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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: 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)

Let Loose the Dogs of Yukon Heritage Day!

If we were to ask any non-Canadian what they know about Heritage Day, we would likely be met with a look of confusion. Truth be told, if we were to ask any Canadian the same question, it is likely that they might only know their province's version of it. Here in Alberta, where it is celebrated in August, it is often simply referred to as “August Long”, and frequently used to camp or travel.

Many provinces celebrate Heritage Day on the third Monday of February. It was originally created in 1973 by the Heritage Canada Foundation¹ and was intended to be a national holiday. Due to Parliamentary shenanigans, this national holiday failed to be passed into law, so many of the provinces celebrated however they pleased. For some of them, it meant doing nothing until some time later, when they enacted their own provincial statutes to establish the holiday.

Yukon Territory, on the other hand, was an early adopter. In 1975, Yukon had assumed that Parliament would pass the Bill to establish a National Heritage Day. In response, the territory established their own Heritage Day on the Friday preceding the last Sunday in February. Further, they wrote the holiday into the union contract for territorial employees². With the new law in place and the contract ratified, the holiday could not be easily removed. Consequently, many non-government employees in the Yukon also now enjoy the holiday.

Whitehorse, the capital of Yukon Territory hosts the week-long “Yukon Sourdough Rendezvous”, which is a festival with something for literally everyone. Based on the names and descriptions alone, our favourites include the Chainsaw Chuck (not to be confused with the Axe Throw later in the day), the Hair Freezing Contest (sponsored by a local hot tub company), and various dogsled-related events, culminating in a Dog Howling Contest.

We love that this holiday and its accompanying festival showcase one of the best things about Canada. As Canadians, we can all relate not only because we like to have fun, but also that we have a habit of poking a little fun at ourselves. The great people of Yukon Territory have done a great job of finding the perfect balance of recognizing and celebrating their unique culture, while having some lighthearted fun.

For those of us unable to make the trip to Whitehorse this weekend, Heritage Yukon invites those of us who use social media to use the hashtag #mycanadais to help celebrate the 150th anniversary of this diverse country that we share.

 

¹ “Heritage Day: Canadian Holiday” in Encyclopaedia Britannica (Encyclopaedia Britannica: 2017) online: <https://www.britannica.com/topic/Heritage-Day-Canadian-holiday>.
² Gail Kudelik, “Provincial and Territorial Holidays” in Canadian Encyclopedia (Historica Canada: 2015) online: <www.thecanadianencyclopedia.ca/en/article/provincial-and-territorial-holidays>.

Goodbye Deirdre, Hello Allison!

We are excited to introduce our newest member of the team, Allison Numerow. She will be attempting to replace the irreplaceable Deirdre Fleming as the fifth member of the Law and Social Media team. Allison is a second-year student here at the University of Alberta Faculty of Law. As a 20-something born into the age of technology, she is eager to use social media to connect readers to topics relevant to the Constitution and to continue to develop her research and writing skills. She’s excited to join the other bloggers and bring you thought-provoking and creative posts every day!

Born and raised in Calgary, Allison left Texas of the North when she turned 18 to attend McGill University. There she achieved a Bachelor of Arts in Psychology. During her four years in Montreal, she worked in two music cognition laboratories, running experiments on willing victims… I mean students. She conducted experiments on both how babies respond to musical stimuli and dance, as well as the effects that different types of music had on neutral visual stimuli. Outside of classes Allison was a member of a pop music a cappella ensemble because she wanted her life to resemble Pitch Perfect (and still does!).

In the final year of her degree, Allison realized that her education would, of course, require more education. Hence, after graduation she found herself at U of A Law. Allison used her first year at the U of A to educate herself both on the law as well as contemporary issues in the legal world. As she soon discovered, Constitutional Law was her favourite class. Law and Social Media provides a platform for Allison to explore the Constitution and its impact on current issues, evolving case law, and other relevant topics. As a classically trained singer and Harry Potter “nerd”, she is excited to combine her interests with the Constitution. This semester, she will explore popular music from 1867, as well as the potential constitutional issues in some of the laws of the magical wizarding world, to name a few. She will also explore other important and up-and-coming topics including drones and Dolly the Sheep.

When she isn’t watching the Bachelor, Allison is busy working on her colour-by-numbers colouring book. Her friends and family say she’s too old for such hobbies, but she insists that when you have no artistic ability, creative assistance is necessary.

The NFL, concussions and playing through it

I recently finished reading Mark Fainaru-Wada and Steve Fainaru’s excellent League of Denial, which tells the story of how the NFL has dealt with the concern that playing pro-football caused brain injuries that likely resulted in the deaths, some by suicide, of a number of retired NFL players. (Spoiler alert: the NFL dealt with it much like Big Tobacco dealt with the link between smoking and lung cancer, including co-opting academic researchers with big research grants). On January 14, Judge Anita Brody denied preliminary approval of a $765 million settlement of a consolidated lawsuit brought by former players and their families. 

Although the NFL continues to claim that a causal link between football and chronic traumatic encephalopathy (CTE) hasn’t been proven, notwithstanding that 25of 26 brains of deceased football players examined showed evidence of CTE, the League has taken steps to educate players about the dangers of concussion injuries and to reduce the number of players returning to the field after a possible concussion.

