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.
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.
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>.
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!
(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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Be sure to stay up to date on other happenings with ReconciliAction YEG:
[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>.
[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>.
[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/>.
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.
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:
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.
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.
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.
(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.
[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.
[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/>.
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:
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.
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:
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!
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!
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!
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!
“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]
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.
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.
[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>.
[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 .
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 RavenCIWE 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].
[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/> .
Today Team ReconciliAction YEG continues our evaluation of the Calls to Action with #77 and #78. These Calls focus on the National Center for Truth and Reconciliation (NCTR). Call to Action #77 states:
We call upon provincial, territorial, municipal, and community archives to work collaboratively with the National Centre for Truth and Reconciliation to identify and collect copies of all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth and Reconciliation.
Since this Call to Action is directed at archives, the focus is on provinces and municipalities to take action. The difficulty of creating a complete and accurate record of the residential school system stems from several factors. The residential school system involved over 135 schools and several different government departments and church organizations, lasted over a century, and had traumatic consequences on the survivors.[1] Despite these challenges, it is absolutely essential that Canadians develop a clear understanding of the residential school system and documentation is an important element of that understanding.
As of 2018, the Chief Archivist of NCTR, Raymond Frogner reported that provinces, municipalities and communities were cooperating with the NCTR by providing records.[2] However, some religious orders have refused to turn over residential school records to the NCTR, including schools like St. Anne’s in Ontario, where abuse was especially rampant and egregious. As of December 2020, the St. Anne’s Residential School records have not been released, despite court orders to do so.[3]
(A photograph of St. Anne’s residential school, image courtesy of CTV News:https://www.ctvnews.ca/canada/residential-school-survivors-fighting-ottawa-over-access-to-police-records-1.1596983)
Due to the lack of accountability shown by these religious groups, we are assigning a D grade to this Call to Action. It is time for transparency and accountability for the role each party played in the residential school system.
The second Call to Action we are reviewing today is #78, as follows:
We call upon the Government of Canada to commit to making a funding contribution of $10 million over seven years to the National Centre for Truth and Reconciliation, plus an additional amount to assist communities to research and produce histories of their own residential school experience and their involvement in truth, healing, and reconciliation.
The government cites the “$10 million to support the important work of the National Centre for Truth and Reconciliation, as announced by the Prime Minister in December 2016” [4] as progress made towards this Call to Action. However, this is misleading. Call to Action #78 asks for an additional amount so that communities can research residential school experiences to know what happened and why. Allowing communities to have this information is crucial to reconciliation. Once again, the Government has not lived up to this commitment. No additional funding has been announced for the purpose of researching residential school experiences.
We are giving the Government a failing grade on this Call to Action.
2CBC News, “Beyond 94: Call to Action #77” (8 Feb 2021) online: <newsinteractives.cbc.ca/longform-single/beyond-94?&cta=77>.
3Jorje Barrera, “Some Catholic orders still withholding promised residential school records” CBC News (1 June 2018) online: <www.cbc.ca/news/indigenous/catholic-orders-residential-school-records-1.4686472>; Maan Alhmidi, “Survivor calls on Trudeau to release St. Anne’s residential-school abuse documents” The Star Edmonton (23 December 2020), online:<www.thestar.com/politics/2020/12/23/survivor-calls-on-trudeau-to-release-st-annes-residential-school-abuse-documents.html>
4Government of Canada, “Delivering on Truth and Reconciliation Commission Calls to Action: National Centre for Truth and Reconciliation” (5 September 2019) online: <www.rcaanc-cirnac.gc.ca/eng/1524505153967/1557512946537>.
(Artwork by Grace Berrios, Colton Boushie Quote Card for Rise Up Media)
Tansi Nîtôtemtik,
February 9 was the anniversary of Gerald Stanley’s acquittal. For those who aren’t aware, Gerald Stanley was accused of killing Colten Boushie after Colten and some friends drove onto his rural Saskatchewan property. Gerald Stanley was not convicted of this killing, despite the fact that Colten was killed by a close range gunshot in front of his friends and the son of Gerald Stanley. Colten’s friends said they drove onto the property for help with a flat tire, and Gerald Stanley claimed that he approached the vehicle with his gun when he suspected the group of trying to steal an ATV, and the gun ‘hang fired’ into the back of Colten’s head.[1]
When reflecting on the news and social media reports of Colten’s death in 2016, it is striking to recall the vitriol of people who justified shooting and killing trespassers and who leaned on racism to support that justification. Comments like “the only mistake was leaving 3 witnesses” (made by a SK municipal councillor) were pervasive, and people seemed quick to point fingers at the four friends while supporting the actions of Gerald Stanley.[2] The RCMP and trial followed this pattern. The investigation focused heavily on the 4 young occupants of the vehicle, and Colten’s friends were even arrested along with Gerald Stanley.[3] Colten’s family members have stated that throughout the proceedings, it often felt like Colten was on trial and that Gerald Stanley was being treated as the victim.[4] In fact, media publications would refer to the trial as the “Colten Boushie trial”, when it was Gerald Stanley who was on trial.
