Tag: truth and reconciliation commission

  • Reconciliation with Indigenous Peoples in Universities and Colleges

    Reconciliation with Indigenous Peoples in Universities and Colleges

    Reconciliation has become the buzz word of the decade ever since the Truth and Reconciliation Commission (TRC) of Canada published their report on residential schools in Canada.* The TRC, headed by (then) Justice Murray Sinclair, heard from residential school survivors, families and native communities from all over Canada about their experiences in residential schools and their lives afterwards. These schools lasted for over 100 years, with the last one only closing in 1996.

    Despite being called schools, residential schools were actually designed to separate native children from their parents, extended families and communities, for the express purposes of assimilating them into, what the TRC describes as “Euro-Christian society”. Thousands of children were starved, neglected, tortured, medically experimented on, mentally, physically and/or sexually abused or even murdered. Their experiences have had long-lasting, inter-generational impacts on many more thousands of children, grandchildren and great-grandchildren.

    The TRC offered 94 Calls to Action directed to the federal and provincial governments, churches, businesses, the media, the public at large and, specifically, universities and colleges. The report went well beyond just the 94 specific Calls to Action – it also talked about reconciliation with native peoples generally. However, as is the case with many Royal Commissions, Public Inquiries and other similar reports, many Canadians never read them. The failure to read the TRC report, didn’t stop people from taking the word “reconciliation” and literally applying it to everything they do that touches on native issues and calling it “reconciliation”. I think reconciliation has gone off track.

    To my mind, the word reconciliation should have substantive meaning; not just in the residential school context, but in the entire relationship between native peoples and the Crown. Firstly, it should be about exposing the whole truth of the genocide committed in Canada beyond residential schools. The TRC concluded that what happened in Canada was cultural genocide, but more than that, it was also physical and biological genocide. Canada needs to come to terms with that. It needs to come to terms with genocide in all of its forms, both historic and ongoing.

    Secondly, reconciliation is about Canada taking full responsibility for this genocide.There should be no diminishing the experiences of survivors; no making excuses; no trying to justify what happened; no using semantics to try to downplay the atrocities committed; and no denying any of the harms suffered by native peoples. In any discussion about reconciliation, we should be centering the voices of the survivors and not the perpetrators, just like the TRC did.

    Lastly, we can never get to real reconciliation without Canada making a real apology – not a court ordered apology, or carefully worded political apology approved by Justice lawyers. I mean a real apology where Canada:

    (a) accepts responsibility for all of its actions and consequences; 

    (b) promises never to do it again, and in fact, doesn’t do it again; 

    (c) makes full amends for ALL of the harms done – which may include compensation, but is not               limited to compensation.

    Canada, in general, seems think that a political apology, coupled with meager monetary compensation and some commemoration is enough to ask all of us to move forward. There is a real problem with moving forward when the whole truth has yet to be exposed. If moving forward means skipping over the rest of the truth and focusing on superficial acts, like renaming National Aboriginal Peoples’ Day to National Indigenous Peoples Day, then we are very far away from reconciliation.

    It is also incredible that Canada could even fathom moving forward when it has failed to stop the harms from continuing. For example, while the last residential school closed in 1996, this was followed by the 60’s scoop forced adoptions of native children into white families all over the world. That was then followed by the crisis of of over-representation in foster care. There are more native children stolen from their parents, families and communities today, than at the height of residential schools. In fact, the crisis of over-representation in foster care has even been acknowledged as a “humanitarian crisis” by federal officials. 

    When I say Canada, I want to be clear that I am talking about federal, provincial, territorial and municipal governments for sure; but also churches, Canadian citizens, mainstream media, corporations, businesses, universities and colleges. Every single person and institution in Canada has benefited from the genocide and dispossession committed against native peoples  – either directly or indirectly. That makes lots of people uncomfortable to hear, but it is the reality. Most people have long thought that the so-called “plight” of native peoples was the responsibility of government alone – often willfully blind to their own roles.

    Universities, colleges and training institutes in particular, have benefited directly from the dispossession of native peoples from their lands and sometimes benefited directly from Indian monies held in trust by the Crown. They have long excluded native peoples as faculty and administrators, while at the same time educating countless generations of Canadians and international students a sanitized version of both history and the present. Native voices and realities has been erased by universities for many decades. While it is very positive to see many universities and colleges embracing the TRC report and taking concrete steps to advance reconciliation, it has become very clear that there is a fundamental misunderstanding about what reconciliation really means in a university context.

    The TRC called on universities and colleges to undertake the following:

    Call to Action #16 – Create Aboriginal language degrees and diploma programs;

    Call to Action #24 – Medical and nursing schools to provide a mandatory course dealing with            Aboriginal health issues, which includes skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism;

    Call to Action #28 – Law schools to provide a mandatory course in Aboriginal people and the law with required skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism;

    Call to Action #65 – Social Sciences and Humanities Research Council (SSHRC) and post-secondary institutions and educators establish a national research program with multi-year funding to advance understanding of reconciliation; and

    Call to Action #86 – Journalism programs and media schools provide mandatory education for all students on the history of Aboriginal peoples.

