

Colonial claims to identity are a very large topic, that this post simply cannot cover in one of the final posts of the year.  If you are interested in learning more about Métis origins and false claims to nationhood, we would encourage you to read Distorted Descent: White Claims to Indigenous Identity by Darryl Leroux

Stay tuned for our final substantive post tomorrow, before we each reflect on our year with ReconciliAction YEG

Until Next Time,

ReconciliAction YEG

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[1] Adam Gaudry, “Métis Are a People, Not a Historical Process”, online: The Canadian Encyclopedia <http://thecanadianencyclopedia.ca/en/article/Métis-are-a-people-not-a-historical-process>.

[2] Ibid.

[3] Ibid.

[4] Adam Gaudry & Darryl Leroux, “White Settler Revisionism and Making Métis Everywhere: The Evocation of Métissage in Quebec and Nova Scotia” (2017) 3:1 Critical Ethnic Studies 116, online: <http://www.jstor.org/stable/10.5749/jcritethnstud.3.1.0116>.

[5] Ibid.

[6] “Do Métis have Rights in British Columbia? Let our Métis People be heard in a Good Way”, (22 October 2020), online: Yellowhead Institute <https://yellowheadinstitute.org/2020/10/22/do-Métis-have-rights-in-british-columbia-let-our-Métis-people-be-heard-in-a-good-way/>.

[7] Ibid.

Re: Remembering and Honouring Justice Beverley Browne

Tansi Nîtôtemtik,

Today we celebrate the extraordinary life of Beverley Browne, first Chief Justice of  Nunavut, Canada's largest and youngest territory. Justice Browne served in this role for 10 years, with an overall contribution to Nunavut’s justice system that spanned over 2 decades. Sadly, she passed away at the age of 68, last Wednesday, March 24 peacefully, surrounded by her family.

Browne became a judge in the Northwest Territories in 1990 and was appointed Chief Justice of Nunavut in 1999--the same year that Nunavut was founded. She was responsible for building Nunavut's justice system and played a key role in establishing Canada's only single-level trial court. This was an incredible and important feat because Nunavut’s unique system enables justice to be provided to the area’s remote communities. Justice Browne’s continued advocacy also led to her co-founding the Akitsiraq Law School to train Inuit lawyers in Nunavut.

In 2009, Justice Browne made the decision to leave Nunavut for Alberta, where she served on the Court of Queen's Bench and helped create Alberta's Gladue and Restorative Justice committees. ^[1] She continued to serve not only as a deputy judge in Nunavut but also led meetings aimed at revitalizing the elder’s program in the Nunavut Court of Justice up until her retirement earlier this year. ^[2]

In 2017, Browne was one of the people who helped come up with the idea of Indigenous Career Day at the Edmonton Law Courts, while working on a committee striving to improve the quality of Gladue Reports. Gladue Reports provide essential information for judges to consider in their sentencing deliberations for Aboriginal offenders.^[3] 

“Aboriginal issues are near and dear to my heart. I have always believed that if you are not part of the solution, then you are part of the problem,” said Justice Browne, who described the creation of Indigenous Career Day as a concrete response to the Truth and Reconciliation Commission of Canada’s Calls to Action.^[4]

Last November, Justice Browne was honoured at a ceremony in Alberta held by Cree elders, who gave her the spirit name “Woman Standing with the Law.” This was a  great honour and testament to her commitment and dedication to justice and access to justice.^[5]

In addition to Justice Browne’s many impactful achievements, her personal accomplishments included raising her children and creating music. She played the saxophone and flute. In 1996, Justice Browne founded the Iqaluit Music Society, which was recently awarded the $1-million Arctic Inspiration Prize. 

The legacy of Justice Browne is one of enormous respect in the legal community-- a friend, mentor and colleague, she will live on in the hearts of the people she touched--which are many in the communities she fought for. Justice Browne’s impressive career and courage will stand as a reminder that when we fight for what we believe in, anything is possible.

Thank you for reading, Until next time,

Team ReconciliAction YEG

 

[1] 'Inspirational:' First chief justice of Nunavut, Beverley Browne, dies at age 68 - PrinceGeorgeMatters.com

[2] Justice Beverley Browne remembered as ‘gold standard’ for judges | Nunatsiaq News

[3] News & Announcements (albertacourts.ca)

[4] Ibid

[5] Supra Note 2 Ibid

Birth Alerts

Tansi Nîtôtemtik,

Lately there has been a lot of media coverage of a deeply problematic practice that serves to increase the number of Indigenous children involved in the child welfare system and actively discriminates against Indigenous families: birth alerts. However, birth alerts aren’t new--they’ve existed for years. Today we will discuss what they are, and why they’re so problematic.

(Photo credit: Indiginews, https://indiginews.com/vancouver-island/birth-alerts Reporter Anna McKenzie and her daughter, photograph by Captured Memories Photography)

Birth alerts are used when a newborn is born to a parent that has been assessed as ‘high risk’, to notify hospitals and other child and family services (CFS) agencies that further assessment is required before the newborn can go home with their family. ^[1] Birth alerts often contain personal information of expectant parents without consent, obtained and sent by social workers to hospitals. Hospital staff then inform CFS when the baby is born. ^[2]

It is not surprising in the context of widespread discrimination against Indigenous peoples in the healthcare system, that birth alerts are used disproportionately for Indigenous mothers. According to government records, 28% of birth alerts resulted in infants being apprehended from their families and 58% of families subjected to birth alerts in B.C in 2018 were Indigenous.^[3] In addition, Cindy Blackstock notes that there is no evidence supporting the effectiveness of birth alerts. ^[4]

Increased attention to birth alerts was triggered in part by the National Inquiry on Missing and Murdered Indigenous Women and Girls (MMIWG) Final Report, released in 2019. As one Director of the Ontario Children’s Aid Society notes:

Before the National Inquiry into Missing and Murdered Indigenous Women and Girls, we didn’t really look at the practice critically. We never reflected on its long-term impact on the infant or their mother, or that the other components of the baby’s safety, for example their emotional, spiritual, and intellectual safety, were compromised in those situations. We also didn’t consider how the practice was inequitable, and led to overrepresentation of Indigenous, Black, and other marginalized communities in the child welfare system.^[5]

Many provinces have responded to demands to end the practice of birth alerts by stopping their use and implementing voluntary prenatal intervention and planning instead. However, this is not the case across Canada.^[6]  

The following chart shows where birth alerts are still used: ^[7]

It is extremely disappointing to see that the practice of birth alerts continues in so many Canadian provinces; especially when there is so much information about how profound the negative impact of the child welfare system is on Indigenous families. Team ReconciliAction is hopeful that this harmful and discriminatory practice will be removed from all provinces, and replaced with programs that don’t victimized Indigenous families but instead empower them. That is the only way we can move forward with true reconciliation.

 

Thanks for reading! 

 

Until next time,

 

Team ReconciliAction YEG

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¹Government of Manitoba, “End of Birth Alert Practice” (2020) online:<www.gov.mb.ca/fs/childfam/end-birth-alerts.html>.

²Anna McKenzie, “Birth alerts banned in B.C., but trust still a barrier for Indigenous parents” (11 Feb 2021) online: The Discourse <thediscourse.ca/vancouver-island/birth-alerts-banned-in-b-c-but-trust-still-a-barrier-for-indigenous-parents>.

³Ibid. 

⁴Tessa Vikander & Bayleigh Marelj, “Several Canadian provinces still issue birth alerts, deemed ‘unconstitutional and illegal’  in B.C.” (Jan 15, 2021) online: APTN News <www.aptnnews.ca/national-news/provinces-continue-birth-alerts/>. [Birth Alerts, APTN]

⁵Ontario Association of Children’s Aid Societies, “The practice of birth alerts in Ontario is ceasing October 15th. What’s next for child welfare agencies and their approach to working with expectant mothers?” (13 October 2020) online: <www.oacas.org/2020/10/the-practice-of-birth-alerts-in-ontario-is-ceasing-october-15th-whats-next-for-child-welfare-agencies-and-their-approach-to-working-with-expectant-mothers/>

⁶Birth Alerts, APTN, supra note 4.