There were other issues with the investigation and trial process. The investigator in such a major incident was an inexperienced junior officer.[5] The crime scene was left uncovered in the rain for two days and was not attended by any forensic expert.[6] Colten’s mother was informed of his death by the RCMP as they searched her home, weapons drawn. She was told to “get it together” and asked if she was drunk.[7] During jury selection peremptory challenges excluded any juror who appeared Indigenous, and the selected jurors were not asked about possible racial bias or pre-trial public influence impacting their ability to remain objective.[8] During the trial, the prior criminal records of the witnesses were discussed to discredit the victim and his friends.[9] The trial judge did not inform the jury about the requirements of self defence or defence of property, which Gerald Stanley was not formally pleading but was clearly relying on.[10]
In the end, Gerald Stanley was acquitted, and Colten’s loved ones are left seeking justice. The Saskatchewan crown prosecutors declined to appeal the acquittal stating there was no error in law, ending the proceedings that might have brought closure to Colten’s loved ones.
The verdict was controversially denounced by Prime Minister Justin Trudeau and then Justice Minister Jody-Wilson Raybould and sparked an omnibus bill that abolished peremptory challenges.[11] This legacy is just one of the many Colten has inspired. Colten’s family used their grief to fuel incredible advocacy for the way Indigenous people are treated by the legal system. This advocacy has taken them all the way to the United Nations to seek justice for Colten.[12] Team ReconciliAction encourages our readers who have not yet seen the award-winning film nîpawistamâsowin: We Will Stand Up by Tasha Hubbard to watch this powerful telling of Colten’s story and the advocacy and work his family has done.[13]
(Image: Tasha Hubbard, nîpawistamâsowin: We Will Stand Up (2019).)
In the meantime, we ask our readers to consider the first time they heard about Colten and recall the context in which the story was presented. Was there any bias? Do you think the story might have been told differently if the farmer was Indigenous and the car full of youth were white? Do you think bias seeps into our legal system in a way that makes it a system of justice for only some of the people who come into contact with it? We talk a lot about the overrepresentation of Indigenous people in the legal system, and the lack of representation in the legal profession, but what happens when an Indigenous person is the victim of a crime? How is our system set up to properly care for victims and their families?
For today, we will leave you with those questions to ponder.
[1] David Giles & Nathaniel Dove, “Calls grow for public inquiry into death of Colten Boushie, acquittal of Gerald Stanley”, (19 February 2020), online: Global News <https://globalnews.ca/news/6566640/public-inquiry-colten-boushie-gerald-stanley/>.
[2] Ian Austen, “A Murder Trial Stirs Emotions About Canada’s Relations With Indigenous Population”, The New York Times (9 February 2018), online: <https://www.nytimes.com/2018/02/09/world/canada/canada-saskatchewan-murder-indigenous.html>.
[4] Rachel Giese, “Why Has Colten Boushie’s Mother Had To Work So Hard Just To Prove Her Son’s Humanity?”, (20 February 2018), online: Chatelaine <https://www.chatelaine.com/opinion/colten-boushie-mother/>.
[5] Jason Warick, “The long list of problems Colten Boushie’s family says marred the case”, (13 February 2018), online: CBC News <https://www.cbc.ca/news/canada/saskatoon/colten-boushie-family-list-problems-gerald-stanley-case-1.4532214>.
[11] Kent Roach, “Gerald Stanley and Colten Boushie Case”, (10 February 2020), online: The Canadian Encyclopedia <https://www.thecanadianencyclopedia.ca/en/article/gerald-stanley-and-colten-boushie-case>.
[12] Tasha Hubbard, nîpawistamâsowin: We Will Stand Up (2019).
Public outcry has been swift and loud from First Nations, Albertans and the rest of Canada at the UCP government’s decision to rescind the coal policy protections that have been in place for the last 45 years. Alberta’s vulnerable southeastern slopes in the heart of southern Alberta's water supply are at great risk should international coal firms be given the green light to start mountaintop removal mining of the area’s metallurgical coal. If allowed, this decision would allow open-pit coal mining on the eastern slopes of the Rocky Mountains. [1] These areas have been flagged for decades as needing protections against mining because of the potentially devastating effects on the waterways, wildlife and disruption of backcountry recreations as well as infringements on First Nations’ inherent rights.
