Notes

Introduction

1. TRC, AVS, Alma Mann Scott, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 17 June 2010, Statement Number: 02-MB-16JU10-016.

2. Media coverage of the call for an inquiry on missing and murdered Aboriginal women has been extensive. See, for example, CBC News, “Women’s Memorial March”; CBC News, “Murdered and Missing”; and Coates, “Aboriginal Women.” On economic development issues, see, for example, Lewis, “TransCanada CEO”; Schwartz and Gollom, “NB Fracking Protests”; and MacDonald, “Shale Gas Conflict.”

3. On the role of the courts in Aboriginal rights and reconciliation, see Brean, “‘Reconciliation’ with First Nations.” On Aboriginal rights cases, see, for example, CBC News, “6 Landmark Rulings.” On day schools litigation, see, for example, CBC News, “Residential School Day Scholars”; and Moore, “Federal Appeal Court.” On Sixties Scoop legislation, see, for example, CBC News, “Sixties Scoop Case”; and Mehta, “‘Sixties Scoop’ Class-Action.”

4. Miller, Lethal Legacy, vi.

5. TRC, AVS, Mary Deleary, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

6. TRC, AVS, Archie Little, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 13 April 2012, Statement Number: SP135.

7. McKay, “Expanding the Dialogue,” 107. McKay was the first Aboriginal moderator of the United Church of Canada (1992–1994).

8. TRC, AVS, Jessica Bolduc, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 30 March 2014, Statement Number: ABNE401.

9. Truth and Reconciliation Commission of Canada, Educating Our Youth.

10. TRC, AVS, Patsy George, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 21 September 2013, Statement Number: BCNE404.

11. TRC, AVS, Dave Courchene, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 25 June 2014, Statement Number: SE048.

12. For the mandate of the Commission, see Indian Residential Schools Settlement Agreement, “Schedule N.” In accordance with the TRC’s mandate, the Commission was required to recognize “the significance of Aboriginal oral and legal traditions in its activities,” as per Schedule N, 4(d); and to “witness, support, promote and facilitate truth and reconciliation events at both the national and community levels,” as per Schedule N, 1(c). The term witness “refers to the Aboriginal principle of ‘witnessing,’” as per Schedule N, 1(c), n1.

Aboriginal oral history, legal traditions, and the principle of witnessing have deep historical roots and contemporary relevance for reconciliation. Indigenous law was used to resolve family and community conflict, to establish Treaties among various Indigenous nations, and to negotiate nation-to-nation Treaties with the Crown. For a comprehensive history of Aboriginal–Crown Treaty making from contact to the present, see Miller, Compact, Contract, Covenant. The Aboriginal principle of witnessing varies among First Nations, Métis, and Inuit peoples. Generally speaking, witnesses are called to be the keepers of history when an event of historic significance occurs. Through witnessing, the event or work that is undertaken is validated and provided legitimacy. The work could not take place without honoured and respected guests to witness it. Witnesses are asked to store and care for the history they witness and to share it with their own people when they return home. For Aboriginal peoples, the act of witnessing these events comes with a great responsibility to remember all the details and be able to recount them accurately as the foundation of oral histories. See Qwul’sih’yah’maht (Thomas), “Honouring the Oral Traditions,” 243–244.

13. TRC, AVS, Jim Dumont, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

14. TRC, AVS, Wilfred Whitehawk, Statement to the Truth and Reconciliation Commission of Canada, Key First Nation, Saskatchewan, 21 January 2012, Statement Number: SP039.

15. TRC, AVS, Vitaline Elsie Jenner, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: 02-MB-16JU10-131.

16. TRC, AVS, Daniel Elliot, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 13 April 2012, Statement Number: SP135.

17. TRC, AVS, Clement Chartier, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2013, Statement Number: SNE202.

18. TRC, AVS, Steven Point, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 20 September 2013, Statement Number: BCNE304.

19. TRC, AVS, Merle Nisley, Statement to the Truth and Reconciliation Commission of Canada, Thunder Bay, Ontario, 14 December 2011, Statement Number: 2011-4199.

20. TRC, AVS, Tom Cavanaugh, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 14 April 2012, Statement Number: SP137.

21. TRC, AVS, Ina Seitcher, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 14 April 2012, Statement Number: SP136.

22. TRC, AVS, Evelyn Brockwood, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 18 June 2010, Statement Number: SC110.

23. Indian Residential Schools Settlement Agreement, “Schedule N,” Principles, 1.

24. Johnston, “Aboriginal Traditions.”

25. TRC, AVS, Barney Williams, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

26. TRC, AVS, Stephen Augustine, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 25 June 2014, Statement Number: SE048.

27. TRC, AVS, Reg Crowshoe, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

28. TRC, AVS, Kirby Littletent, Statement to the Truth and Reconciliation Commission of Canada, Regina, Saskatchewan, 16 January 2012, Statement Number: SP035.

29. TRC, AVS, Simone (last name not provided), Statement to Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 1 July 2011, Statement Number: SC092.

30. TRC, AVS, Patrick Etherington, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 17 June 2010, Statement Number: SC108.

31. TRC, AVS, Maxine Lacorne, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 29 June 2011, Statement Number: SC090.

32. TRC, AVS, Barney Williams, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 21 September 2013, Statement Number: BCNE404.

33. TRC, AVS, Honourable Chuck Strahl, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: SC093.

34. TRC, AVS, Archbishop Fred Hiltz, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 1 July 2011, Statement Number: NNE402.

35. TRC, AVS, Anonymous, Statement to the Truth and Reconciliation Commission of Canada, Regina, Saskatchewan, 17 January 2012, Statement Number: SP036.

The challenge of reconciliation

1. TRC, AVS, Ian Campbell, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 25 June 2014, Statement Number: SE048.

2. Canada, Debates of the Senate (Hansard), 2nd Session, 40th Parliament, volume 146, issue 45, 11 June 2009.

3. Miller, Lethal Legacy, 165.

4. For various perspectives on the events at Oka, see, for example, Alfred, Heeding the Voices; Pertusati, In Defense of Mohawk Land; Miller, Lethal Legacy; and Simpson and Ladner, editors, This Is an Honour Song.

5. On the place of media in shaping popular opinion on the role of warriors in conflicts with the state, see Valaskakis, “Rights and Warriors.” On warriors and warrior societies in contemporary Indigenous communities, see Alfred and Lowe, “Warrior Societies.”

6. Prime Minister Brian Mulroney to Tony Penikett, Government Leader, Government of the Yukon Territory, 15 November 1990, and to Dennis Patterson, Government Leader, Government of the Northwest Territories, 15 November 1990, PCO 2150-1, Identification Number 34788, TRC Document Number TRC3379.

7. Canada, Royal Commission on Aboriginal Peoples, Report, volume 5, 2–3, emphasis in original.

8. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, 675–697.

9. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, part 1, chapter 7, 229.

10. Canada, Minister of Indian Affairs and Northern Development, “Gathering Strength.”

11. A copy of the “Statement of Reconciliation” is available in Younging, Dewar, and DeGagné, editors, Response, Responsibility, and Renewal, 353–355.

12. Assembly of First Nations, “Royal Commission on Aboriginal Peoples at 10 Years,” 2.

13. Eyford, “New Direction,” 3, 5.

14. Canada, Aboriginal Affairs and Northern Development Canada, “Renewing the Comprehensive Land Claims Policy.”

15. Eyford, “New Direction,” 29.

16. Eyford, “New Direction,” 35.

17. Eyford, “New Direction,” 80.

18. United Nations, Declaration on the Rights of Indigenous Peoples, Article 43.

19. Anaya, “Right of Indigenous Peoples,” 196.

20. Canada, Aboriginal Affairs and Northern Development Canada, “Canada’s Statement of Support.”

21. Canada, Aboriginal Affairs and Northern Development Canada, “Canada’s Statement of Support.”

22. United Nations General Assembly, “Outcome Document.”

23. Canada, Permanent Mission of Canada to the United Nations, “Canada’s Statement on the World Conference.”

24. Amnesty International Canada et al., “Canada Uses World Conference.”

25. John, “Survival, Dignity, Well-Being,” 58. Grand Chief John, an executive member of the First Nations Summit Task Group in British Columbia, participated in the development of the Declaration. He is a former co-chair of the North American Indigenous Peoples Caucus and will serve as a North American representative to the United Nations Permanent Forum on Indigenous Issues until 2016. See First Nations Summit, “Grand Chief Edward John.”

26. Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, para. 73.

27. Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, para. 97.

28. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, chapter 16, 695.

29. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, 696, Recommendation 1.16.2.