⁷ Data compiled by Team ReconciliAction from Birth Alerts, APTN, supra note 4.

5 Years After TRC: Is Canada Making the Grade?

Tansi, 

December 2020 marked 5 years since the TRC final report was released with 94 Calls to Action for truth and reconciliation with Indigenous people.  To commemorate this juncture, Team ReconciliAction set out to evaluate progress on each of the Calls to Action in the 5 years since their release. 

It has been quite a year for our team.  In addition to our ongoing report card, we attended the Indigenous Bar Association annual conference, the ILSA speaker series, the Kawaskimhon Moot, the Barton trial, Indigenous language engagement sessions, various faculty talks, we won a Clawbie and we attended protests, marches and vigils.  And we shared all of it with you, our dear audience.  We appreciate all of the engagement we've had this year on the blog and on our social media accounts, and we want to thank everyone who joined the conversation on reconciliation this year.  

Today, we release our final report card, and the culmination of our work over the 2020/21 academic year.  To those who have followed the progress, you have probably figured out that the report card on 5 year progress is bleak.  The few bright spots in reconciliation progress have come at the organizational level, where institutions could quickly work to address the Calls specific to them.  There has been little to no progress on more systemic change that requires governmental action, and in many cases we have actually seen a backslide.  For example, Prime Minister Justin Trudeau has ceased making his emphatic statements that Canada's relationship with Indigenous people is the most important relationship, and here in Alberta we are looking into curriculum changes that exclude education on the legacy of residential schools.  

The takeaway from our report card is that Canada has much work to do, and likely needs to make significant increases to funding and efforts to correct some of these systemic issues in housing, healthcare, the justice system, child welfare and anti-racism.  So what comes next?  Will Canada stop fighting against Indigenous children?  Will Justice Minister David Lametti acknowledge the importance of Indigenous language speakers in this country and allow the bilingual requirement for the SCC to include languages other than colonial ones?  Will communities get clean drinking water?  Will provincial governments denounce racism in education and healthcare?  I mean, we hope so and each of us plans to continue the discussion beyond this blog.

We aren't saying goodbye yet, though.  Stay tuned next week as we get some final thoughts off our chest, and the week after for our individual reflections on the year.  

And now, for those of you who have not already scrolled ahead - The final grade:

Until Next Time,

ReconciliAction YEG

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Re: Call to Action #93 - Immigration and Citizenship

Tansi Nîtôtemtik,

93. We call upon the federal government, in collaboration with the national Aboriginal organizations, to revise the information kit for newcomers to Canada and its citizenship test to reflect a more inclusive history of the diverse Aboriginal peoples of Canada, including information about the Treaties and the history of residential schools.^[1]

This Call to Action for the federal government calls for the inclusion of more information about Canada's treaties with indigenous peoples and the history of residential schools in the Canadian citizenship test to create an understanding of our history within new citizens and combat racism and discrimination.

Many immigrants are not aware or educated on the complex history of Indigenous People and the challenges they have faced (and still face) when first arriving in Canada. There is a lack of understanding of the years of colonization, policies, residential school system, systemic discrimination, and dispossession that has created devastating effects on Indigenous communities. As a result, many newcomers learn negative and damaging stereotypes about Aboriginal people.^[2]

On December 10, 2019, on International Human Rights Day, the Environics Institute for Survey Research and the Canadian Race Relations Foundation released the Race Relations in Canada 2019 Survey. This study confirms the reality of racism in Canada and found that immigrants quickly picked up such negative stereotypes after immigrating to Canada.^[3] 

So, what do new immigrants learn about First Nations, Metis and Inuit? Upon reviewing the “Study Guide – Discover Canada – The Rights and Responsibilities of Citizenship”, we found the following. In the “Canada’s History” chapter, two small paragraphs show how woefully and sickeningly inadequate a history lesson on Aboriginal people in Canada is:

“The arrival of European traders, missionaries, soldiers and colonists changed the native way of life forever. Large numbers of Aboriginals died of European diseases to which they lacked immunity. However, Aboriginals and Europeans formed strong economic, religious and military bonds in the first 200 years of coexistence which laid the foundations of Canada.”^[4]

In the Chapter “Who we are”, there is a tiny mention of  treaties and one reference to Residential Schools that is almost casually mentioned: 

”Aboriginal and treaty rights are in the Canadian Constitution. Territorial rights were first guaranteed through the Royal Proclamation of 1763 by King George III and established the basis for negotiating treaties with the newcomers— treaties that were not always fully respected. From the 1800s until the 1980s, the federal government placed many Aboriginal children in residential schools to educate and assimilate them into mainstream Canadian culture. The schools were poorly funded and inflicted hardship on the students; some were physically abused. Aboriginal languages and cultural practices were mostly prohibited. In 2008, Ottawa formally apologized to the former students.”^[5]

It is hard to read such a gloss-over of the history and harms of the Residential School era that brought such suffering and intergenerational trauma to the original stewards of the land. Canada must do better in providing a deeper understanding to new immigrants if it truly wants to further reconciliation and help to fight negative stereotypes faced by Aboriginal people. Instead of simply indicating that treaties with Indigenous Canadians "were not always respected", let's talk about why these treaties were not respected and the issues created by not respecting them. That would be a step toward reconciliation and teaching new immigrants how they can be a part of the solution.

A promised overhaul of Canada's citizenship guide remained a work in progress back in May  2019. The government said it was revamping the 68-page Discover Canada document, last updated in 2012, to better reflect diversity and to include more "meaningful content" about the history and rights of Indigenous people and the residential school experience.^[6] But when is this finally going to be done? Almost 2 years have passed since this proposed “revamping”. This delay is unacceptable.

Canada gets an F on Call to Action #93. 

Until Next Time,

Team ReconciliAction

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[1] TRC Calls to Action

[2] The connection between immigrants and Aboriginal people in Canada's mosaic | Canadian Immigrant

[3] Project Details (environicsinstitute.org)

[4] Discover Canada - Canada’s History - Canada.ca

[5] Discover Canada - The Rights and Responsibilities of Citizenship - Study Guide,discover.pdf

[6] Revamped citizenship guide still a work in progress as election nears | CBC News 

Call to Action #92: Corporate Reconciliation

(The Memory (It Will Be OK Mom) by Jim Logan via Joshua Nichols, “The Limits of Meaningful Aboriginal and Treaty Rights”, (27 June 2019), online: Centre for International Governance Innovation <https://www.cigionline.org/articles/limits-meaningful-aboriginal-and-treaty-rights>.)

 

Tansi Nîtôtemtik,

Reconciliation is the responsibility of everyone who shares this land. While many of the TRC Calls to Action have focused on government action and funding, the corporate sector is responsible for a lot of land and resource development, employment and servicing in Canada. Indigenous people managed the land and resources for thousands of years through relationships of interdependence with the earth, animals and other people.  More than a century of colonial development has stripped Indigenous people of access to their traditional lands and most economic development has created further inequities to the detriment of Indigenous communities. Now, as we face a climate crisis in addition to a wealth favoring patriarchal model of capitalism, we have to wonder if the corporate sector can work with Indigenous people and communities to make decisions that improve the current situation and allow for sustainable economic growth as well as the possibility of a future for humankind.

Call to Action #92 calls upon the corporate sector to:

1. commit to meaningful consultation and seek the free and informed consent of Indigenous peoples prior to any economic development projects;
2. ensure equitable access to jobs, education and training and ensure that Indigenous communities gain long-term sustainable benefits from economic development projects;
3. Educate management and staff on the legacy and history of Indigenous people, and on UNDRIP, treaties and Aboriginal rights, Indigenous law, human rights and anti-racism. [1]

For part one of this call, the courts have already downloaded the procedural aspects of the duty to consult onto corporations, and has ensured that consultation involves meaningful two way communication and engagement.[2]  However, it has been made clear that consent is not included in the scope of the duty to consult.[3]  This means that economic development can proceed even when the affected Indigenous groups do not consent, for the benefit of the greater public (ie. Profit).   The exclusion of consent from the duty to consult removes incentive to build strong, meaningful and reciprocal relationships with the true caretakers of the land.   