Apart from being invasive, mountaintop coal mining strips the soil, vegetation and rock from thousands of hectares of land that eventually see the dumping of the resulting waste into the valleys that reach the natural waterways, destroying and severely disrupting native wildlife. Research has identified these issues, which also include human health risks in addition to environmental risks. Open-pit coal mines are intensive water consumers and generate an incredible amount of toxic waste. The public outcry to these changes has been loud and united in its plea against rescinding the coal policy protections. [2]
Last week the Kainai-Blood Tribe added their voice to the outcry by announcing plans to launch a legal challenge against the Government of Alberta over its decision to unilaterally rescind the 1976 Coal Policy. [3] The Blood Tribe leadership, who had previously faced some backlash from its community members over the issue, had reached an agreement with mining giant Benga last November over its plans to mine in Grassy Mountain and Included in the agreement was a duty to consult with the tribe as mining goes ahead. However, it appears this mutual agreement with Benga over Grassy Mountain coal does not extend to other coal mining proposals now being considered by the Kenney government on the Eastern Slopes. Added to this the general members say they were not consulted at any point and intend to fight and keep up the pressure because each of these foreign owned mining companies has little to no regard for their inherent rights and connections to the land. [4]
Surprisingly, the UCP did a complete 180 and announced they would back down on coal mining and issuing any new leases in the Rockies amid powerful public protest against such action this past Monday. Although this development is considered a victory, it does not mean the fight against coal mining is over especially if the UCP was ready to remove the protection of land in place for over 44 years without consultation, or even a phone call. We suspect it is far from over given the history of this government[5]
Energy Minister Sonya Savage said at Monday’s press conference, "Albertans have spoken loud and clear and we have heard them,“. What the Government of Alberta heard is a collective voice condemning their attempts to disregard our concerns for the environment over dirty money, in an industry that is fast becoming obsolete in favour of more efficient and less invasive energy sources. [6]
Ok so Alberta has essentially said no new exploration leases on the so-called Category 2 lands (most environmentally sensitive areas), but companies with current exploration permits may continue their work. The reinstated policy effectively bans mines where exploration is taking place. This is a relief especially considering that there was little to no consultation with First Nations or ranchers in the area.[7] The local people don’t want the expansion of coal mining as much as the majority of Albertans and Canadians far and wide. “NO MORE COAL MINES.” This is a mantra that is not going anywhere anytime soon.
Until Next Time
Team ReconciliAction YEG
[1]Albertans for Coal Free Rockies, “Coal Mining Threat to the South Eastern Slopes of the Rockies” (3 Jul 2020) online: <ab4coalfreerockies.ca/learn-more/coal-mining-threat-to-the-south-eastern-slopes-of-the-rockies#:~:text=Coal%20Mining%20Threat%20to%20the%20South%20Eastern%20Slopes,door%20to%20intensive%20coal%20development%20in%20the%20region>.
[2] Ibid.
[3] Tom Kalinowski, “ Blood Tribe to launch legal challenge over Coal Policy” Medicine Hat News (2 Feb 2021) online:<medicinehatnews.com/news/southern-alberta-news/2021/02/02/blood-tribe-to-launch-legal-challenge-over-coal-policy/#:~:text=While%20opposed%20to%20coal%20mining%20in%20what%20were,in%20Category%204%20lands%20under%20the%20old%20definitions.>
On January 31st, 2021, Senator Murray Sinclair served his last day as a member of the Senate. Today ReconciliAction YEG would like to celebrate his accomplishments and look forward to the impact he will continue to have as he enters the next phase of his career.
The Honorable Murray Sinclair, or Mizanay (Mizhana) Gheezhik (“The One Who Speaks of Pictures in the Sky”) was born and raised on the former St. Peter's Indian Reserve, north of Winnipeg, Manitoba. He is Ojibwe and is a member of the Peguis First Nation. [1] Sinclair was raised by his grandparents and graduated as valedictorian of his high school class.
Upon graduation, Sinclair returned home to take care of his grandmother for two years before attending university. He enrolled in the Faculty of Law at Robson Hall in 1976, where he continued to receive accolades for high achievement. In 1980, Sinclair was called to the Manitoba Bar. His practice focused on civil and criminal litigation, Indigenous law and human rights.