30. TRC, AVS, Sol Sanderson, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 17 June 2010, Statement Number: SC108.

31. Reid, “Roman Catholic Foundations,” 5.

32. The Permanent Observer Mission of the Holy See explains its role and function at the United Nations as follows: “The Holy See . . . is the central government of the Roman Catholic Church. As such, the Holy See is an institution, which under international law and in practice, has a legal personality that allows it to enter into treaties as the juridical equal of a State. . . . The Holy See maintains full diplomatic relations with one hundred seventy-seven (177) countries out of the one hundred ninety-three (193) member countries of the UN. . . . The Holy See enjoys by its own choice the status of Permanent Observer at the United Nations, rather than of a full Member. This is due primarily to the desire of the Holy See to obtain absolute neutrality in specific political problems” (emphasis in original). See United Nations Permanent Observer Mission of the Holy See, “Short History.”

33. United Nations Permanent Observer Mission of the Holy See, “Statement to Economic and Social Council.”

34. For example, in a study of how the doctrine was used to justify colonization, American legal scholar Robert A. Williams Jr. observed that the United States Supreme Court decision issued by Chief Justice John Marshall in 1823 in the case of Johnson v. McIntosh 21 US 543 (1823) “represents the most influential legal opinion on indigenous peoples’ human rights ever issued by a court of law in the Western world. All the major English-language-speaking settler states adopted Marshall’s understanding of the Doctrine of Discovery and its principle that the first European discoverer of lands occupied by non-Christian tribal savages could claim a superior right to those lands under the European Law of Nations. Canada, Australia, and New Zealand all followed Marshall’s opinion as a precedent for their domestic law on indigenous peoples’ inferior rights to property and control over their ancestral lands.” Williams, Savage Anxieties, 224. See also Williams, American Indian; Miller et al., Discovering Indigenous Lands; and Newcomb, Pagans in the Promised Land.

35. United Nations Permanent Forum on Indigenous Issues, “Study on the Impacts of the Doctrine.”

36. Anglican Church of Canada, “Resolution A086 R1.”

37. Sison, “Primate’s Commission.” See also Anglican Church of Canada, “Message to the Church”; and Anglican Church of Canada, “Learning to Call.”

38. World Council of Churches, “What Is the World Council of Churches?” Settlement Agreement signatories the Anglican Church of Canada, the Presbyterian Church in Canada, and the United Church of Canada are members of the WCC.

39. World Council of Churches, “Statement on the Doctrine of Discovery.”

40. United Church of Canada, Executive of the General Council, “Meeting Summary.”

41. Assembly of First Nations et al., “Doctrine of Discovery.”

42. United Nations Permanent Forum on Indigenous Issues, “Study on the Impacts,” para. 13. For the views of the court on the need for reconciliation, John cited Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, para. 20. On the need for courts to take judicial notice of the impacts of colonialism, residential schools, and displacement, John cited R. v. Ipeelee, 2012 SCC 13, para. 60.

43. Onondaga Nation, “Oren Lyons Presents.” Article 7, paragraph 2, of the Declaration affirms that “Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.”

44. Miller, Compact, Contract, Covenant, 283–284.

45. Kelly, “Confession,” 22–23.

46. See, for example, Treaty 7 Tribal Council et al., True Spirit; Miller, Compact, Contract, Covenant; and Ray, Miller, and Tough, Bounty and Benevolence.

47. The Treaty commissions in Ontario, Saskatchewan, and Manitoba have developed public education programs and materials designed to teach Canadians, particularly children and youth, about the Treaties. See, for example, Treaty Relations Commission of Manitoba, “Public Education.”

48. Borrows, “Wampum at Niagara,” 160–161.

49. Miller, Compact, Contract, Covenant, 72.

50. Captain Thomas G. Anderson, “Report on the Affairs of the Indians of Canada, Section III,” appendix 95 in Appt. T of the Journals of the Legislative Assembly of Canada, volume 6 (1818), cited in Borrows, “Wampum at Niagara,” 166.

51. Cited in Borrows, “Wampum at Niagara,” 167–168.

52. Johnston, “Symposium in Honour.”

53. First Nations Summit, “Royal Proclamation Still Relevant.”

54. Cited in Rennie, “Idle No More Protestors.” For more on the Idle No More movement, see Kino-nda-niimi Collective, Winter We Danced.

55. Legal scholar Robert A. Williams Jr. explains the Gus-Wen-Tah, or Two-Row Wampum, as “a sacred treaty belt . . . comprised of a bed of white wampum shell beads symbolizing the sacredness and purity of the treaty agreement between the two sides. Two parallel rows of purple wampum beads that extend down the length of the belt represent the separate paths travelled by the two sides on the same river. Each side travels in its own vessel: the Indians in a birch bark canoe, representing their laws, customs, and ways, and the whites in a ship, representing their laws, customs, and ways.” Williams, Linking Arms Together, 4.

56. Cited in BasicNews.ca, “Two-Row Wampum.”

57. Williams, Linking Arms Together, 119.

58. Borrows, Canada’s Indigenous Constitution, 76.

59. Assembly of First Nations, “Silver Covenant Chain.”

60. Williams, Linking Arms Together, 5–6.

61. See, for example, Borrows, Recovering Canada, 13; Miller, Compact, Contract, Covenant, 283–309; and Williams, Linking Arms Together, 1–13.

62. Aboriginal Rights Coalition, New Covenant.

63. Aboriginal Rights Coalition, New Covenant. The signatories to the covenant were the Anglican Church of Canada, Canadian Conference of Catholic Bishops, Council of Christian Reformed Churches in Canada, Evangelical Lutheran Church in Canada, Mennonite Central Committee Canada, Presbyterian Church in Canada, Religious Society of Friends (Quakers) in Canada, Oblate Conference of Canada, and United Church of Canada.

64. Anglican Church of Canada, “Submission by the Anglican Church”; Canadian Conference of Catholic Bishops, “Let Justice Flow”; Aboriginal Rights Coalition, “Recommendations to the Royal Commission.”

65. Anglican Church of Canada, “Canadian Churches.”

Indigenous law: Truth, reconciliation, and access to justice

1. Borrows, Canada’s Indigenous Constitution, 11.

2. Borrows, Canada’s Indigenous Constitution, 129–130.

3. TRC, AVS, Reg Crowshoe, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

4. Napoleon, “Thinking about Indigenous Legal Orders,” 230.

5. United Nations, Declaration on the Rights of Indigenous Peoples, Article 40.

6. United Nations Expert Mechanism on the Rights of Indigenous Peoples, “Access to Justice,” 22–24.

7. United Nations Expert Mechanism on the Rights of Indigenous Peoples, “Access to Justice,” 6, 8, 22–4.

8. Anaya, “Report of the Special Rapporteur,” 13, 20.

9. See, for example, Borrows, Canada’s Indigenous Constitution.

10. Canada, Royal Commission on Aboriginal Peoples, Highlights from the Report.

11. TRC, AVS, Stephen Augustine, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

12. Royal Commission on Aboriginal Peoples, Report, volume 4, chapter 2.

13. Green, “Balancing Strategies,” 153, emphasis in original.

14. See, for example, Gabriel, “Aboriginal Women’s Movement”; McKay and Benjamin, “Vision for Fulfilling”; Borrows, “Aboriginal and Treaty Rights.”

15. Articles 21 and 22 of the UN Declaration on the Rights of Indigenous Peoples also affirm and protect the rights and interests of Elders, children and youth, and persons with disabilities.

16. Borrows, “Aboriginal and Treaty Rights.”

17. LaRocque, “Colonization of a Native Woman,” 401.

18. Anderson, “Affirmations of an Indigenous Feminist,” 88.

19. Snyder, “Gender and Indigenous Law,” 19–20. See also Snyder, “Indigenous Feminist Legal Theory.”

20. Snyder, “Gender and Indigenous Law,” 19–20.

21. The Haudenosaunee, more commonly known as Iroquois or Six Nations, are a confederacy of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora Nations.

22. Jennings et al., editors, History and Culture, 18–21.

23. Foster, “Another Look,” 110.

24. Mohawk scholar Taiaiake Alfred writes, “Condolence cannot happen if we are all in grief. The healthy ones, the bright-eyed ones, must accept their responsibility to restore those in grief, temporarily in dysfunction, so to speak, to health, to accept, recognize, restore, ameliorate, admonish, and provide the new mentor, model and inspiration.” Alfred, Wasáse, 79–80, citing Rarihokwats to Alfred, personal communication, 2003.

25. “Treaty of Peace, between the French, the Iroquois, and Other Nations,” reprinted in Jennings et al., History and Culture, 137–144.

26. Williams, Linking Arms Together, 76.

27. Williams, Linking Arms Together, 55–56.

28. Foley, “Iroquois Mourning,” 31.

29. Alfred explains that Rotinoshonni are “the people of the longhouse . . . referring to the people of what is commonly known as the Six Nations, or Iroquois Confederacy.” Alfred, Wasáse, 288.