To address parts two and three of this Call, the Canadian Council for Aboriginal Business has started a certification program for Progressive Aboriginal Relations (PAR).[4]  The level of certification is determined by a panel of Indigenous judges and is meant to signal to communities and vendors that a company is a good business partner, a great place to work, and is committed to prosperity in Indigenous communities. The program relies on independent 3^rd party evaluation of four key drivers.  Companies must demonstrate a clear and cascading commitment to Indigenous relations through their leadership actions, employment initiatives and recruiting activities, business development and relationship building with Indigenous businesses, and through their community engagement.[5]

Much like the growing demand on corporations to roll out green initiatives, there is growing demand for PAR certification as well.  These types of corporate social responsibility indicators are appealing to vendors and could influence better relationship building even in the absence of required consent.

(Photo by Michael Toledano via Amanda Follett Hosgood, “One Year after RCMP Raid, Tensions Rise as Wet’suwet’en Evict Pipeline Company”, (5 January 2020), online: The Tyee <https://thetyee.ca/News/2020/01/05/Year-After-RCMP-Raid-Wetsuweten-New-injunction/>)

There is still much work to do in getting corporations to participate in reconciliation and be actively anti-racist.  The PAR certification is a start, but the blockades and protests during the TransMountain and Coastal GasLink pipeline development in early 2020 are a clear indication of a missing element in corporate-Indigenous relations.  Companies should collaborate with community leaders on environmental preservation and sustainability, and should work to include Indigenous voices in executive level decision making.  The idea that destruction of vulnerable lands is in the greater public interest is short sighted and not only impacts Indigenous communities, but everyone alive today.  

For Call #92, we are assigning a grade of D.

Until Next Time,

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: Truth and Reconciliation Commission of Canada, 2015) at 306.

[2] Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73 [Haida]; Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [TransMountain].

[3] TransMountain, supra note 2; William v British Columbia (Attorney General), 2019 BCCA 74 [William].

[4] “Progressive Aboriginal Relations (PAR)”, online: Candian Council for Aboriginal Busines <https://www.ccab.com/programs/progressive-aboriginal-relations-par/>.

[5] Ibid.

Re: MMIWG2S Movement is taking back Canada

Tansi Nîtôtemtik,

On March 13, 2021 people from across the country united in a nationwide“Take Back Canada”  rally to honour and commemorate the lives of those women who have been murdered or are missing. Families and friends of Missing and Murdered Indigenous Women, Girls and Two-Spirit Individuals  (MMIWG2S) and those wanting to bring awareness participated in various ways such as online forums, socially distanced marches and rallies, or from their homes by hanging a red dress from their windows or on their lawns in solidarity.

Photo Credit: Anita Cardinal-Stewart

The need to bring awareness for MMIWG and the “No More Stolen Sisters” campaign has gained momentum, especially in the last year with the noticeable increase in posts on social media circulating information about women going missing across the province. However, this increased awareness lacks media coverage or timely action from law enforcement in taking reports seriously or investigating those reports. 

Closer to home, the murder of Billy Johnson last December has brought friends, family and community together in the heartbreaking search mission for recovery of her body every weekend for the last month.^[1] Billy Johnson’s older sister Arianne Snakeskin said “we just want to bring her home and we want to bring awareness to the MMIW so that more families don't have to continue to go through this, it’s hard” in a Global News interview. In that same interview, she spoke about how the Edmonton Police Services’ (EPS) response was concerningly slow when her family reported Billy missing and for weeks would not release any information until the person responsible was charged. Further, when the family asked for help to search with a helicopter the EPS said it was too expensive.^[2]

If we want to improve the safety of indigenous women and girls, there must be a concentrated effort to address long-standing inequities on a systemic level in the institutions that hinder those women and their families from getting the kinds of supports they need.

Attendees and participants of the “Take Back Canada” rally call on the federal and provincial governments to take action on the 231 calls for justice made during the national MMIWG inquiry. Standing together in solidarity is a way to bring national attention to these calls for justice and these campaigns, even if it is hanging a red dress in your window or going to a rally, the cause needs all our support to do so.  

The pandemic creates additional challenges and increased situations of violence, which have had a profound effect on the health of women over this past year. It is estimated that one in five indigenous women reported being a victim of violence during the early pandemic months. According to a report ^[3] by the Native Women’s Association of Canada (NWAC), Indigenous women are 3.5 times more likely to experience violence compared to non-Indigenous women. The NWAC Report also found an increase in the number of violent incidents, usually by an intimate partner, and that one in five women reported being a victim of physical or psychological violence during the first three months of the pandemic.^[4]

One of our ReconciliAction team members attended the rally in Edmonton this past weekend to stand as a witness and was very honoured to be apart of the emotional and impactful event. The words of the survivors and loved ones who held signs of those they are remembering must be witnessed, and we at ReconciliAction stand in solidarity with the MMIWG2S and No More Stolen Sisters Movements.

Thank you for reading. 

Until next time,

Team ReconciliAction

 

[1] https://globalnews.ca/news/7638333/edmonton-missing-woman-billie-johnson-search/amp/

[2] Ibid

[3] https://www.nwac.ca/wp-content/uploads/2015/05/Fact_Sheet_Violence_Against_Aboriginal_Women.pdf

[4] Violence against Indigenous women up during early days of pandemic (aptnnews.ca)

The Independent Assessment Process (IAP) Final Report

Tansi Nîtôtemtik,

Last week the release of the Independent Assessment Process (IAP) Final Report marked an important step in the reconciliation process. But before we get too far into the report findings, let's take a step back and talk about the function of the IAP.

Independent Assessment Process (IAP)

In 2007, the implementation of the Indian Residential Schools Settlement Agreement (IRSSA) began. IRSSA was the culmination of collaborative efforts from legal counsel for former students, legal counsel for the Churches, the Assembly of First Nations, other Indigenous organizations and the Government of Canada, with the ultimate goal of bringing “a fair and lasting resolution to the legacy of Indian Residential Schools.” ^[1]   One of the five main elements of IRSSA was an Independent Assessment Process (IAP) for claims of sexual or serious physical abuse. ^[2] The IAP was set up as a non-adversarial process where victims shared their residential school experiences in private with neutral adjudicators. These adjudicators would then determine if the claim was allowed, and apply a predetermined formula to decide on compensation (as set out in the Settlement Agreement). ^[3]   

Three categories of claims were allowed under the IAP, as follows:

1. Sexual and physical assaults, as particularized in the IAP, which were committed by an adult employee of the residential school or another adult who was lawfully on the premises.
2. Sexual or physical assaults, as particularized in the IAP, committed by one student against another at residential school, in which case staff knew or should have known about the abuse; or, in serious sexual abuse cases, where reasonable supervision standards were not in place.
3. Any other wrongful act or acts committed by an adult employee or another adult lawfully on the premises where the abuse caused serious psychological consequences for the claimant, as particularized in the IAP. ^[4]

Report findings

In total, the IAP received 38,257 applications. Of those applications, there were 26,693 hearings. 7,075 claims were not admitted, withdrawn or dismissed and the rest of the claims settled through negotiated settlements.^[5] The average IAP payment, including legal costs, was $111,265 and the costs of the Independent Assessment Process totaled approximately $4 billion.^[6]  

The Report noted that there were numerous challenges to the IAP, stemming from the remarkable amount of claims, unexpected procedural and substantive issues, and the different circumstances of individual residential school survivors. ^[7] One particular issue identified was the misconduct of certain legal counsel during the course of the IAP. One particularly egregious example is a now disbarred Calgary-based lawyer whose firm represented more than 5,600 claimants--the largest caseload of any lawyer involved with the IAP. Rather than fulfilling his role as an advocate for the victims of residential school survivors ethically and respectfully, he mishandled their files and solicited clients using his connection to community organizations. ^[8] Unfortunately, legal counsel repeatedly took advantage of residential school survivors during the IAP, including another now disbarred lawyer who misappropriated over one million dollars from the IAP claimants he represented.^[9]

Feedback on the process was obtained from IAP claimants, and some voiced concerns about the compensation “grid” being overly restrictive, certain losses being very difficult to prove, the exclusion of certain residential schools, and being under compensated compared to what would be given in a court of law.^[10]  

Regarding the final outcomes, the claimants who were interviewed reported the following:

• Only 60% were satisfied with the decision and the compensation provided;
• Only 52% were satisfied with the timeliness of the IAP; and
• 69% of claimants were satisfied with the time it took to receive compensation: about four months following the decision. ^[11]

Although the IAP has concluded and the Final Report has been published, the work is far from over. Financial compensation cannot “buy” healing, and it is important to remember that many claims were either not accepted or were excluded from the restrictive criteria of the IAP. Canada still has a lot of work to do, and the repercussions of the residential school system continue to live on. 