While he eventually became renowned for his expertise, Sinclair faced racism inside and outside the courtroom for his Indigenous heritage. Sinclair used these experiences to challenge racist stereotypes and advocate for Indigenous peoples by partnering with organizations like the Assembly of Manitoba Chiefs and Manitoba Métis Federation.
After being asked repeatedly, Sinclair first became the first Indigenous judge in Manitoba at age 37. [2] He then became the Associate Chief Justice of the Manitoba Provincial Court, where he commissioned multiple important reports shed light on issues that impacted the lives of marginalized people. In 1999, Justice Sinclair (as he then was) co-commissioned the Aboriginal Justice Inquirywhich inquired into the deaths of Helen Betty Osborne and John Joseph Harper and detailed systemic racism faced by Indigenous peoples. Justice Sinclair also headed the inquiry of the deaths of twelve children in the Pediatric Cardiac Surgery Inquest, which produced its report in 2000. In 2001, Justice Sinclair was then appointed to the Manitoba Court of Queens Bench.
As many readers may know, Justice Sinclair was appointed as Co-Chair of the Truth and Reconciliation Commission (TRC). The Truth and Reconciliation Commission (TRC) was formed by the Canadian government as part of the Residential Schools Settlement Agreement, but the first commission board stepped down in 2008. [3] Sinclair had actually removed his name from the list of potential chairs in 2007, as his grandparents were residential school survivors and he was concerned about the emotional toll of heading the commission.[4] Never one to shy away from a difficult decision, Senator Sinclair agreed to chair the Commission in 2009. As we know, Senator Sinclair took his position as co-chair of the TRC with utmost care and grace, and continues to be vocal about reconciliation and the Calls to Action five years later.
In 2016, the Honorable Murray Sinclair was appointed to the Senate. He is the 16th Indigenous member of the Canadian Senate, and during his tenure remained a fierce advocate for Indigenous peoples. For example, he chaired an investigation into the Thunder Bay Police Services Board in response to systemic racism within the police force in 2017.[5]
So, what’s next for the Honorable Murray Sinclair? He has taken a position as general counsel for the largest Indigenous law firm in Manitoba, Cochrane Saxberg LLP. He hopes to mentor the next generation of lawyers and is also writing his memoir, which will chronicle his truly amazing life story and will no doubt inspire Canadians for generations to come. [6]
Today we will evaluate TRC Call to Action #70, which (spoiler!) we are happy to report has made significant progress. Call to Action # 70 states:
We call upon the federal government to provide funding to the Canadian Association of Archivists to undertake, in collaboration with Aboriginal peoples, a national review of archival policies and best practices to:
Determine the level of compliance with the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations Joinet-Orentlicher Principles, as related to Aboriginal peoples’ inalienable right to know the truth about what happened and why, with regard to human rights violations committed against them in the residential schools.
Produce a report with recommendations for full implementation of these international mechanisms as a reconciliation framework for Canadian archives.[1]
In 2016, the newly formed Standing Committee on Canada’s Archives established the Truth and Reconciliation Task Force (TRC-TF) to undertake the response to Call to Action #70. The federal government provided funding support for this task force in 2018 through a Social Sciences and Humanities Research Council grant. [2]
The TRC-TF released its report “A Reconciliation Framework for Canadian Archives” in summer 2020, after four years of conducting a review of archival policies and best practices in collaboration with Indigenous communities, heritage professionals and organizations across Canada.[3] This new framework is meant to be a collaborative living document, and includes principles and objectives, as well as strategies to work toward those objectives.
The release of this report and the ongoing nature of the task force charged with putting the strategies into practice make the response to this call one of the most thorough we have seen to date. This task force included Indigenous voices and views in the final report and clearly engaged in a very collaborative consultation process. The end result is a positive step toward facing the colonial legacy of Canada’s historical archives. You can read the full report here.
We are assigning a grade of ‘A’ for Call to Action #70. However, as much as we hate to temper a positive moment, it feels prudent to note that this call was not completed by Canada, but rather through the efforts of the TRC-TF (and specifically the grant writers behind the flow of funds, because we all know how laborious grant writing is!). Because of this, we thought the report card should clarify who gets this grade.
Stay tuned tomorrow as we dig into specific archival records pertaining to missing children and burials.
[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).
[2] Government of Canada; Indigenous and Northern Affairs Canada, “Museums and archives”, (23 April 2018), online: <https://www.rcaanc-cirnac.gc.ca/eng/1524504831027/1557513782811>.
[3] “A Reconciliation Framework for Canadian Archives”, (3 August 2020), online: Librarianship.ca <https://librarianship.ca/news/reconciliation-framework-archives/>.