30. Alfred, Peace, Power, Righteousness, xii.

31. Monet, “Mohawk Women Integrate.”

32. Borrows, Canada’s Indigenous Constitution, 76.

33. Cardinal and Hildebrandt, Treaty Elders of Saskatchewan, 14.

34. Black Elk and Neihardt, Black Elk Speaks, 121.

35. Cardinal and Hildebrandt, Treaty Elders of Saskatchewan, 15.

36. Cardinal and Hildebrandt, Treaty Elders of Saskatchewan, 16; Friedland, “Witeko (Windigo) Legal Principles,” 93–96.

37. Muskeg Lake Cree Nation, “Nêhiyaw Wiyasowêwina (Cree Law).”

38. Napoleon et al., Mikomosis and the Wetiko.

39. Napoleon et al., Mikomosis and the Wetiko, 21.

40. Snyder et al., Mikomosis and the Wetiko: A Teaching Guide, 22–24, 81–83.

41. For a discussion of Inuit traditional law aimed at societal safety, see generally Oosten, Laugrand, and Rasing, editors, Interviewing Inuit Elders.

42. Bennett and Rowley, editors, Uqalurait, 131.

43. For contemporary chronicles of Inuit traditions related to conflict and resolution, see Hunhdorf, “‘Atanarjuat, the Fast Runner.’” See also Kreelak, director, Kikkik E1-472.

44. The living nature of Inuit tradition is often demonstrated in Nunavut legislation. For example, the preamble of the Nunavut Family Abuse Intervention Act SNu 2006, chapter 18, describes Inuit tradition as follows:

Recognizing that the values and cultures of Nunavummiut and the guiding principles and concepts of Inuit Qaujimajatuqangit reflect the right of every individual in Nunavut to a full and productive life, free from harm and fear of harm; Recognizing that family abuse continues to be a serious problem in Nunavut; Stressing the importance of inuuqatigiitsiarniq, which means respecting others, relationships and caring for people, and tunnganarniq, which means fostering good spirit by being open, welcoming and inclusive;

Affirming the commitment of the Government of Nunavut to pijitsirniq, which means serving and providing for families and communities;

Incorporating and encouraging qanuqtuurniq, which means being innovative and resourceful.

45. James Muckpah, Tununirmiut, 1979, cited in Bennett and Rowley, editors, Uqalurait, 99.

46. Hubert Amarualik, Amiiturmiut, cited in Bennett and Rowley, editors, Uqalurait, 99, 394.

47. Jose Angutingurniq, Arviligjuarmiut, cited in Bennett and Rowley, editors, Uqalurait, 99, 100.

48. For a discussion of process pluralism from a feminist perspective, see Menkel-Meadow, “Peace and Justice.”

49. Bennett and Rowley, editors, Uqalurait, 99.

50. Such a display of emotion by wrongdoers in response to the harm they caused is remarkable given the need among Inuit to attenuate emotional displays in other settings. See Briggs, “Emotions Have Many Faces”; and Pauktuutit Inuit Women of Canada, Inuit Way, 38.

51. Bennett and Rowley, editors, Uqalurait, 99.

52. Pauktuutit Inuit Women of Canada, Inuit Way, 9.

53. Battiste, Honouring 400 Years Kepmite’tmnej, 2, 6.

54. Henderson, Mi’Kmaw Concordat; Henderson, “Ayukpachi,” 264–265.

55. Henderson, “First Nations’ Legal Inheritances,” 12.

56. Prosper et al., “Returning to Netukulimk,” 1.

57. Metallic and Cavanaugh, “Mi’gmewey ‘Politics.’”

58. Borrows, Mayer, and Mi’kmaq Legal Services Network, Eskasoni, “Mi’kmaq Legal Traditions Report,” 7. See also First Voices, “Mikmaw Community Portal.”

59. Borrows, Mayer, and Mi’kmaq Legal Services Network, Eskasoni, “Mi’kmaq Legal Traditions Report,” 11–33.

60. Barkwell, Carriere Acco, and Rozyk, “Origins of Metis Customary Law,” 12–14. See also Borrows, Canada’s Indigenous Constitution, 87.

61. Barkwell, Carriere Acco, and Rozyk,, “Origins of Metis Customary Law,” 9, 16.

62. Barkwell, Carriere Acco, and Rozyk, “Origins of Metis Customary Law,” 17.

63. Barkwell, Carriere Acco, and Rozyk, “Origins of Metis Customary Law,” 10.

64. Law Commission of Canada, Justice Within, at 2:43–4:20 mins.

65. Métis National Council, “Proceedings from ‘Nobody’s Children.’” For more on the Métis experience at residential schools, see Chartrand, Logan, and Daniels, Métis History and Experience.

66. Métis National Council, “Proceedings from ‘Nobody’s Children,’” 24.

67. Métis National Council, “Proceedings from ‘Nobody’s Children,’” 31–32.

68. Métis National Council, “Proceedings from ‘Nobody’s Children,’” 43.

69. Ghostkeeper, “Weche Teachings,” 162.

70. Ghostkeeper, “Weche Teachings,” 165.

71. Teslin Tlingit Council, “Constitution.”

72. For the Peacemaker Court and Justice Council Act (2011) and other important Tlingit legislation, see Teslin Tlingit Council, “Legislation.”

73. For clan information, see Teslin Tlingit Council, “Our Clans”; Teslin Tlingit Council, “Clan Based Governance”; and Teslin Tlingit Council, “Government Organization Chart.”

74. Peacemaker Court and Justice Council Act (2011).

75. Johnston, “Aboriginal Traditions.”

76. Benton-Benai, Mishomis Book; Simpson and Manitowabi, “Theorizing Resurgence”; Edna Manitowabi, “Grandmother Teachings,” cited in Simpson, Dancing on Our Turtle’s Back, 35–44.

77. Johnston, Ojibway Ceremonies.

78. Borrows, “Seven Generations, Seven Teachings,” 11.

79. Miller, Compact, Contract, Covenant, 33–65; Borrows, “Wampum at Niagara,” 155.

80. Johnston, Ojibwe Ceremonies. On the use of tobacco in ceremonies, see Native Women’s Centre, Traditional Teachings Handbook.

81. Johnston, Ojibway Ceremonies, 44.

82. Johnston, Honour Earth Mother, 51–52.

83. Cardinal and Hildebrandt, Treaty Elders of Saskatchewan; Office of the Treaty Commissioner, Treaty Implementation; Ray, Miller, and Tough, Bounty and Benevolence.

84. This account of the event is based on Borrows, “Residential Schools, Respect and Responsibilities,” 502–504. “In 2009, as president of the Canadian Conference of Catholic Bishops, Weisgerber asked Pope Benedict XVI to meet with a delegation of school survivors to acknowledge their pain and suffering. Kinew and Phil Fontaine were part of the group that travelled to the Vatican to hear the Pope address the Catholic Church’s involvement in the residential school system and offer his personal apology.” James Buchok, “Anishinaabe Elders Adopt Archbishop Weisgerber,” Catholic Register, 17 April 2012, cited in Borrows, “Residential Schools, Respect and Responsibilities,” 503.

85. Cited in Martin, “Fontaine Regrets.”

86. Cited in Buchok, “Anishinaabe Elders.”

87. Cited in Buchok, “Anishinaabe Elders.” See also Martin, “Fontaine Regrets.”

88. “The Hul’q’umi’num people are a sub-group of the Coast Salish people of the south-east coast of Vancouver Island, the Lower Mainland and the northern coast of Washington state. The Coast Salish people are a group of people that share a common culture and similar language dialects in British Columbia and Washington State.” Paige, “In the Voices,” 1.

89. Paige, “In the Voices,” 1.

90. Cited in Paige, “In the Voices,” 11n59.

91. Paige, “In the Voices,” 42.

92. Paige, “In the Voices,” 64.

93. Mansfield, “Balance and Harmony,” 342.

94. Mansfield, “Balance and Harmony,” 345–346.

95. Mansfield, “Balance and Harmony,” 346.

96. Cited in Miller, Problem of Justice, 146.

97. McMullin, “Bringing the Good Feelings Back,” 29.

98. Cited in McMullin, “Bringing the Good Feelings Back,” 29.

99. Cited in McMullin, “Bringing the Good Feelings Back,” 29.

100. Mansfield, “Balance and Harmony,” 347.

101. Charelson and Tsleil-Waututh Nation, “Coast Salish Legal Traditions,” 33–35.

102. Borrows, Recovering Canada, 79–80.

103. McCue, “Treaty-Making,” 238.

104. Napoleon, “Who Gets to Say?” 188–189. See also Napoleon, “Ayook.”

105. Regan, Unsettling the Settler Within, 198.

106. Regan, Unsettling the Settler Within, 203.

107. Regan, Unsettling the Settler Within, 200.

108. Regan, Unsettling the Settler Within, 201.

109. Regan, Unsettling the Settler Within, 209.

110. Regan, Unsettling the Settler Within, 210–211.

111. Friedland, “Accessing Justice and Reconciliation,” 2.

112. For a comprehensive summary of the AJR project, see Friedland, “Accessing Justice and Reconciliation.” The AJR project website is at http://indigenousbar.ca/indigenouslaw.