Thanks for reading,

 

Team ReconciliAction YEG

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¹Government of Canada, “Indian Residential Schools” (21 Feb 2019) online: <https://www.rcaanc-cirnac.gc.ca/eng/1100100015576/1571581687074#sect4>. [IRS Doc]

²Ibid.

³Indian Residential Schools Adjudication Secretariat, “About the Independent Assessment Process” online: < http://www.iap-pei.ca/former-ancien/iap/about-eng.php>.

⁴IRS Doc, supra note 1.

⁵Government of Canada, “Statistics on the Implementation of the Indian Residential Schools Settlement Agreement” (21 Feb 2019) online: <https://www.rcaanc-cirnac.gc.ca/eng/1315320539682/1571590489978>.

⁶Independent Assessment Process Oversight Committee 2021, “Final Report” (March 11, 2021) online(pdf): <http://www.iap-pei.ca/media/information/publication/pdf/FinalReport/IAP-FR-2021-03-11-eng.pdf> at 60.

⁷Ibid at 38.

⁸Ibid at 53.

⁹Ibid at 54.

¹⁰Ibid at 66-68.

¹¹Ibid at 68.

Re: TRC Call to Action #90 – Funding for Indigenous Athletes and Programs

Tansi Nîtôtemtik,

We call upon the federal government to ensure that national sports policies, programs, and initiatives are inclusive of Aboriginal peoples, including, but not limited to, establishing:

i. In collaboration with provincial and territorial governments, stable funding for, and access to, community sports     programs that reflect the diverse cultures and traditional sporting activities of Aboriginal peoples.

ii. An elite athlete development program for Aboriginal athletes.

iii. Programs for coaches, trainers, and sports officials that are culturally relevant for Aboriginal peoples.

iv. Anti-racism awareness and training programs.

Sports and recreation and indigenous involvement in sport have been at times a way for the youth too to connect with one another, realize their own abilities and potential and celebrate their cultural identity. Reclaiming pride in their ancestry, sports has been a vehicle to promote better health and self-esteem but it also brings communities closer together for Indigenous peoples. Participation in sport has been an important aspect of indigenous communities since time immemorial. The continuation of that promotes a stronger community and cultural identity. The importance of sport is tied to the health of the community and is yet another area that is disproportionately underfunded.^[1]

On August 12, 2019, it was announced that a contribution of up to $47.5 million over five years to expand sport and physical activity programming in Indigenous communities across Canada. That includes nearly $1 million over two years to Indigenous Sports Council Alberta (ISCA).^[2]

ISCA is a registered non-profit provincial multisport organization that represents all First Nation, Métis and Inuit youth in Alberta. It works to promote recreation and sports programs, and it offers leadership training opportunities at all levels.^[3] The Council also supports individuals who compete and succeed at higher levels of competition. This funding is aimed at helping to provide safe and welcoming activities and more Indigenous people in the province with the opportunity to participate in sport and physical activity. But at one million dollars for all Alberta, that seems like a mighty stretch of a buck for the many athletes and communities that need extracurricular activities now more than ever. This amount does not mention funds for much-needed facilities that house sports activities especially those living in the northern climates. This oversight is troubling because the investment is crucial for giving Indigenous youth a space to hone their skills within their own communities. 

Investing in current and future Indigenous athletes is a must to improve the health, education and employability of Indigenous persons in Canada, and to reduce at-risk behaviour. The remaining $46.5 million spread out across Canada over 5 years for nations is not sufficient to make a significant change happen. Perhaps it is a start but in the end, it does not represent a serious push to invest in Indigenous athletes on a more proportionate scale as compared to non-Indigenous athletes.

Throughout this week you have learned how Indigenous athletes have overcome so many challenges in sport. You've learned about the endurance and resilience of indigenous athletes over time and how the sport is making a resurgence in many communities and with many indigenous youths. The demand for equitable and accessible recreation equipment and sports opportunities is getting louder and is required to help overcome barriers to opportunity in sport.^[4] Without adequate funding and equal opportunities, those barriers will continue to exist for Indigenous athletes preventing them from fulfilling their full potentials or being able to compete at all.

Until Next Time

Team ReconciliAction YEG

 

[1] Indigenous Peoples and Sport in Canada (hillnotes.ca) 

[2] Online: The Government of Canada Announces Sport and Physical Activity Program Investment in Indigenous Communities in Alberta - Canada.ca

[3] Ibid

[4] Indigenous Sports – Our Stories (pressbooks.pub)

Call to Action #86: Fake News & the Mainstream Media

 

(Illustration by Luke Swinson via Waubgeshig Rice, “Letter to a Young Indigenous Journalist | The Walrus”, (31 August 2020), online: The Walrus <https://thewalrus.ca/terra-cognita-letter-to-a-young-indigenous-journalist/>)

 

Tansi Nîtôtemtik,

Today we will discuss the history of media bias in reporting on Indigenous issues and events, and evaluate Call to Action #86, which states:

We call upon Canadian journalism programs and media schools to require education for all students on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations^[1]

In drafting this post, we had originally compiled some headlines to display the difference in media coverage on news involving Indigenous people and news involving non-Indigenous people.  Ultimately, we decided that this approach was harmful and painful, and would only contribute to the problem that Call #86 hopes to address.

A media spin to grab attention or redirect the focus of a story is a common tactic, from the most obvious clickbait to more subtle exploitive or erasive coverage.  Prior research has referred to this type of coverage as “shallows and rapids”.^[2]  ‘Shallows’ are when, under normal circumstances, the mainstream media essentially ignores any coverage of Indigenous issues.^[3]  ‘Rapids’ occur when the news hones in on either crisis or calamity, such as the classic portrayal of protesters as insurgents during land or rights disputes.^[4]

Dominant media discourse on Indigenous issues and events is wholly colonized and perpetuates harmful stereotypes.  A fabulous analysis of racism in Canadian media can be found in the book Seeing Red: A History of Natives in Canadian Newspapers by Mark Cronlund Anderson and Carmen L. Robertson, which chronicles Indigenous media coverage from the time of confederation up until 2009.  An updated version of this book is slated for release this year.^[5]

This harmful discourse has long been flagged as problematic and in addition to the TRC. The Royal Commission on Aboriginal People and the Report on Missing and Murdered Indigenous Women and Girls have also called for more balanced representation in media, and for decolonized coverage that avoids perpetuating stereotypes.^[6]

So, how have journalism schools responded?

In 2017, J-Source sent a survey to 21 journalism programs at 19 universities across Canada, and received responses from 17 schools.^[7]  What they discovered is that schools want to teach Indigenous topics in a meaningful way that teaches students to engage and report on these topics sensitively and with accuracy. The results of this desire however, are tempered by available financial and staffing resources.^[8]  The TRC does not specify the format of required education called for in Call #86, and interpretation of the Call has varied across institutions. While UBC has included mandatory courses in its program even prior to the release of the TRC's final report. Other programs have chosen to develop elective courses and make them broadly available as with Ryerson’s online course on reporting in Indigenous communities.^[9]

Additionally, Journalists for Human Rights developed the Indigenous Reporters Program in 2014.  This program creates pathways for Indigenous people to pursue careers in journalism, and engages and trains non-Indigenous journalists on best practices for reporting Indigenous stories and including Indigenous voices in general reporting.^[10]

Overall, it does appear that journalism programs across Canada have made at least some effort to incorporate Indigenous topics.  However, unless these courses are made mandatory and full length/full credit, there is a risk that they will a) not be taken as seriously as other required learning, and b) that people can simply elect not to engage with this learning. 