Let us start today with a story. (Point first writing to be continued in another blog post…)
Once upon a time, during the colonization of what we now call Canada, nearly all settler schools were taught with a religious element. These schools were usually Protestant, and the Catholic immigrants as a minority lobbied for the right to receive a Catholic education out of concern that their religion would suffer if not protected. In 1867, this right was enshrined in the British North America Act, which would become Canada’s constitution.[1] As time went on, schools became increasingly non-secular and multi-cultural, but this enshrined right to Catholic education remained.
The intersect between law and dominant societal norms is an interesting place to navigate and requires a lens that is not tinted in the same shade of norm as a dominant society. Roman Catholicism now makes up the largest portion of religious people in Canada at nearly 40% of the population.[2] The next largest group is non-religious people who make up nearly 25% of Canada’s population.[3] The remaining population in Canada practice among other forms of Christianity, Islamic, Sikhism, Hinduism, Buddhism, Judaism or other types of religion.[4]
But wait….
*record scratch**freeze frame*
(blogs not having sound effects is probably how TikTok happened)
This is from the 2011 census, which as we have discussed on this blog several times, did not include Indigenous data. We know that around 60% of Canada is not Catholic, and we know that Catholic education was enshrined in the Canadian constitution to protect Catholicism as a minority religion. This enshrined right appears to have been effective since Catholics are now the largest denominational group in Canada. A lot has happened since 1867 though, for instance, we have started to legally recognize women, Indigenous people, disabled, LGBTQ2S+ people as actual people with human rights equivalent to the typical Protestant white male from 1867 for whom the constitution was intended. Those pesky societal norms are still catching up to these changes, but perhaps we can look to Catholicism as the success story of what can happen when minority rights are protected?
Let us now arrive at the point. TRC Call to Action #64 calls on all levels of government that provide public funds to denominational schools to require such schools to provide an education on comparative religious studies, and specifically content covering Indigenous spiritual beliefs and practices developed in collaboration with Elders.[5]
Today, nine provinces have maintained an education model that continues to fund Catholic education separately from non-denominational education. Newfoundland and Labrador switched entirely to non-denominational public schooling after a 1997 referendum on the matter, and Quebec halted funding to denominational schools that same year.[6] The matter of using public funding for religious and private schools has been hotly debated for many years, but have any provinces required the religious schools they fund to teach comparative religion courses that include Indigenous teachings?
Not really.
Canada, the source of the originating enshrinement guaranteeing religious education, says they are not the lead on this Call to Action.[7] BC has stated that religious schools are required to follow the BC curriculum, but has not mandated a specific Indigenous comparative religion course.[8] In Ontario, where the funding of only Catholic education resulted in a lawsuit and condemnation by the United Nations, not much has been said about addressing comparative religious study.[9] Alberta, home of ReconciliAction YEG, recently leaked some embarrassing panel recommendations as discussed in yesterday’s blog post, that would effectively remove any education about residential schools and Indigenous learning from the Alberta curriculum for certain grades. This would suggest that Alberta is not concerned about responding to Call #64. We will spare you a list of every province, and provide our assessment – we assign the provinces and Canada a grade of F.
Let us know what you think about public funding for denominational schools, and whether they should be required to teach comparative religious studies.
[1]British North America Act, 1867, Department of Justice Government of Canada, 3 November 1999, 30-31 Vict, c 3 (UK) [British North America Act, 1867,], s 93.
[2] Statistics Canada, Immigration and ethnocultural diversity in Canada: National Household Survey, 2011, by Tina Choui, Catalogue no. 99-010-X2011001 (Ottawa: Statistics Canada, 2013) at 21.
[5] 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 331.
[6] Michael Coren, “Why Are We Still Paying for Catholic Schools?”, (6 January 2020), online: The Walrus <https://thewalrus.ca/why-are-we-still-paying-for-catholic-schools/>.
[7] Government of Canada, “Education for reconciliation”, (23 April 2018), online: <https://www.rcaanc-cirnac.gc.ca/eng/1524504501233/1557513602139>.
[8] British Columbia Ministry of Education, Ministry of Education Report on Actions Taken To Support Truth and Reconciliation Commission of Canada’s Calls to Action.
[9] CBC Radio, “It’s time to end public funding of Catholic schools”, (16 June 2017), online: CBC Radio <https://www.cbc.ca/radio/the180/stop-funding-catholic-schools-restore-trust-in-the-neb-and-let-me-change-my-name-1.4162978/it-s-time-to-end-public-funding-of-catholic-schools-1.4163049>.
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