113. For community reports and other materials, see the AJR project website at http://indigenousbar.ca/indigenouslaw.

114. Friedland, “Accessing Justice and Reconciliation,” 3.

115. Friedland, “Accessing Justice and Reconciliation,” 18, citing Chief Doug S. White III, Snuneymuxw First Nation, 16 November 2012.

116. Cited in McGrady, “‘Cedar as Sister,’” 3.

117. Borrows, Canada’s Indigenous Constitution, 6–22.

118. Borrows, “(Ab)Originalism and Canada’s Constitution,” 351, 396–397.

119. Napoleon, “Ayook,” 15.

120. See generally Borrows, Canada’s Indigenous Constitution.

From apology to action: Canada and the churches

1. Kinew, “It’s the Same Great Spirit.”

2. Minow, Between Vengeance and Forgiveness, 116.

3. de Greiff, “Role of Apologies,” 128, 131. See also Tavuchis, Mea Culpa.

4. Nobles, Politics of Official Apologies, 29.

5. Nobles, Politics of Official Apologies, 2.

6. Gibney et al., editors, Age of Apology.

7. Corntassel and Holder, “Who’s Sorry Now?” 467.

8. Marrus, “Official Apologies,” 7.

9. James, “Wrestling with the Past,” 139.

10. Regan, Unsettling the Settler Within, 182–183. See also Chapter Two of the present volume.

11. TRC, AVS, Shawn A-in-chut Atleo, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2012, Statement Number: SNE202.

12. On the importance of recognizing that victims of violence are also holders of rights, see de Greiff, “Report of the Special Rapporteur,” 9 August 2012, 10, para. 29.

13. Simpson, Dancing on Our Turtle’s Back, 22.

14. TRC, AVS, Honourable Steven Point, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 20 September 2013, Statement Number: BCNE304.

15. Stanton, “Canada’s Truth and Reconciliation Commission,” 4.

16. Castellano, Archibald, and DeGagné, “Introduction,” 2–3.

17. de Greiff, “Report of the Special Rapporteur,” 9 August 2012, 10–12.

18. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, 38.

19. R. v. Sparrow (1990) 1 SCR 1075. See also Guerin v. R. (1984) 2 SCR 335; Delgamuukw v. British Columbia (1997) 3 SCR 1010; and Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73.

20. Manitoba Métis Federation v. Canada (Attorney General), 2013 SCC 14, Appellants Factum, para. 94, citing Manitoba Court of Appeal ruling in Manitoba Métis Federation v. Canada (Attorney General) et al., 2010 MBCA 71, paras. 533, 534.

21. For the “Solicitor’s Opinions” on Native American issues, see United States Department of the Interior, Office of the Solicitor, “Solicitor’s Opinions.”

22. On the unfair burden of proof placed on Aboriginal peoples and the need to shift the onus onto the Crown, see, for example, Borrows, Recovering Canada, 101.

23. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, 8. The Commission adopts the definition of civic trust put forward by justice scholar Pablo de Greiff as it relates to the role of apologies in reconciliation processes: “Trust involves an expectation of . . . commitment to the norms and values we share . . . not the thick form of trust characteristic of relations between intimates, but rather ‘civic’ trust . . . that can develop among citizens who are strangers to one another, but who are members of the same political community. . . . Trusting an institution, then, amounts to knowing that its constitutive rules, values, and norms are shared by participants and that they regard them as binding. . . . Reconciliation, minimally, is the condition under which citizens can trust one another as citizens again (or anew). . . . It presupposes that both institutions and persons can become trustworthy, and this is not something that is merely granted but earned.” de Greiff, “Role of Apologies,” 125–127, emphasis in original.

24. TRC, AVS, Eugene Arcand, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2012, Statement Number: SNE202.

25. TRC, AVS, Allan Sutherland, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: 02-MB-16JU10-067.

26. TRC, AVS, Lisa Scott, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 13 April 2012, Statement Number: 2011-3978.

27. TRC, AVS, Ron McHugh, Statement to the Truth and Reconciliation Commission of Canada, Batoche, Saskatchewan, 21 July 2010, Statement Number: 01-SK-18-25JY10-011.

28. On the role of official apologies in reparations and reconciliation, see, for example, Barkan and Karn, editors, Taking Wrongs Seriously; de Greiff, “Role of Apologies”; James, “Wrestling with the Past”; Nobles, Politics of Official Apologies; and Tavuchis, Mea Culpa.

29. Canada, Debates of the Senate (Hansard), 2nd Session, 40th Parliament, volume 146, issue 45, 11 June 2009. Other speakers included Inuit Tapiriit Kanatami national president Mary Simon, Métis National Council president Clément Chartier, and Congress of Aboriginal Peoples interim National Chief Kevin Daniels.

30. TRC, AVS, Theodore Fontaine, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: SP203.

31. TRC, AVS, Noel Starblanket, Statement to the Truth and Reconciliation Commission of Canada, Regina, Saskatchewan, 16 January 2012, Statement Number: SP035.

32. TRC, AVS, Geraldine Bob, Statement to the Truth and Reconciliation Commission of Canada, Fort Simpson, Northwest Territories, 23 November 2011, Statement Number: 2011-2685.

33. TRC, AVS, Stephen Kakfwi, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 30 June 2011, Statement Number: 2011.06.30 NNE.

34. TRC, AVS, Robert Keesick, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: 02-MB-16JU10-038.

35. TRC, AVS, Elaine Durocher, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: 02-MB-16JU10-059.

36. TRC, AVS, Ava Bear, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 23 June 2012, Statement Number: 2011-4497.

37. TRC, AVS, Iris Nicholas, Statement to the Truth and Reconciliation Commission of Canada, Halifax, Nova Scotia, 27 October 2011, Statement Number: 2011.10.26-29 ANE.

38. Vatican, “Communiqué of the Holy See.”

39. Cited in CBC News, “Pope Expresses ‘Sorrow.’”

40. Vatican, “Pastoral Letter.”

41. Vatican, “Pastoral Letter.”

42. TRC, AVS, Commissioner Wilton Littlechild, speaking at Oblates of St. Mary Immaculate gathering in St. Albert, Alberta, 2 May 2011, Statement Number: SC012.

43. The Learning Places at National Events included information posters about the schools in the region, a Legacy of Hope Foundation exhibit, an information booth on the Missing Children Project, interactive maps, and a writing wall where people could offer their personal reflections. At each event in or near the Learning Place, the Settlement Agreement churches also organized a Churches Listening Area. The intent was to provide an opportunity for those Survivors who wished to do so to speak personally with a church representative about their residential school experience. When requested, church representatives also offered apologies to Survivors.

44. TRC, AVS, Alvin Dixon, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 30 June 2011, Statement Number: NNE302.

45. TRC, AVS, Anonymous, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 18 June 2010, Statement Number: 02-MB-18JU10-055.

46. Kelly, “Confession,” 20–21, 39.

47. TRC, AVS, Jennie Blackbird, Statement to the Truth and Reconciliation Commission of Canada, Muncey, Ontario, 16 September 2011, Statement Number: 2011-4188.

48. TRC, AVS, Martina Therese Fisher, Statement to the Truth and Reconciliation Commission of Canada, Bloodvein, Manitoba, 26 January 2012, Statement Number: 2011-2564.

49. The right of Indigenous peoples to observe traditional spiritual practices is upheld by the United Nations. Article 12:1 of the United Nations Declaration on the Rights of Indigenous Peoples says, “Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to use and control of their ceremonial objects; and the right to the repatriation of their human remains.” United Nations, Declaration on the Rights of Indigenous Peoples.

50. One example is a Christian Cree community that passed a resolution denying some of its community members the right to construct a sweat lodge and to teach youth about Cree spirituality. See APTN National News, “Cree Community”; and Taliman, “Christian Crees.”

51. TRC, AVS, Jim Dumont, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 26 June 2014, Statement Number: SE049.

52. Dumont and Hutchinson, “United Church Mission Goals,” 226–227.

53. Mullin (Thundering Eagle Woman), “We Are One,” 29.

54. Presbyterian Church in Canada, “Aboriginal Spirituality,” 2, 6, emphasis in original.

55. Anglican Church of Canada, “New Agape.”

56. United Church of Canada, “Living Faithfully,” 2.

57. United Church of Canada, “Reviewing Partnership,” 26.

58. United Church of Canada, Executive of the General Council, “Addendum H.”

59. Presbyterian Church in Canada, “Presbyterian Statement.”

60. United Church of Canada, “Affirming Other Spiritual Paths.”

61. Canadian Conference of Catholic Bishops, “Let Justice Flow,” 24–25.

62. Canadian Conference of Catholic Bishops, “Canadian Catholic Aboriginal Council.”

63. TRC, AVS, Dr. Alan L. Hayes, Statement to the Truth and Reconciliation Commission of Canada, Toronto, Ontario, 2 June 2012, Statement Number: SE020.