Team ReconciliAction recognizes the effort to respond to the bias in media at the educational level, however, elective courses will only engage those already interested in learning about Indigenous history and issues.  To achieve the highest grade, this learning should be mandatory for anyone pursuing a career in media.  As a result, we assign a grade of ‘B’ to Canadian journalism and media programs.

Until Next Time,

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: Truth and Reconciliation Commission of Canada, 2015) at 296.

[2] Augie Fleras, The Media Gaze: Representations of Diversities in Canada (University of British Columbia Press, 2012) at 61–62.

[3] Ibid.

[4] Ibid.

[5] Mark Cronlund Anderson & Carmen L Robertson, Seeing Red: A History of Natives in Canadian Newspapers (Univ. of Manitoba Press, 2011); Shelby Lisk, “Rewriting journalism: How Canadian media reinforces Indigenous stereotypes”, (3 September 2020), online: TVO.org <https://www.tvo.org/article/rewriting-journalism-how-canadian-media-reinforces-indigenous-stereotypes>.

[6] Canada, Royal Commission on Aboriginal Peoples, Report, 2:614; TRC, supra note 1 at 296; The National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (Quebec, 2019).

[7] Meagan Gillmore, “Long journey of reconciliation ahead at Canada’s journalism schools”, (20 April 2018), online: JSource <https://j-source.ca/article/long-journey-of-reconciliation/>.

[8] Ibid.

[9] Ibid.

[10] “Indigenous Reporters Program”, online: Journalists for Human Rights (JHR) <https://jhr.ca/our-work/canada-indigenous-reporters-program>.

Sports and Reconciliation

Tansi Nîtôtemtik,

Today Team ReconciliAction will continue our evaluation of the Truth and Reconciliation Commission’s (TRC) Calls to Action with two calls regarding sports and reconciliation. The first Call to Action we will be discussing is #88, as follows:

88. We call upon all levels of government to take action to ensure long-term Aboriginal athlete development and growth, and continued support for the North American Indigenous Games, including funding to host the games and for provincial and territorial team preparation and travel. 

What are the North American Indigenous Games (NAIG)? NAIG is a multi-sport event and cultural celebration where Indigenous athletes from across North America aged 13-19 participate in self-determined sports and cultural activities. The games have been held intermittently since 1990, and the first NAIG was held in Edmonton, Alberta in 1990. ^[1] Unfortunately, the 2020 NAIG was postponed due to the COVID pandemic. 

As per the NAIG, the vision of this event is to “improve the quality of life for Indigenous Peoples by supporting self-determined sports and cultural activities which encourage equal access to participation in the social / cultural / spiritual fabric of the community in which they reside and which respects Indigenous distinctiveness.” ^[2] The sports involved in NAIG range from badminton to wrestling, and typically host thousands of participants each time. 

(Image credit: NAIG, http://naig2017.to/en/about/toronto-2017-naig-mascot/)

So, has the federal government prioritized funding for NAIG? In 2017, Toronto hosted the NAIG. 88 days prior to the games, the federal government announced its commitment to provide $18.9 million over five years, and ongoing funding of $5.5 million to support Indigenous youth through sport for every four years following those five years. ^[3] A central theme of the 2017 games was TRC Call to Action #88, with a focus on the role sport plays in reconciliation. ^[4] Based on these efforts, Team ReconciliAction is awarding an “A” grade to this Call to Action.

The next Call to Action up to bat (sports pun intended) is Call to Action #89, which is as follows:

89. We call upon the federal government to amend the Physical Activity and Sport Act to support reconciliation by ensuring that policies to promote physical activity as a fundamental element of health and well-being, reduce barriers to sports participation, increase the pursuit of excellence in sport, and build capacity in the Canadian sport system, are inclusive of Aboriginal peoples.

The Physical Activity and Sport Act is federal legislation that has five main objectives regarding  physical activity and sport as follows:

• to promote physical activity as a fundamental element of health and well-being;
• to encourage all Canadians to improve their health by integrating physical activity into their daily lives; and
• to assist in reducing barriers faced by all Canadians that prevent them from being active 
• to increase participation in the practice of sport and support the pursuit of excellence in sport; and
• to build capacity in the Canadian sport system.^[5]

While sport is already a part of many Indigenous cultures, barriers exist to Indigenous participation in sport/physical activity due to cost, cultural insensitivity, racism, distance, and lack of sport infrastructure in Indigenous communities. ^[6] Call to Action #89 recognizes these barriers and the need for action to address them. 

The federal government reports that dialogue has begun with some stakeholders regarding Call to Action 89. ^[7] However, there is minimal progress made regarding this Call to Action despite its relative simplicity. As a result, we are assigning a grade of “D” to the progress made thus far. It’s time to see some action towards making sport and physical activity more inclusive for Indigenous peoples.

Thanks for reading. Let us know what you think of these grades in the comments below!

 

Until next time, 

 

Team ReconciliAction YEG

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¹North American Indigenous Games, “NAIG History”, online: North American Indigenous Games <https://naig2020.com/naig-history>. 

²Ibid.

³Government of Canada, “ Investing in the health and well-being of Indigenous youth through the power of sport” (April 19, 2017) online: <https://www.canada.ca/en/canadian-heritage/news/2017/04/investing_in_thehealthandwell-beingofindigenousyouththroughthepo.html?wbdisable=true>. 

⁴North American Indigenous Games, “About Team 88”, online: <http://naig2017.to/en/team-88/about-88/>. 

⁵Physical Activity and Sport Act, SC 2003, c 2, <https://canlii.ca/t/53339>. [PASA]

⁶Canadian Heritage, “Sport Canada’s Policy On Aboriginal Peoples’ Participation In Sport” (May 2005) online (pdf): <https://www.canada.ca/content/dam/pch/documents/services/sport-policies-acts-regulations/aborignial_v4-eng.pdf>.

⁷Government of Canada, “Delivering on Truth and Reconciliation Commission Calls to Action: Sports and reconciliation” (Sept 5, 2019) <https://www.rcaanc-cirnac.gc.ca/eng/1524505883755/1557512006268>.

 

ILSA Speaker Series 2021: Dr. Darcy Lindberg talks Water Law

(Artwork by Christi Belcourt)

Tansi Nîtôtemtik,

Continuing our commentary on ILSA’s 2021 speaker series, today we will discuss the presentation by Dr. Darcy Lindberg on Alberta Coal Policy, Water, and Plains Cree Law.  This presentation explored some of the difficulty in aligning laws in a pluralist society.  Since 1976, Alberta coal policy provided protections for major watersheds that were well aligned with Indigenous water law.  However, this policy was recently rescinded to make way for new coal development.  So what happens when colonial water laws are in opposition to Indigenous legal obligations to water?

(Dr. Darcy Lindberg, photo courtesy of University of Alberta Directory)

This was a fascinating presentation that explored the sources of Indigenous water law as well as the differing perspectives of land management.  Dr. Lindberg shared a quote by Danika Littlechild which expressed concern that the abstract views of water in colonial law have “absolved the individual and the collective of our responsibilities to water.”  To give perspective to the weight of the responsibility to water, Dr. Lindberg drew on the Cree language as a source for water law.  In Cree, Nipiy means “water”.  Nipiy shares it’s key sounds with the phrase Niya Pimatisiwin, which means “I am life”.    

Dr. Lindberg’s presentation broke down technical and legal concepts to be accessible for an audience with varying levels of knowledge of Alberta coal policy and Indigenous environmental law. He detailed how various sources identify obligations to water, and discussed real-life examples of challenges in water protection including man-made Abraham Lake, the Smallboy Camp, and the legal personhood of the Magpie River. 

If you would like to watch the hour-long presentation (and we highly recommend that you do), it will be posted on the ILSA website along with the other Speaker Series presentations from this week.

Were you at yesterday's session with Dr. Lindberg?  Share your thoughts below!

Until Next Time,

ReconciliAction YEG

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Re: ILSA Speaker Series Day 2: COVID-19 and Indigenous Health

Tansi Nîtôtemtik,

Day two of the speaker series examined how the pandemic has affected Indigenous health and their communities. The presenters were Reagan Bartel, Bonnie Healy and Dr. Daniele Behn Smith.