While these steps are important, changing the culture of football will take more than hanging a poster in the locker room. Football players are tough and, as League of Denial describes, toughness will sometimes be the difference between being naturally talented and playing football for a living. More generally, playing through pain and injury, sacrificing one’s body and (occasionally) soul for the greater glory of the team, is a large part of the appeal for sports fans. Kirk Gibson hitting a walk-off home run in Game One of the 1988 World Series with injuries to both legs. Kerri Strug completing a vault with a broken ankle in the 1996 Olympics, securing gold for the US Women’s team.  But there is a certain egoism at work here too. The idea that your team can’t win without you. There may be times when this is true, as in Strug’s case. Could the Red Sox have won the World Series without David Ortiz? Maybe not. But did keeping Hanley Ramirez in the line-up with a fractured rib really improve the Dodger’s chances against the Cardinals in the National League Championship? Doubtful. So, yes, playing through injury is part and parcel of competing in elite sports. But playing through any injury in any game is not. There must be a sense of when the risk of permanent injury is too great an individual price to pay and it's time to let your teammates do the job. Being an athlete is risky, certainly more risky than being a law professor, and that’s ok. But that doesn’t mean that sports’ governing bodies, both professional and amateur, don’t have a social and moral responsibility to minimize those risks within the parameters of the game. But they can’t do it without fans also shifting their own attitudes that athletes are ‘soft’ if they don’t play through it.

Time to Rethink the Ban on PEDs in Major League Baseball?

“It pays to cheat, at least in Jhonny Peralta's case” was Fox Sports’ Senior MLB Writer Ken Rosenthal’s opinion, after Peralta signed a four-year, $53 million contract with the St Louis Cardinals. Earlier this year, Peralta, as a Detroit Tiger, was one of thirteen players who took a 50 game suspension for using banned performance enhancing drugs (PEDs). A-Rod was the only player who refused to take the deal. That saga is ongoing.

Rosenthal’s headline implies that Peralta is being rewarded for cheating. But by accepting the suspension, Peralta admitted to using PEDs, so the Cards can’t claim they were tricked or deceived – they clearly think Peralta will be a valuable player without PEDs. And, as Rosenthal acknowledges, Peralta has served his suspension, paying his debt to MLB and its fans, and is entitled to move on. It is interesting to note that most Tigers fans agreed and didn’t seek to punish Peralta when he returned to the Tigers for the post-season. Rosenthal’s concern, shared by others, is that a 50 game suspension will not be enough to deter future PED use if the sting of a suspension is not going to hurt a player’s value going forward.

But why the concern about deterring future PED use? The answer can’t be that it’s cheating – it’s cheating because it’s currently against the rules. The question this baseball fan has been asking herself since the Biogenesis scandal broke is what is the principle behind banning PEDs? I don’t think it can be some vague notion about the purity of the game. Baseball is a multi-billion dollar industry; this is not “raw talent” alone that we’re watching. And that’s okay – it’s not called The Show for nothing. The only principle that seems at all sound is a principle of player safety. But then the question becomes whether a ban is the best way to respect this principle. In a 2004 article, in the British Journal of Sports Medicine, Savulescu, Foddy & Clayton argue in favour of testing for health of professional and Olympic athletes, rather than for PEDs. Perhaps if MLB players understood that their health, not their stats, was the priority, they wouldn’t have the same incentive to take PEDs in the first place.

Swami says...

Detroit in a 7 game classic.

Brown the New Swami

I have become the Hillary Clinton of playoff hockey picks (the first and second rounds must be included) to Russ's Obama (sorry Russ, this analogy must be very hard for you) who scored 4-4 in the last round (the only round that counts). Eric is Mike Dukakis (but he is not even in the race....exactly!)

I am 9-3; Russ is 8-4; and Eric is 7-5 but who's counting (oh yeah, I am). The overall swami predicts

P is for Pittsburgh

D is for Detroit

(uncharacteristically unadventurous picks)

Gentlemen?

Second Round Swami Speaks

Given my colleagues (who shall go unmentioned) who were 4-4 and 5-3 in their first round picks (I went 6-2), it behooves me to let you know who will win in the second round (and why):

Dallas over San Jose  [they looked good aginst the Ducks; San Jose was inconsistent]

Detroit over Colorado [Red Wings are too good]

Rangers over Pittsburgh [the goalie thing]

and, you heard it hear first...

Flyers over Habs [because I said so]

All series will last 6 games.

2008 Blue Jays: Movin' On Up in the AL East side?

Another baseball season has begun and, once again, the Yankees and Red Sox with their gazillion dollar payrolls appear destined to divy up a penant and wild card; and again, the Blue Jays appear poised to play bridesmaid:  each year trying to look a little bit prettier but still not quite making it. 

Or is this year different?  I watched two of the three games at Yankee stadium this week, and my early assessment is the starting pitching is much stronger this year (with the coming of age of Marcum and McGowan).  The key will be whether the Jays can cash in runners on base.  This will turn on whether a healthy Vernon Wells and an aging Frank Thomas can produce in the 3-4 position.  So far, this has not been encouraging.

But I still say, the Yankees will stumble, and the Jays will grab a wild card.. I say this of course knowing that I can erase my post come September ....or August .......or July]

Anyone else upset, like myself, about the release by the Blue Jays of Reed Johnson? He is a gutsy player who came up with a lot of clutch hits and catches during his brief stint with the Jays.  Good luck to him, and the Cubs, this year!

 

More on NBA referee gambling scandal

Justin Wolfers, professor at the Wharton School at the University of Pennsylvania, has a fascinating op-ed in the NY Times today about the NBA referree gambling scandal. As many have argued before with respect to gambling and other consensual "vice" crimes, he suggests that the best way to deter gambling-inspired game manipulation is to legalize and regulate sports betting. I think he's right, but I'm betting that neither NBA Commissioner David Stern nor governments will take him up on his suggestion.