64. MacKenzie, “For Everything,” 89.

65. Toronto Urban Native Ministry, cited in Bush, “How Have the Churches?” 16.

66. Presbyterian Church in Canada, Acts and Proceedings, 368.

67. Healing Fund, Anglican Church, 2008, cited in Bush, “How Have the Churches?” 24–25.

68. Healing Fund, Anglican Church, 2008, cited in Bush, “How Have the Churches?” 24–25.

69. Healing Fund, Anglican Church, 2000, cited in Bush, “How Have the Churches?” 19.

70. Bush, “How Have the Churches?” 18.

71. The Aboriginal Healing Foundation was mandated to provide funding and support for Aboriginal community-based healing projects. For more on its history and the circumstances surrounding its closure, see Spear, Full Circle.

72. TRC, AVS, Bruce Adema, Christian Reformed Church of North America, Statement to the Truth and Reconciliation Commission of Canada, Regina, Saskatchewan, 22 June 2012, Statement Number: 2012.06.22 SNE.

73. TRC, AVS, Claire Ewert Fisher, Mennonite Central Committee, Statement to the Truth and Reconciliation Commission of Canada, Regina, Saskatchewan, 24 June 2012, Statement Number: 2012.06.24 SNE.

74. TRC, AVS, Jonathan Infeld, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 18 September 2013, Statement Number: 2013.09.18 BCNE.

75. TRC, AVS, Deloria Bighorn,, Bahá’í Community of Canada, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 20 September 2013, Statement Number: 2013.09.20 BCNE. See also Bahá’í Community of Canada, “Submission of the Bahá’í Community.”

76. TRC, AVS, World Sikh Organization of Canada and Sikh Gurdwaras, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 21 September 2013, Statement Number: 2013.09.21 BCNE.

77. TRC, AVS, Canadian Council of Churches, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: ABNE 202.

78. TRC, AVS, Anonymous, Honour Walkers, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: ABNE 202.

Education for reconciliation

1. TRC, AVS, Allan Sutherland, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 16 June 2010, Statement Number: 02-MB-16JU10-067.

2. TRC, AVS, Esther Lachinette-Diabo, Statement to the Truth and Reconciliation Commission of Canada, Thunder Bay, Ontario, 24 November 2010, Statement Number: 01-ON-24Nov10-020.

3. TRC, AVS, Charlotte Marten, Statement to the Truth and Reconciliation Commission of Canada, Lethbridge, Alberta, 9 October 2013, Statement Number: SP127.

4. Education scholar Penney Clark’s study identifies how Aboriginal peoples have been portrayed in Canadian history textbooks and how gaps in the history impact students. Clark, “Representations of Aboriginal People,” 96–98, 103–111.

5. Council of Ministers of Education, Canada, “Developments on Indian Residential Schools by Jurisdiction,” July 2014, email correspondence from Christy Bressette, Coordinator, Aboriginal Education, Council of Ministers of Education, Canada, to Truth and Reconciliation Commission of Canada, 18 July 2014, TRC Document Number TRC3353.

6. Legacy of Hope Foundation, “NWT and NU Curriculum.”

7. Council of Ministers of Education, Canada, “Education Ministers Signal Transformation.”

8. Freedom of conscience and religion is protected under Section 2 of the Canadian Charter of Rights and Freedoms, and Section 3 of Québec’s Charter of Human Rights and Freedoms.

9. S. L. v. Commission scolaire des Chênes, 2012 SCC 7, 237.

10. Educator and scholar Marie Battiste’s work on decolonizing and transforming the education system has informed the Commission’s thinking on this issue. Battiste, Decolonizing Education, 175–191.

11. Education scholars Megan Boler and Michalinas Zembylas describe this way of teaching as a “pedagogy of discomfort” that requires both educators and students to “move outside their comfort zones” in constructive ways that can “radically alter their worldviews.” Boler and Zembylas, “Discomforting Truths,” 111. See also Sheppard, “Creating a Caring Classroom.”

12. See, for example, Immordino-Yang and Domasio, “We Feel, Therefore We Learn”; and Schonert-Reichl and Hymel, “Educating the Heart.” See also Mary Gordon’s initiative Roots of Empathy, “an evidence-based classroom program that has shown significant effect in reducing levels of aggression among school children while raising social/emotional competence and increasing empathy,” at http://www.rootsofempathy.org; and Gordon, Roots of Empathy.

13. More information on Project of Heart is available at http://projectofheart.ca.

14. Sylvia Smith on Project of Heart, 2011, at http://projectofheart.ca/history.

15. TRC, AVS, Samantha Crowe, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 30 March 2014, Statement Number: ABNE401. For more information on the project, see Ontario Provincial Advocate for Children and Youth, “Feathers of Hope.”

16. Cultural theorist Roger Simon makes this point in an essay on the pedagogical practice of public history in the context of the Commission’s public education mandate. Simon, “Towards a Hopeful Practice,” 135–136.

17. The 2013 annual report of the Historical Thinking Project makes a similar point, arguing that the education system must produce historically literate citizens. Seixas and Colyer, “Report on the National Meeting,” 3. The purpose of the Historical Thinking Project was to provide teachers with history education resources for training students to think critically and effectively about history. Seixas and Colver, “Report on the National Meeting,” 2.

18. Centre for Youth and Society, University of Victoria, “Residential Schools Resistance Narratives,” report. To view the project videos, see Centre for Youth and Society, University of Victoria, “Residential Schools Resistance Narratives,” video collection.

19. Prairie Women’s Health Centre of Excellence, “Nitâpwewininân,” 3–7.

20. Prairie Women’s Health Centre of Excellence, “Nitâpwewininân,” 14–16.

21. Turpel-Lafond, “Aboriginal Children,” iii.

22. Turpel-Lafond, “Aboriginal Children,” 15, 17.

23. Turpel-Lafond, “Aboriginal Children,” 44.

24. See, for example, Magill and Hamber, “If They Don’t Start.”

25. Parmar et al., editors, Children and Transitional Justice.

26. TRC, AVS, Brooklyn Rae, Saskatchewan National Event Education Day, Saskatoon, Saskatchewan, 23 June 2013, video, Statement Number: SNE502, https://vimeo.com/48143907.

27. TRC, AVS, Barney Williams, Saskatchewan National Event Education Day, Saskatoon, Saskatchewan, 23 June 2013, video, Statement Number: SNE502, https://vimeo.com/48143907.

28. International Center for Transitional Justice, “ICTJ/Canada TRC Youth Retreat.”

29. International Center for Transitional Justice, “ICTJ/Canada TRC Youth Retreat.”

30. International Center for Transitional Justice, “ICTJ Program Report.”

31. International Center for Transitional Justice, “Youth Reporters.”

32. International Center for Transitional Justice, “Our Legacy, Our Hope,” press release; International Center for Transitional Justice, Our Legacy, Our Hope, video.

33. International Center for Transitional Justice, “ICTJ Program Report.”

34. TRC, AVS, Rory Shade, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 19 September 2013, Statement Number: 2013.09.19 BCNE.

35. TRC, AVS, Centre for Global Citizenship Education and Research, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 27 March 2014, Statement Number: ABNE102.

36. More information on the Canadian Roots Exchange is available at http://canadianroots.ca.

37. Reconciliation Canada, “New Youth Program.”

38. Bolton, “Museums Taken to Task,” 146–147.

39. Buchanan, “Decolonizing the Archives,” 44.

40. Morse, “Indigenous Human Rights,” 2, 10.

41. The decisions state that “the laws of evidence must be adapted in order that this type of evidence be accommodated and placed on an equal footing with the types of historic evidence that courts are familiar with, which largely consists of historical documents.” Reasons for Decision, Delgamuukw v. British Columbia (1997) 3 SCR 1010, para. 87. On the honour of the Crown, see, for example, R. v. Sparrow (1990) 1 SCR 1075; Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73; and Delgamuukw v. British Columbia (1997) 3 SCR 1010.

42. Legal scholar Bradford W. Morse makes this point. Morse, “Indigenous Human Rights,” 12, 26.

43. Canada, Royal Commission on Aboriginal Peoples, Report, volume 5, 232–233.

44. They have done so in accordance with their legislated mandate. Canada’s Museums Act SC 1990, chapter 3, section 3, provides the legislative framework for museums. The Act was amended in 2008 to include the Canadian Museum for Human Rights.