Reagan Bartel earned her Master of Public Health and Bachelor of Science in Nursing from the University of Alberta and has 16 years of critical care nursing experience delivering front-line care in an Edmonton ICU before moving into population health as the Director of Health for the Métis Nation of Alberta (MNA). 

Her focus in yesterday’s talk was Métis stories, experiences, and perceptions gifted to the MNA and how they must be incorporated into health advocacy, policy, programs, and services to ensure that equal care is provided for members. Bartell highlighted that there is a need for health information and data to be gathered and provided to prevent and alleviate jurisdictional challenges posed by the pandemic in providing equitable care. Advocacy for community members during the pandemic and the impact of COVID on the Metis community needs an equity approach to reduce those inequities related to access, self-governance and self-determination. 

The Metis nation was not immune from colonization traumas and exclusion from policy and process presents an opportunity for Metis people to be retraumatized rather than helped. There are nearly 115,000 self-identified Metis Albertans, a large number of people that are at higher risk of health problems and yet are excluded from the decision-making process with regards to vaccine rollout,  a horrible oversight of both the federal and provincial government. Previously no vaccines were allocated to Metis Albertans, but thankfully that has since changed. Metis Albertans will now be included in phase two of the vaccination plan due in large part to the efforts of the MNA  to push for adequate and equitable health measures for its members.

Aapooyaki Bonnie Healy is a Registered Nurse from the Kainai Nation. Bonnie’s professional background is multi-faceted as she has worked in numerous health capacities at the local, national, and international levels. She is currently the Blackfoot Confederacy Health Director and her work with leadership and First Nations communities have provided her with the ability to liaise and facilitate relationships between Western systems and First Nations.

Bonnie Healy spoke about the unique challenges facing communities during the pandemic including food security, access to services and housing, isolation housing problems and water access and quality. Many indigenous peoples on reserve only have cistern tanks and the delivery of water significantly declined during the pandemic which made it incredibly difficult for community members to adhere to public health guidelines. Transportation was also a big problem because it posed a barrier to community members being able to go get food and supplies, and was also a hindrance to economic development in the communities themselves. These obstacles are all particularly concerning, and in addition to those challenges First Nations people also have a much higher rate of risk of death or serious health problems. This is a fact which the government has acknowledged. Getting vaccines to First Nations as soon as possible with these realities in mind must be a priority. If the pandemic is widespread in First Nations communities, it has the potential to overwhelm the health care system. This is one of the reasons First Nations need to be kept on the priority list for the vaccine rollout plan.

The last panel speaker was the esteemed Dr. Danièle Behn Smith who has been working to support Indigenous health in the Office of the Provincial Health Officer since 2015, where she works alongside Dr. Bonnie Henry, BC’s Provincial Health Officer. She provides independent advice and support to the Ministry of Health on Indigenous health issues. In support of the ministry’s strategic agenda, Behn Smith works in meaningful partnership with Indigenous collectives, communities and organizations to advance wellness and disrupt colonial practices and policies. Behn Smith is Eh Cho Dene (Big Animal People) of the Fort Nelson First Nation in B.C. with French Canadian/Métis roots in the Red River Valley. 

She commented straight away how First Nations didn't come into the pandemic on equal footing because of the greater risk of health issues and potential of severe COVID  outbreaks on the communities because of their higher health risks. It was particularly concerning because the deadly virus posed a  threat to First Nations cultural continuity, as it threatened vulnerable First Nations elders who are the holders of traditional knowledge and who hold the essence of their nations, language, teachings, and invaluable ways of life practiced since time immemorial. For those reasons, COVID  is a very grave concern to First Nations communities. It threatens the knowledge keepers who must be protected at all cost.

It was important to hear these different perspectives so that society can be made aware of what challenges are being faced by Indigenous communities during this pandemic. This talk also demonstrated why it is so important to understand the gravity of protecting the most vulnerable as they hold an incredible amount of knowledge that if lost, is lost forever.

Today’s talk will introduce Professor Darcy Lindberg an assistant professor in the faculty of law at the University of Alberta, his talk is titled: “I am life”: Indigenous Water Sovereignty and the Alberta Coal Policy. Sounds like one you won’t want to miss!

You can join the talk here: (https://www.ualberta.ca/law/about/2021-ilsa-speaker-series.html) or here: Meeting Link: ILSASpeakerSeries2021  and please continue along with our reporting of the event all this week. 

Until Next Time

Team ReconciliAction YEG

ILSA 2021 Speaker Series

Tansi Nîtôtemtik, 

Today marks the beginning of the University of Alberta Indigenous Law Students’ Association (ILSA) 2021 Speaker Series. This highly anticipated annual event brings together speakers from across the country on topics that engage important issues and provoke thoughtful discussion. This year’s topic is “Our Story: Indigenous Legal Responses to an Historic Year”, and will address current affairs concerning sovereignty, COVID-19, policing, pipelines, and self-governance from the perspective of Indigenous Canadians. There will be presentation everyday from March 1st-5th, from 12-1 pm.

Team ReconciliAction is excited to attend each of these presentations and will be writing posts on each presentation over the course of this week. The topics are as follows:

• Monday, March 1, 2021: Indigenous Sovereignty in the 2020s

• Speaker: Leroy Little Bear 

• Tuesday, March 2, 2021: COVID-19 and Indigenous Health

• Panel with Dr. Danièle Behn Smith, Reagan Bartel, Bonnie Healy

• Wednesday, March 3, 2021: Topic to be confirmed

• Speaker: Darcy Lindberg, University of Alberta Faculty of Law

• Thursday, March 4, 2021: Transmountain and the Duty to Consult

• Speaker: Paul Seaman, Gowling WLG

• Friday, March 5, 2021: Self-Governance of the Mi’qmaq Fishery

• Speaker: Naiomi Metallic, Schulich School of Law

Despite the unique challenges of hosting a speaker series this year, ILSA has put together an exciting panel of speakers, and we can’t wait to attend this year’s event! Last year, the ILSA speakers series focused on Justice and Injustice for Indigenous Peoples within the Canadian Legal System and previous years have included a focus on child welfare (2019), Indigenous Law (2018) and several other topics. In fact, this is the 19th annual ILSA Speakers Series!

We hope you also tune in to this annual speaker series, as it is sure to spark some lively discussion and intriguing commentary. Click here for more information and for the Zoom link!

Until next time,

Team ReconciliAction

Justice For Cindy Gladue: The Barton Trial Verdict

(Artwork by Jon Labillois)

 

Tansi Nîtôtemtik,

“Me & my sisters were close to my mom, we told her everything, she was like our best friend. She was such a helpful person, she would cook sometimes & she loved baking. She always cooked grandma breakfast. My mom was really good at drawing & she liked writing too. It’s hard for me & my sisters growing up with out our mom here, we all miss her so much.” – Brandy (Cindy Gladue’s Daughter)^[1]

(Cindy Gladue, pictured with her daughters. Image Credit: KATHRYN BLAZE CARLSON, “More than a tragic headline: Cindy Gladue dreamt of a happy life”, (15 May 2015), online: The Globe and Mail <https://www.theglobeandmail.com/news/national/the-death-and-life-of-cindy-gladue/article24455472/>.

We at Team ReconciliAction discussed sharing our perspective on the trial, defence strategies, and the traumatic evidence that told the story of the night Cindy Gladue was killed.  Instead, we have decided to embrace the morsel of justice for Cindy that came on February 18, when a jury found Bradley Barton guilty of manslaughter for causing the injuries that Cindy Gladue died from.

There were some differences this time around during the trial. First, we think it important to note that most involved in the trial were more conscious of Cindy Gladue as a human being first and foremost.[2] This is in stark contrast to the dehumanizing language and evidence presented in the first trial and highlights a long overdue recognition of bias in the legal system.  Importantly, Justice Hillier gave instruction about bias and stereotypes against Indigenous women and against sex workers at various points in the trial.  These statements were taken seriously enough by at least one juror, who reported statements made by another juror that could demonstrate a bias against sex work.[3]  Ultimately both of these jurors were dismissed from the jury to ensure that personal views about sex work would not taint the deliberations of the jury.[4]

Another major difference was that Barton’s internet search history, which contained searches for violent pornography similar to the type of activity that would cause injuries that killed Cindy Gladue, was allowed into evidence.[5]  In the first trial, this evidence was found to be too prejudicial in comparison to any probative value.

