Law Times

lAw Times • April 30, 2012 Education key to truth commission work: chairman FOCUS BY MICHAEL McKIERNAN Law Times according to its chairman. On March 27, Justice Murray Sinclair, who's also a judge of the Manitoba Court of Queen's Bench E ducation will be key to the remaining work of the Truth and Reconciliation Commission of Canada, • Provinces and territories should develop educational campaigns to inform the general public about the history and impact of residential schools in their respective jurisdictions. in addition to his role with the com- mission, spoke to an audience at the University of Toronto Faculty of Law on the subject of its inter- im report on residential schools released earlier this year. "Far too many Canadians do not know this story," said Sinclair, who was Manitoba's first aborigi- nal judge. "We Canadians need to know this story. But they also need to know this story in the context of the overall relationship that Canada as a gov- ernment developed to aboriginal people at this time. "We need to understand what believe more that the residential schools sys- tem "constituted an assault" on aboriginal children, families, and culture and called for a framed copy of the prime minister' The report also concluded ogy to residential school survivors to be on display in every second- ary school in the country. Recommendations in other s apol- areas included a call for the estab- lishment of a cultural revival fund by the federal government to promote aboriginal heritage and a mental-health and wellness healing centre in Nunavut or the Northwest Territories. Sinclair took on the role with was the relationship that aborigi- nal people and early settlers had and how it evolved to the point where that initial respect turned into a social Darwinist view that they were so inherently inferior that everything had to be done for them and anything could be done to them in the name of civilizing. Like it or not, Sinclair said, there's an "inherent sense within " Canadian society that aboriginal people are inferior and have no rights," a notion rooted in the residential school system and one perpetuated by teaching in public schools. "Those who went to the public school system in this country were taught virtually from the moment they entered schools that aborigi- nal societies were lucky that non- aboriginal people arrived here to help save them . . . without giving an opportunity for us as students to come to our own determination of whether it was fair to say these were in fact inferior people. education sector where some of the greatest strides are possible in the reconciliation portion of the com- mission' According to Sinclair, it's in the " relationship between aboriginals and non-aboriginals in Canada. "Part of the way we address that s work by improving the is by ensuring what children in this country are taught about aborigi- nal people generally is changed to reflect the more positive view, not only of aboriginal people and their societies but a more positive view of who these people were, what they had to offer, and what they understood, recommendations related directly to education: • Provinces and territories should complete a review of the cur- riculum materials currently in use in public schools to assess what, if anything, they teach about residential schools. Three of the interim report's 20 " said Sinclair. the commission in June 2009 after a false start in 2008 when original chairman Justice Harry LaForme resigned following a dispute with his two fellow commissioners. The other two also later resigned to pave the way for a fresh start with Sinclair at the helm. The commission came about "We still don't really know the number of children who died," as part of the Indian residential schools settlement agreement between survivors, the federal government, and churches. It has the task of preparing a complete historical record of the policies and operations of the residential schools. It has heard from some of the estimated 80,000 survivors at three national events in Winnipeg, Inuvik, N.W.T., and Halifax. " those who were represented in the class actions brought by survivors did not have an opportunity to go to court and tell a judge what hap- pened and have their stories report- ed and validated, As a result of the settlement, result, there was the need for some kind of forum for the experience of those who went to the schools." The commissioner said he' " said Sinclair. "As a still shocked by the details emerg- ing from documents turned over to the commission and was par- ticularly stunned by a 19th-cen- tury report to the government s 'One of the difficulties we have always faced, virtually from the outset, was that we were under-resourced,' says Justice Murray Sinclair. Photo: Truth and Reconciliation Commission by a medical officer with the Department of Indian Affairs. The doctor expressed alarm at the high numbers of children who were dying in the residential system before the age of 16. The report estimated the death rate at an astonishing 60 per cent. school said Sinclair. According to Sinclair, the com- mission is fighting an uphill battle to collect and store all of the rele- vant documents provided to it. The commission' million came out of the compensa- tion fund created by the settlement. "One of the difficulties we have always faced, virtually from the outset, was that we were under- resourced, resource centre the commission is committed to establishing at the end of its mandate, Sinclair said it received a quote of a minimum $25 million simply to assess and file all of the documents it collects in a basic searchable database. Estimates for a more user-friendly system have come in as high as $300 million. "It' In planning for the national " Sinclair said. more than we can afford," said s next national s overwhelming because it's Sinclair. The commission' event is in June in Saskatoon. LT s total budget of $60 PAGE 13 ONTARIO LAWYER'S PHONE BOOK 2012 YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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Includes lists of: • • • • Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions • Ontario courts and services, including a section for provincial government ministries, boards and commissions The Institute of Law Clerks of Ontario Small claims courts • Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation • Provincial and territorial departments of education should work with the com- mission to develop age- appropriate materials about residential schools for use in public schools. www.lawtimesnews.com OLPB - 1-2 page 4X.indd 1 1/20/12 10:42 AM CANADIAN LAW LIST Fax and telephone numbers, e-mail addresses, office locations and postal codes

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