45. Bolton, “Museums Taken to Task,” 151.

46. On December 12, 2013, Bill C-7, An Act to Amend the Museums Act in Order to Establish the Canadian Museum of History, received royal assent, thus officially establishing the legislative authority to “rebrand” the Canadian Museum of Civilization. Neither the original Museums Act nor the amendment made specific reference to Aboriginal peoples. See CBC News, “Civilization Museum.”

47. House of Commons Standing Committee on Canadian Heritage, 1st Session, 41st Parliament, 5 June 2013.

48. Canadian Museum of Civilization and Canadian War Museum, “Research Strategy,” 7.

49. Canadian Museum of Civilization and Canadian War Museum, “Research Strategy,” 8–9.

50. Canadian Museum of Civilization and Canadian War Museum, “Research Strategy,” 10.

51. Canadian Museum for Human Rights, “About the Museum.”

52. Canadian Museum for Human Rights, “Speech Delivered by President.”

53. Edmiston, “‘Indian Residential Schools’?”

54. Canadian Museum for Human Rights, “Statement from the President.”

55. Canadian Museum for Human Rights, “Speech Delivered by CMHR President.”

56. Library and Archives Canada, “Collection Development Framework,” 7–8.

57. Library and Archives Canada, “Aboriginal Heritage.”

58. Library and Archives Canada, “Native Residential Schools.”

59. Wilson, “Peace, Order and Good Government,” 239.

60. Library and Archives Canada, “New Exhibition.” See also Legacy of Hope Foundation, Where Are the Children?; and Legacy of Hope Foundation, “We were so far away.”

61. Library and Archives Canada, “Legacy of the Residential School.”

62. Library and Archives Canada, “Conducting Research.”

63. Indian Residential Schools Settlement Agreement, “Schedule N,” 11.

64. Fontaine v. Canada (Attorney General), 2013 ONSC 684.

65. Canada, Office of the Auditor General of Canada, “Documentary Heritage,” 3.

66. Canada, Office of the Auditor General of Canada, “Documentary Heritage,” 7.

67. Professor Terry Cook, University of Manitoba, long-time archivist at the National Archives, a Fellow of the Association of Canadian Archivists, and a Fellow of the Royal Society of Canada, makes this point. Cook, “Evidence, Memory, Identity,” 111.

68. United Nations Commission on Human Rights, Subcommission on the Prevention of Discrimination and Protection of Minorities, The Administration of Justice and the Human Rights of Detainees: Question of the Impunity of Perpetrators of Human Rights Violations (Civil and Political), revised final report prepared by Mr. Joinet to the subcommission decision 1996/199, UN Doc. E/CN.4/Sub,2/1997/20/Rev.1, 1997-10-02, updated by UN Doc. E/CN.4/2005/102 (18 February 2005) and UN Doc E/CN.4/2005/102/Add.1 (8 February 2005), cited in University of Manitoba, “Written Argument,” 14n35.

69. de Greiff, “Report of the Special Rapporteur,” 28 August 2013, 22.

70. de Greiff, “Report of the Special Rapporteur,” 28 August 2013, 23.

71. de Greiff, “Report of the Special Rapporteur,” 28 August 2013, 29.

72. Several prominent archivists have noted this trend. See, for example, Cook, “Evidence, Memory, Identity”; Wilson, “Peace, Order and Good Government”; Harris, “Archival Sliver”; and Jimerson, “Archives for All.”

73. TRC, AVS, Peter Cunningham, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: ABNE201.

74. Rev. Fausak is also General Council Liaison Minister, Indigenous Justice and Residential Schools, United Church of Canada.

75. TRC, AVS, Remembering the Children Society, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 29 March 2014, Statement Number: ABNE302. Based on their experience, United Church of Canada staff, in collaboration with the Remembering the Children Society, developed an educational resource with guidelines for other communities wishing to develop their own commemoration projects for residential school cemeteries and unmarked burials. See United Church of Canada, “Residential Schools Update.”

76. The United Church of Canada’s online resources are available at http://thechildrenremembered.ca. The Anglican Church’s online resources and school histories are available at http://www.anglican.ca/relationships/trc. The Presbyterian Church in Canada’s online resources are available at http://www.presbyterianarchives.ca/RS%20-%20Home%20Page.html.

77. United Church of Canada, Residential School Archive Project, “The Children Remembered.”

78. Ian Wilson makes this point. Wilson, “Peace, Order and Good Government,” 238.

79. This is based on the concept and philosophy of “sites of conscience,” as described by the International Coalition of Sites of Conscience, which is “a global network of historic sites, museums and memory initiatives connecting past struggles to today’s movements for human rights and social justice.” International Coalition of Sites of Conscience, http://www.sitesofconscience.org.

80. Truth and Reconciliation Commission of Canada, Sharing Truth. Videos of the forum can be viewed at http://www.trc.ca/websites/trcinstitution/index.php?p=513.

81. Georges Erasmus, in Truth and Reconciliation Commission of Canada, Sharing Truth, 2 March 2011, https://vimeo.com/album/1744451/video/20788339.

82. Charlene Belleau, in Truth and Reconciliation Commission of Canada, Sharing Truth, 3 March 2011, https://vimeo.com/album/1750974/video/20696021.

83. James Scott, in Truth and Reconciliation Commission of Canada, Sharing Truth, 3 March 2011, https://vimeo.com/album/1750974/video/20694696.

84. Truth and Reconciliation Commission of Canada and University of Manitoba, “Centre for Truth and Reconciliation Administrative Agreement,” Clauses 9 (c), 9 (d), 11 (a), 11 (e).

85. As of April 2015, existing partners included the National Association of Friendship Centres, Legacy of Hope Foundation, Canadian Museum for Human Rights, University of British Columbia, Lakehead University, University College of the North, University of Winnipeg, Red River College, Archives of Manitoba, Université de Saint-Boniface, St. John’s College, St. Paul’s College, Manitoba Museum, Centre for Indigenous Environmental Resources, and Sandy-Saulteaux Spiritual Centre. It is anticipated that more partners will be added as the centre develops. See National Centre for Truth and Reconciliation, “Our Partners.”

86. University of Manitoba, “Written Argument,” 6–7.

87. Sue McKemmish, Shannon Faulkhead, and Lynette Russell, “Distrust in the Archive: Reconciling Records,” Archival Science 11, nos. 3–4 (2011): 212, cited in University of Manitoba, “Written Argument,” 11.

88. University of Manitoba, “Written Argument,” 11–12.

89. University of Manitoba, “Written Argument,” 12–13.

90. University of Manitoba, “Statement of Apology.”

91. University of Manitoba, “Statement of Apology.”

92. University of Manitoba, “Historic Agreement Signed.”

93. Such access will be “subject to privacy law and culturally appropriate protocols.” Truth and Reconciliation Commission of Canada and University of Manitoba, “Centre for Truth and Reconciliation Trust Deed,” 3–4.

94. National Centre for Truth and Reconciliation, “Reconciliation.” See also Truth and Reconciliation Commission of Canada and University of Manitoba, “Centre for Truth and Reconciliation Administrative Agreement.”

Public memory: Dialogue, the arts, and commemoration

1. Campbell, Our Faithfulness, 153.

2. TRC, AVS, Jennifer Adese, Truth and Reconciliation Commission of Canada, “Reconciliation and Collective Memory in a Divided Society,” panel, Edmonton, Alberta, 29 March 2014, Statement Number: ABNE305.

3. Anderson, Life Stages, 4–5.

4. Cited in Anderson, Life Stages, 3, emphasis in original.

5. TRC, AVS, Sharon Jinkerson-Brass, Truth and Reconciliation Commission of Canada, “Honouring Women’s Wisdom: Pathways of Truth, Resilience and Reconciliation,” panel, 21 September 2013, Statement Number: 2013.09.21.

6. Anderson and Robertson, Seeing Red, 192–218.

7. Cited in Anderson and Robertson, Seeing Red, 200.

8. The Commission’s definition of public memory is based on the work of historians who study public memory. For example, James Opp and John C. Walsh define “public memory” as “memories that are made, experienced, and circulated in public spaces and that are intended to be communicated and shared.” Opp and Walsh, Placing Memory, 9. John Bodnar says that “public memory” is “a body of beliefs and ideas about the past that help[s] a public or society understand both its past, [and] present, and by implication, its future.” Bodnar, Remaking America, 15.

9. Historian W. James Booth makes this important point in his study of how communities of memory are established, maintained, or disrupted through everyday habits and practices. Booth, Communities of Memory, 45.

10. In its report “Strengthening Indigenous Rights through Truth Commissions: A Practitioner’s Resource,” the International Center for Transitional Justice identifies four thematic areas where commissions must rethink widely held assumptions in the field of transitional justice in order to become more responsive to Indigenous rights. These include: moving beyond a state-centric approach; moving beyond an individualistic form of analysis; moving beyond a focus only on recent violations; and moving beyond an overreliance on archival and written sources. International Centre for Transitional Justice, “Strengthening Indigenous Rights,” 3–5.