Despite the effort to remain sensitive to Cindy’s humanity, the trial could not escape the graphic and violent details of her tragic death.  Cindy’s loved ones, jurors, media, and other trial participants were subjected to horrific images and testimony and forced to relive the loss and trauma an entire decade later.  A guilty verdict is a step toward justice for Cindy, but the damage has been done.  Cindy was the victim of a violent act that killed her, and then was victimized again and again and again by a legal system that has never been designed to bring justice to Indigenous people, and to Indigenous victims of crime. 

To date, Cindy is one of thousands of Indigenous women who have gone missing or been murdered in Canada. 

Thousands.[6] 

The disappearances and killings of thousands of Indigenous women has been an epidemic in Canada since the earliest days of colonialism. 

Thousands. 

(Image Credit: Kairos Canada)

The grief of Cindy’s loved ones is intergenerational, and the sheer number of women lost is demonstrative of the value given to the lives of Indigenous women. These women are life givers, they are loved and they are needed. They are language speakers and knowledge keepers.  They are mothers, and kokums and cousins and sisters and they are the most beloved of Aunties.  And far too many of them are gone. 

When we think of Justice for Cindy Gladue, we do not feel a guilty verdict amounts to justice.  We do not yet know what consequence Bradley Barton will face for causing Cindy’s death, and we do not yet know if there will be an appeal.  But we do know that no amount of legal proceedings will give Cindy back to her family and friends.  And we know that as long as Indigenous women continue to be murdered and go missing at disproportionate rates, Indigenous women, including Cindy, do not have justice.

 

Until Next Time,

ReconciliAction YEG

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[1] Muriel Stanley Venne et al, OUR BREAKING POINT: Canada’s Violation of Rights in Life and Death (Edmonton, Alberta: Institute for The Advancement of Aboriginal Women, 2016) at 6.

[2] Kathleen Martens, “Lawyer for the family on hand to guard victim’s memory”, (2 February 2021), online: APTN News <https://www.aptnnews.ca/national-news/cindy-gladue/>.

[3] Jonny Wakefield, “Guilty verdict in Bradley Barton trial: Ontario trucker convicted of killing Cindy Gladue in Edmonton hotel room in 2011”, (20 February 2021), online: Edmonton Journal <https://edmontonjournal.com/news/local-news/jury-decides-fate-of-man-facing-manslaughter-for-2011-death-of-cindy-gladue-at-edmonton-hotel>.

[4] Ibid.

[5] Ibid.

[6] Muriel Stanley Venne et al, supra note 1 at 26;  This resource contains an 11 page non-comprehensive list of the names of missing and murdered Indigenous women .

Re: TRC Call to Action #84 – Indigenous Voices in Radio and Reconciliation

Tansi Nîtôtemtik,

The Truth and Reconciliation Commission of Canada’s (TRC) Call to Action #84 calls on the government to increase and restore funding to the media to provide a voice for positive change through respectful and meaningful media coverage. Call to Action #84 states:

We call upon the federal government to restore and increase funding to the CBC/Radio-Canada, to enable Canada’s national public broadcaster to support reconciliation, and be properly reflective of the diverse cultures, languages, and perspectives of Aboriginal peoples, including, but not limited to:

    i. Increasing Aboriginal programming, including Aboriginal-language speakers.

  ii. Increasing equitable access for Aboriginal peoples to jobs, leadership positions, and professional development opportunities within the organization.

  iii. Continuing to provide dedicated news coverage and online public information resources on issues of concern to       Aboriginal peoples and all Canadians, including the history and legacy of residential schools and the reconciliation process. ^[1]

CBC/Radio -Canada is a national public broadcaster and one of Canada’s largest cultural institutions. It plays a vital role by providing access to programs and services across the country. CBC Radio purports to be a leader in reaching Canadians on new platforms and delivering a broad range of services that offer diverse regional and cultural perspectives. Considering CBC Radio’s considerable reach across the nation, it is no surprise that the  TRC felt it should be included in the Calls to Action.^[2]

In Budget 2016, the Government of Canada reinvested $675 million in CBC/Radio Canada over 5 years. This amount was supposed to include initiatives for Indigenous programming and services. To be clear, the amount was not exclusively for Indigenous programming, so the amount allocated for Indigenous media initiatives and services is discretionary. .^[3]

In its 2016-2017 Annual Report, CBCRadioCanada reported that the additional funding from Budget 2016 enabled key Indigenous initiatives such as creating additional Indigenous content (including  its digital portal Espaces autochtones), and hiring local Indigenous staff in Yellowknife for the digitization of decades of audio programming in 8 Indigenous languages: Dene Suline, Inuktitut, Inuvialuktun, Chipewyan, North Slavey, South Slavey, Gwich'in and Eastern Cree.^[4]

To date, CBC is the only broadcaster to offer Indigenous language news and information services across TV, radio and digital platforms in Canada’s North in the 8 languages listed above, reaching over a hundred northern communities. 

CBC claims that its commitment is to reflect and represent Canada’s Indigenous communities and to create programming by and for Indigenous Peoples. CBC North broadcasts 211 hours per week with 125 of those hours on indigenous language and has made considerable efforts to digitized content in collaboration with Indigenous people to provide accessible archives.^[5] In addition, there are great programs such as “Unreserved”^[6] with Rosanna Deerchild which promotes discussion and conversation between Canada’s Indigenous and non-Indigenous people on Radio One, and Lisa Charleyboy’s New Fire^[7] podcast focused on stories of Indigenous youth on CBC Radio.

It is a pleasant change to see the money set out for CBC Radio programming being put to good use, even though the money was not specifically allocated for Indigenous programming.  We look forward to more initiatives that provide access to Indigenous voices on the radio and other associated media forums.

Closer to home, we have seen a new Indigenous radio station, The Raven CIWE 89.3 launched in Edmonton just this month and will join Edmonton-based CFWE FM and Calgary-based CJWE FM as part of the Windspeaker Radio group. There is no government funding for this station; they have basically started from scratch. But are excited to create spaces and utilize the incredible talent they have in their organization.^[8] It would be a stronger act of reconciliation if the government didn’t stop at CBC Radio with funding but also provided funding to Indigenous-based media groups that reflect a grassroots perspective that hit at the heart of Indigenous issues and stories, like The Raven. Yet with the slow pace of government progress on the Calls to Action, we will not hold our breath.

Until Next Time,

Team ReconciliAction YEG

 

[1] Canada, Truth and Reconciliation Commission, Honouring the Truth and Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada. Winnipeg: The Commission, 2015 [TRC Report].

[2] Canadian Broadcasting Corporation, “Federal budget 2016 and reinvestment in CBC/Radio-Canada” (Mar 16, 2016) online: NewsWire <https://www.newswire.ca/news-releases/federal-budget-2016-and-reinvestment-in-cbcradio-canada-573134991.html>.

[3] Government of Canada, “Media and Reconciliation” (Sep 5, 2019) online: <https://www.rcaanc-cirnac.gc.ca/eng/1524505692599/1557513408573.>

[4] Ibid.

[5] CBC, “Indigenous Refection and Representation” (August 2018), online: <https://site-cbc.radio-canada.ca/documents/vision/strategy/submission/appendix-e-cbc-radio-canada-indigenous.pdf>.

[6] CBC, “Unreserved” online:< http://www.cbc.ca/radio/unreserved>. 

[7] CBC, “New Fire” online:<http://www.cbc.ca/radio/newfire>

[8] Emily Mertz, “New Indigenous radio station The Raven launches in Edmonton: ‘It was emotional” (1 Feb 2021) online:Globalnews.ca <https://globalnews.ca/news/7613364/indigenous-radio-station-the-raven/> . 