11. Chamberlin, If This Is Your Land, 238–239.

12. Schirch, Ritual and Symbol, 1–2.

13. Truth and Reconciliation Commission of Canada, “Atlantic National Event,” 4.

14. TRC, AVS, Ms. Lussier, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 19 June 2010, Statement Number: 2010.06.19 WNE.

15. TRC, AVS, Ms. Kenny, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 19 June 2010, Statement Number: 2010.06.19 WNE.

16. In 2015, the Bentwood Box was on temporary loan to the Canadian Museum for Human Rights, where it was part of a public exhibit.

17. Campbell, “Remembering for the Future,” 30. See also Campbell, Our Faithfulness, 154.

18. Qwul’sih’yah’maht (Thomas), “Honouring the Oral Traditions,” 253.

19. TRC, AVS, Charles Cardinal, Statement to the Truth and Reconciliation Commission of Canada, St. Paul, Alberta, 7 January 2011, Statement Number: 01-AB-06JA11-005.

20. TRC, AVS, Laurie McDonald, Statement to the Truth and Reconciliation Commission of Canada, Beausejour, Manitoba, 4 September 2010, Statement Number: 01-MB-3-6SE10-005.

21. TRC, AVS, Victoria Grant-Boucher, Statement to the Truth and Reconciliation Commission of Canada, Ottawa, Ontario, 25 February 2011, Statement Number: 01-ON-05-FE11-004.

22. TRC, AVS, Desarae Eashappie, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 19 June 2010, Statement Number: SC112.

23. Regan, Unsettling the Settler Within, 13.

24. TRC, AVS, Anonymous, Statement to the Truth and Reconciliation Commission of Canada, St. Albert, Alberta, 2–3 May 2011, Statement Number: 2011.05.02-03.

25. TRC, AVS, Anonymous, Statement to the Truth and Reconciliation Commission of Canada, St. Albert, Alberta, 2–3 May 2011, Statement Number: 2011.05.02-03.

26. TRC, AVS, Agnes Moses, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 29 June 2011, Statement Number: 2011.06.29 NNE.

27. TRC, AVS, Samuel Tapiatic, Statement to the Truth and Reconciliation Commission of Canada, Chisasabi, Québec, 19 March 2013, Statement Number: 2011-0056.

28. TRC, AVS, Florence Kaefer, Statement to Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 18 June 2010, Statement Number: SC111.

29. CBC News, “Teachers Seek Healing.”

30. TRC, AVS, Jack Lee, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 18 June 2010, Statement Number: SC111.

31. TRC, AVS, Mark DeWolf, Statement to the Truth and Reconciliation Commission of Canada, Halifax, Nova Scotia, 28 October 2011, Statement Number: SC075.

32. TRC, AVS, Rev. Dr. John Vissers, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2012, Statement Number: 2012.06.22 SNE.

33. TRC AVS, Bishop Don Bolen, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2013, Statement Number: 2012.06.22 SNE.

34. TRC, AVS, Ian Gray, Statement to the Truth and Reconciliation Commission of Canada, Halifax, Nova Scotia, 27 October 2011, Statement Number: 2011.10.26-29 ANE.

35. TRC, AVS, Resolution Managers, Resolution West, Resolution and Individual Affairs, Aboriginal Affairs and Northern Development Canada, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 19 September 2013, Statement Number: BCNE205b.

36. Cited in Threlfall, “Her Next Chapter,” 24.

37. Cited in Joseph, “Shelagh Rogers.”

38. TRC, AVS, Tina Keeper, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 24 June 2013, Statement Number: SNE403.

39. TRC, AVS, the Right Honourable Paul Martin, Statement to the Truth and Reconciliation Commission of Canada, Montreal, Québec, 26 April 2013, Statement Number: QNE303.

40. TRC, AVS, the Right Honourable Joe Clark, Statement to Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 23 June 2012, Statement Number: SNE301.

41. TRC, AVS, Andy Scott, Statement to the Truth and Reconciliation Commission of Canada, Saskatoon, Saskatchewan, 22 June 2012, Statement Number: SNE203.

42. TRC, AVS, Therese Boullard, Statement to the Truth and Reconciliation Commission of Canada, Inuvik, Northwest Territories, 28 June 2011, Statement Number: NNE103.

43. TRC, AVS, Ginelle Giacomin, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 19 June 2010, Statement Number: SC112.

44. O’Connor, “Role of the Non-Indigenous Witness,” 50.

45. O’Connor, “Role of the Non-Indigenous Witness,” 53.

46. O’Connor, “Role of the Non-Indigenous Witness,” 56.

47. O’Connor, “Role of the Non-Indigenous Witness,” 55.

48. O’Connor, “Role of the Non-Indigenous Witness,” 69.

49. See, for example, Cohen, Varea, and Walker, editors, Acting Together.

50. Francois Matarraso in correspondence with Eugene van Erven, 19 March 2008, cited in van Erven and Gardner, “Performing Cross-Cultural Conversations,” 41.

51. David Garneau, artist, writer, curator, and professor of visual arts, makes this critical point. Garneau, “Imaginary Spaces,” 38.

52. Garneau, “Imaginary Spaces,” 33–34.

53. Archibald et al., Dancing, Singing, Painting, 18.

54. Ratuski, “Residential School Art Series.”

55. Morris and Helen Belkin Art Gallery, Witnesses; University of British Columbia Museum of Anthropology, Speaking to Memory.

56. Robertson, “Threads of Hope,” 87, 99–101.

57. University of Winnipeg, “UWinnipeg Healing Quilt.”

58. ArtsLink: Residential School Artists, “About ArtsLink.”

59. Dewar et al., “Practicing Reconciliation,” 5–6, emphasis in original.

60. Indian Residential Schools Settlement Agreement, “Schedule J.”

61. For full descriptions of the projects, see Aboriginal Affairs and Northern Development Canada, “Commemoration 2011–2012”; and Aboriginal Affairs and Northern Development Canada, “Commemoration 2012–2013.”

62. Cliff Hague refers to place as “a geographic space that is defined by meanings, sentiments and stories rather than by a set of co-ordinates.” Cliff Hague, “Planning and Place Identity,” in Place Identity, Participation and Planning, edited by Cliff Hague and Paul Jenkins (New York: Routledge, 2005), 3, cited in Opp and Walsh, Placing Memory, 5.

63. Hale, “Treaty 3 Holds Commemoration.”

64. TRC, AVS, Andrea Walsh, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 14 April 2012, Statement Number: 2013.04.14 VRE.

65. Steel, “Alberni Indian Residential Students.”

66. Lavoie, “Paintings Bear Witness.”

67. Canada, Aboriginal Affairs and Northern Development Canada, “Remembering the Past.”

68. For Christi Belcourt’s speech at the dedication ceremony for the stained-glass window on Parliament Hill on November 26, 2012, see Belcourt, “Stained Glass Window.” For a detailed description of the window, see Canada, Aboriginal Affairs and Northern Development Canada, “Christi Belcourt Describes ‘Giniigaaniimenaaning.’”

69. Commissioner Wilton Littlechild speaking at the dedication ceremony for the stained-glass window on Parliament Hill on November 26, 2012, see Littlechild, “Stained Glass Window.”

70. Opp and Walsh, Placing Memory, 15–16.

71. Historic Sites and Monuments Act RSC 1985, chapter H-4.

72. Canada, Parks Canada, Historic Sites and Monuments Board of Canada, “Info Source.”

73. Canada, Parks Canada, Historic Sites and Monuments Board of Canada, “National Program of Historical Commemoration.”

74. Joinet-Orentlicher Principles, cited in Shaheed, “Report of the Special Rapporteur,” 8.

75. Shaheed, “Report of the Special Rapporteur,” 14.

76. Shaheed, “Report of the Special Rapporteur,” 19. The Special Rapporteur is referencing the commemoration projects undertaken as part of the Settlement Agreement.

77. Shaheed, “Report of the Special Rapporteur,” 20–21.

78. Shaheed, “Report of the Special Rapporteur,” 21–22.

79. Shaheed, “Report of the Special Rapporteur,” 22.

80. The study was based on research conducted by Trina Cooper-Bolam and incorporated her experiences as the Legacy of Hope’s former executive director, her work with the Aboriginal Healing Foundation, and her role as a project leader for the Assembly of First Nations and the Aboriginal Healing Foundation’s national commemoration project. See Cooper-Bolam, “Healing Heritage,” 8–9, 106–107.

81. Cooper-Bolam, “Healing Heritage,” 108–109.

82. Cooper-Bolam, “Healing Heritage,” 109.

83. Cooper-Bolam, “Healing Heritage,” 61–63.

84. Jeff Corntassel, Chaw-win-is, and T’lakwadzi, “Indigenous Storytelling, Truth-Telling and Community Approaches to Reconciliation,” ESC: English Studies in Canada 35, no. 1 (2009): 143, cited in Cooper-Bolam, “Healing Heritage,” 98.

85. Cooper-Bolam, “Healing Heritage,” 97–99.

86. Cooper-Bolam, “Healing Heritage,” ii.

We are all Treaty people: Canadian society and reconciliation

1. Anderson and Robertson, Seeing Red, 3, 276.

2. Anderson and Robertson, Seeing Red, 6.

3. Ramirez-Barat, “Transitional Justice,” 38–39.

4. Nagy and Gillespie, “Representing Reconciliation,” 6–7.

5. Nagy and Gillespie, “Representing Reconciliation,” 34–35.

6. Broadcasting Act SC 1991, chapter 11.

7. David, “Aboriginal Languages Broadcasting,” 14.

8. CBC/Radio-Canada, “Going the Distance,” 48. The annual report also provides information on the CBC’s Aboriginal-languages programming and news coverage. In 2013, Statistics Canada published these data as part of the National Household Survey conducted in 2011. See Canada, Statistics Canada, “Aboriginal Peoples in Canada,” 4.

9. Aboriginal Peoples Television Network, “Annual Report, 2013.”

10. Aboriginal Peoples Television Network, “Factsheet.”

11. Cited in Canada, Royal Commission on Aboriginal Peoples, Report, volume 5, 103–104.

12. Canada, Royal Commission on Aboriginal Peoples, Report, volume 2, 614.

13. See, for example, Anderson and Robertson, Seeing Red.

14. Journalists for Human Rights is a media development organization that provides education and resources to “help journalists build their capacity to report ethically and effectively on human rights and governance issues in their communities.” Canada, Government of Canada, “Journalists for Human Rights (JHR).” See also Journalists for Human Rights, “About.”

15. Journalists for Human Rights, “Buried Voices,” 18–19.

16. Journalists for Human Rights, “Buried Voices,” 5–6.

17. Journalists for Human Rights, “Buried Voices,” 16.

18. Journalists for Human Rights, “Buried Voices,” 19.

19. Miller, Lethal Legacy, vi.

20. Miller, “Ipperwash and the Media,” 11, 14.

21. Miller, “Ipperwash and the Media,” 19–20, 22–23.

22. TRC, AVS, Theodore Fontaine, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: AB202.

23. TRC, AVS, Laura Robinson, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: ABNE202.

24. Gazette: Law Society of Upper Canada, “Law Society Throws Support.”

25. Mason and Koehli, “Barriers to Physical Activity,” 103–105.

26. Physical Activity and Sport Act SC 2003, chapter 2.

27. IndigenACTION, “Phase One: Roundtable Report,” appendix 2, 18–19.

28. Te Hiwi, “What Is the Spirit?” 3.

29. Sport Canada, Canadian Sport Policy Renewal, Roundtable on Sport and Aboriginal Peoples, “Summary Report,” 4.

30. Sport Canada, “Canadian Sport Policy.”

31. TRC, AVS, David Courchene Jr., Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 25 June 2014, Statement Number: SE048.

32. TRC, AVS, Ian Campbell, Statement to the Truth and Reconciliation Commission of Canada, Winnipeg, Manitoba, 25 June 2014, Statement Number: SE048.

33. Lee, “Tsilhqot’in Nation,” A6.

34. Canada, Northern Frontier, Northern Homeland, volume 1, 1, 82–83. Beginning in the 1980s, several land claims agreements were signed across the North, including the Inuvialuit Final Agreement (1984), the Gwich’in Comprehensive Land Claim Agreement (1992), the Sahtu Dene and Métis Comprehensive Land Claim Agreement (1994), and the Tlicho Agreement (2005) in the Northwest Territories.

Although there have been attempts to revitalize the Mackenzie Valley pipeline project with the participation of a coalition of Aboriginal partners, as of 2014 it remained unclear whether the project would proceed. See Jang, “Gas Exports from B.C.”; and Lewis, “Northwest Territories Eyes Revival.”

35. Canada, Royal Commission on Aboriginal Peoples, Report, volume 1, 466–504.

36. See, for example, Delgamuukw v. British Columbia (1997) 3 SCR 1010; Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73; Mikisew Cree First Nation v. Canada (Minister of Canadian Heritage) [2005] 3 SCR 388, 2005 SCC 69; Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43, [2010] 2 SCR 650; Tsilhqot’in Nation v. British Columbia, 2014 SCC 44; and Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48.

37. Delgamuukw v. British Columbia (1997) 3 SCR 1010, para. 165.

38. Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, para. 53, cited in Newman, “Rule and Role of Law,” 10.

39. Newman, “Rule and Role of Law,” 13.

40. Public Policy Forum, “Building Authentic Partnerships,” 7.

41. Public Policy Forum, “Building Authentic Partnerships,” 6.

42. Eyford, “Forging Partnerships,” 3, 7.

43. Letter of transmission from Douglas R. Eyford to Prime Minister, 29 November 2013, in Eyford, “Forging Partnerships,” 1.

44. The Charrette on Energy, Environment and Aboriginal Issues, “Responsible Energy Resource Development,” 2.

45. The Charrette on Energy, Environment and Aboriginal Issues, “Responsible Energy Resource Development.”

46. The Charrette on Energy, Environment and Aboriginal Issues, “Responsible Energy Resource Development,” 8–14.

47. Coates and Newman, “End Is Not Nigh,” 21.

48. United Nations Global Compact, Business Reference Guide.

49. TRC, AVS, Wab Kinew, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 28 March 2014, Statement Number: ABNE202.

50. TRC, AVS, Victoria Wells, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 13 April 2012, Statement Number: SP016.

51. TRC, AVS, Lynne Phillips, Statement to the Truth and Reconciliation Commission of Canada, Victoria, British Columbia, 5 December 2010, Statement Number: 01-BC-03DE10-007.

52. TRC, AVS, Roger Epp, Statement to the Truth and Reconciliation Commission of Canada, Hobbema, Alberta, 25 July 2013, Statement Number: SP125.

53. TRC, AVS, Bill Elliot, Statement to the Truth and Reconciliation Commission of Canada, Hobbema, Alberta, 25 July 2013, Statement Number: SP125.

54. TRC, AVS, Bill Elliot, Statement to the Truth and Reconciliation Commission of Canada, Edmonton, Alberta, 29 March 2014, Statement Number: ABNE301.

55. Cited in Zabjek, “Youths Picked.”

56. Reconciliation Canada, “City of Vancouver Council.” See also City Manager, “Framework for City of Reconciliation.”

57. TRC, AVS, Gregor Robertson, Statement to the Truth and Reconciliation Commission of Canada, Vancouver, British Columbia, 18 September 2013, Statement Number: BCNE102.

58. TRC, AVS, Kim Harvey, “Be the Change: Young People Healing the Past and Building the Future,” Vancouver, British Columbia, 18 September 2013, Statement Number: BCNE105, https://vimeo.com/78638476.

59. TRC, AVS, Kevin Takahide Lee, “Be the Change: Young People Healing the Past and Building the Future,” Vancouver, British Columbia, 18 September 2013, Statement Number: BCNE105, https://vimeo.com/78638476.

60. TRC, AVS, Caroline Wong, “Be the Change: Young People Healing the Past and Building the Future,” Vancouver, British Columbia, 18 September 2013, Statement Number: BCNE105, https://vimeo.com/78638476.

61. TRC, AVS, Danny Richmond, “Be the Change: Young People Healing the Past and Building the Future,” Vancouver, British Columbia, 18 September 2013, Statement Number: BCNE105, https://vimeo.com/78638476.

62. TRC, AVS, Akua Benjamin, Statement to the Truth and Reconciliation Commission of Canada, Toronto, Ontario, 12 November 2013, Statement Number: SE036B.

63. TRC, AVS, Ali Kazimi, Statement to the Truth and Reconciliation Commission of Canada, Toronto, Ontario, 12 November 2013, Statement Number: SE036B.

64. TRC, AVS, Winnie Ng, Statement to the Truth and Reconciliation Commission of Canada, Toronto, Ontario, 12 November 2013, Statement Number: SE036B.

65. Canada, Minister of Citizenship and Immigration Canada, Discover Canada.

66. Canada, Minister of Citizenship and Immigration Canada, Discover Canada.

67. Reconciliation Canada, “Chief Joseph Shares.”

68. Reconciliation Canada, “Shared Tomorrow.”

69. The Philanthropist, “Philanthropic Community’s Declaration.”

70. Cobb, “More than 3,000.”

71. Bellegarde, “Truth and Reconciliation.”

72. Canada, Debates of the House of Commons (Hansard), 2nd Session, 41st Parliament, volume 221, 1 June 2015, 1515.