Art and Reconciliation

This year, ReconciliAction YEG has been able to accompany some of our posts with meaningful art that represents the themes within the Truth and Reconciliation Committee Calls to Action. Today, we will be evaluating Call to Action #83, which recognizes the importance of this artwork towards reconciliation. The Call is as follows:

83. We call upon the Canada Council for the Arts to establish, as a funding priority, a strategy for Indigenous and non-Indigenous artists to undertake collaborative projects and produce works that contribute to the reconciliation process.

The Canada Council for the Arts (CCA) funds public art in Canada. Its stated mandate is “to foster and promote the study and enjoyment of, and the production of works in, the arts.” ^[1] Art plays a central role to culture. It allows artists to share their experiences and, in turn, allows audiences to grasp a deeper meaning of these experiences. As such, the role of art in reconciliation is extremely important.

(A painting representing various Indigenous cultures, made by Kelsi Bartake, Jordan Raymond and grade 12 students, Bethlehem Catholic High School, Saskatoon, SK, from https://en.ccunesco.ca/our-priorities/reconciliation/let-s-talk-about-reconciliation) 

As part of its response to Call to Action #83, the CCA created the Creating, Knowing, and Sharing: The Arts and Cultures of First Nations, Inuit, and Métis Peoples program. This program recognizes the cultural sovereignty and self-determination of Indigenous peoples by funding artistic and cultural activities. ^[2] This funding includes micro grants for small scale projects, short and long term projects, and Indigenous organizations. Click here to see some of the projects funded through this program.

A refreshing aspect of CCA’s response to Call to Action #83 is how transparent the council is with funding and initiatives. As of 2019-2020, $19.3 million dollars have been invested by the council towards supporting Indigenous creation. ^[3] As a result, Team ReconciliAction YEG is happy to award an A to this Call to Action! The CCA’s commitment is a great example of how transparency, accountability and involvement of stakeholders can result in the timely completion of a Call to Action.

Until next time,

Team ReconciliAction YEG

¹Canada Council for the Arts, “Commitments: Indigenous” (2021) online: <canadacouncil.ca/commitments/indigenous>.

²Canada Council for the Arts, “Creating, Knowing and Sharing: The Arts and Cultures of First Nations, Inuit and Métis Peoples” (2021) online: <https://canadacouncil.ca/funding/grants/creating-knowing-sharing>.

³Ibid.

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5 Years After TRC: The Gaps in Public Memory

(Image: Shutterstock)

Tansi Nîtôtemtik,

Public memory is how we frame history and share knowledge of the past through generations. It is not merely history, because memories are subjective, personal and can take on or create meaning. History, though, is just factual and objective past events.   Public memory has been the subject of the Mandela effect, which is an interesting phenomena where the collective memory is not aligned with factual history.  Examples of this include public recollection of Nelson Mandela’s death in prison in the 1980s when he actually died in 2013; or remembering the children’s book series spelled as ‘Berenstein Bears’ instead of the correct Berenstain Bears.

Often, history is deliberately framed in a way that influences or selectively erases the public memory of that history.  For example, Martin Luther King, Jr.’s “I have a dream” speech has been widely emphasized and recontextualized in a way that uncomplicates and de-radicalizes the complexity of the civil rights movement of the 60’s in the US.^[1]  Public memory leans on the non-violent protest methods advocated by MLK in a revisionist manner and regularly omits that non-violence did not mean inaction.^[2]  Rather, King advocated collective civil disobedience as a form of gaining the power needed to make real change.  Likewise, public memory remembers Rosa Parks as the unassuming woman who refused to sit where she was told, when Parks could more accurately be described as a strong and seasoned freedom fighter who devoted much of her life to civil rights activism.^[3]

“Public memory is important. It is especially important to recognize that the transmission of that collective memory from generation to generation of First Nations, Inuit, and Métis individuals, families, and communities was impaired by the actions of those who ran residential schools”^[4]

This type of revisionist rhetoric is prevalent where colonial patriotism is a dominant cultural perspective.  In Canada, generations of us were taught that Canada came into existence when European settlers migrated here and built undiscovered land into a nation.  Of course, the history of this land extends well beyond its colonization.  The original inhabitants of this land have a history dating back to time immemorial.  This history includes events and places of great importance.  It includes languages, ceremony, battle, treaties, famous people and famous places. This history also extends into the post-colonial era, including the birth and rise of the Metis/Michif people as a distinct nation, and the resulting moves by the colonial government to extinguish and disenfranchise the Metis. It includes First Nations and Inuit as targets for annihilation by colonizers who viewed themselves as superior. First through the deliberate segregation and starvation of Indigenous people, then through the abduction of Indigenous children placed in residential schools and who were lucky to survive at all, let alone with intact public memory of time immemorial.

Public memory is preserved through oral and archival history, public speeches, monuments, museums, and commemorative events.  Until recently, public memory has been viciously skewed to the colonial perspective of history.  Call to Action #79 aims to remedy this skewed public memory, by including other perspectives on the history of this land to develop a more fulsome and true to history version of the collective memory going forward.

Call #79 demands collaboration with Indigenous voices to develop a framework for heritage and commemoration which includes at minimum:

• Amending the Historic Sites and Monuments Act to include First Nations, Inuit, and Métis representation on the Historic Sites and Monuments Board of Canada and its Secretariat.
• Revising the policies, criteria, and practices of the National Program of Historical Commemoration to integrate Indigenous history, heritage values, and memory practices into Canada’s national heritage and history.
• Developing and implementing a national heritage plan and strategy for commemorating residential school sites, the history and legacy of residential schools, and the contributions of Aboriginal peoples to Canada’s history.^[5]

To date, the first leg of this call has been proposed via Bill 374, An Act to Amend the Historic Sites and Monuments Act (Composition of the board). While this amendment has never come into force, the spirit of it was noted with the appointment of a First Nations, Inuk, and Metis member in July of 2018.  The last activity on this bill was in 2018, and it appears to have died after that.  Legislation guaranteeing this board composition is critical to ensuring the long term impact and inclusion of Indigenous voices.^[6]  The third leg has been delegated to Parks Canada, which did develop a framework for a national heritage plan that was backed by federal funding in 2019.^[7] 

The second leg is not yet completed.  While the importance of commemoration and heritage recognition that integrates Indigenous values has been acknowledged, this has not been codified.  Part of reconciliation may involve acceptance that commemoration activity may not align with the colonial heritage perspectives that focus on preservation.  For example, while several former residential schools have been reclaimed as heritage sites, the Île-à-la-Crosse Residential School was demolished in 2016 as part of a commemoration ceremony.^[8]

In the end, Canada has not yet done enough to ensure the development of a more honest public memory, and we must assign a grade of ‘C-‘ on Call to Action #79.

 

Until Next Time,

ReconciliAction YEG

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[1] Matthew Houdek & Kendall R Phillips, “Public Memory” (2017) Oxford Research Encyclopedia of Communication, online: <https://oxfordre.com/communication/view/10.1093/acrefore/9780190228613.001.0001/acrefore-9780190228613-e-181>.

[2] April Reign, “For Martin Luther King Jr., Nonviolent Protest Never Meant ‘Wait and See’”, (12 January 2018), online: History Reads <https://www.history.com/news/for-martin-luther-king-jr-nonviolent-protest-never-meant-wait-and-see>.

[3] Jeanne Theoharis, “How history got the Rosa Parks story wrong”, Washington Post (1 December 2015), online: <https://www.washingtonpost.com/posteverything/wp/2015/12/01/how-history-got-the-rosa-parks-story-wrong/>.

[4] 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: Truth and Reconciliation Commission of Canada, 2015) at 268.

[5] Ibid at 291.

[6] Historic Sites and Monuments Act, R.S.C., 1985, c. H-4, https://laws-lois.justice.gc.ca/eng/acts/H-4/Full Text.html,

[7] Government of Canada; Indigenous and Northern Affairs Canada, “Commemoration”, (23 April 2018), online: <https://www.rcaanc-cirnac.gc.ca/eng/1524505403680/1557513866487>.

[8] CBC News, “The state of Canada’s former residential school buildings”, (26 September 2017), online: CBC News <https://www.cbc.ca/news/politics/multimedia/the-state-of-canada-s-former-residential-school-buildings-1.4307508>.