    However, it must be kept in mind that reconciliation goes well beyond those specific Calls to Action. Universities and colleges have a long way to go to address their role in the dispossession and oppression of native peoples – both historic and ongoing. However, I think this discussion needs to happen in reverse. Before I share some ideas about what universities should be doing to advance reconciliation, it may be more useful to look at some examples of what should NOT be considered reconciliation and why. 

    Not Reconciliation list:

    (1) Apologize for university’s past contribution to oppression of native peoples;

    (2) Give a land acknowledgement;

    (3) Senior administration or professors attend a First Nation community or pow-wow;

    (4) Hang native art on campus;

    (5) Change street names or building names on campus;

    (6) Partake in cultural sensitivity training or Aboriginal History 101;

    (7) Watch documentaries like Colonization Road;

    (8) Read Thomas King’s The Inconvenient Indian (I love this book);

    (9) Send a First Nation or organization an email asking what you can do to help;

    (10) Hire more native peoples to reflect our % of the population;

    (11) Have an elder open and close your conferences;

    (12) Nominate a native person for an award;

    (13) Invite native faculty to sit on committees or Senate;

    (14) Create an Aboriginal Advisory Committee on campus;

    (15) Send a happy National Aboriginal Day tweet or Facebook post;

    (16) Include First Nations in your research projects; and/or

    (17) Invite native speakers into your classrooms.

    There are many universities and colleges doing a number of the above items under the banner of reconciliation right now. Some may have even done some of these prior to the TRC report. However, I have seen a number of universities include some of these items in their reports on reconciliation. To my mind, none of these items fall under reconciliation. They are all important in different ways, and universities, should be doing these things, but they are not reconciliation.

    Why not?  Because most of the items on the above list should already be done in universities and colleges as a matter of law – as per federal and provincial human rights laws; employment laws; non-discrimination laws; equality laws; and campus commitments to diversity, equity and inclusion. Universities don’t get to pat themselves on the back for doing what they should have been doing all along under the law. Furthermore, some of the actions noted above should be happening as a matter of academic practice. If you teach about native issues, it should be a given that native voices and content are centered. It’s a matter of professional ethics and academic standards that faculty learn about the subjects they teach – or ought to be teaching. 

    The following represents a few things that universities should be doing under the banner of real reconciliation:

    Real Reconciliation:

    (1) Ensure that you hire native faculty and staff that reflects plus 20% extra hires to build institutional capacity; provide support for new hires; and to make amends for having excluded native peoples for all these years;

    (2) There should be proportional (20%) native hires in ALL faculties and departments, especially politics, law, science, engineering, medicine and business (in addition to social work, midwifery & native studies);

    (3) Do NOT ever hire just one native faculty member at a time. That is an incredibly unfair burden to that faculty member as everyone, even with the best of intentions, will want their advice, guidance, ideas and participation of that one faculty member on every committee, project and initiative;

    (4) When you hire, you must develop workloads and expectations around the fact that many First Nation hires will have community-based expectations/obligations that should be accommodated.

    It is their connection to their First Nations, their knowledge exchange and community-based work that often informs who they are, how they teach and what they teach.That unique knowledge and experience comes with commitments to their home communities which takes time and energy and should be accommodated and counted.

    (5) Don’t stop at recruitment and hiring of native faculty and staff. Think about what your institution does to KEEP them there, i.e., professional supports, active mentorship, recognition, research dollars, promotions, pay levels, leadership opportunities, advanced training and skill development and flexible or alternative work arrangements.  (6) Keep current commitments to native faculty and staff. For example, if you have a Chair in Traditional Native Medicine, make sure that Chair is made permanent, funded from core university dollars and not dependent on external funders (i.e., supported only if the funds are available). Making reconciliation initiatives dependent on the goodwill of corporate funders puts them all at risk given the fact that native peoples are largely discriminated against in the corporate world. Universities must engage in real sacrifices – of power and wealth – in order to engage in real reconciliation. That means the university itself must dedicate and protect the funds for reconciliation initiatives – includes faculty, staff, chairs, research and projects.

    (7) Real reconciliation is about more than who teaches, it also requires that native peoples also be represented in the governance and senior administration of universities and colleges – as Presidents, Provosts, Chancellors and on boards of governors. They must be part of the decision-making mechanisms throughout the institution – including in the unions, committees and Senate, on all issues, but especially those that impact native peoples specifically.

    (8) Native peoples need to be the ones deciding how targeted native research funding is distributed; who gets research chairs in native issues; and how academic success is measured – that means including the community-based work and advocacy that is an inherent part of the lived personal and professional realities of many native peoples.

    (9) First Nations and Inuit communities need to have a direct line of input into university programs, curricula, research and governance that impact them and their students. It is not good enough to have one native faculty or several native staff members speak for diverse Nations. The relationship needs to include voices inside and outside the institution.

    (10) Every university and college sits on native territory should reflect local native languages, cultures and symbols throughout the campus, in ways that are directed by native peoples (with a focus on local native communities) and respectful of their cultures. It is not good enough to have just one dedicated “native” area – like a statue, park bench or student centre. Our presence must be reflected throughout the campus(es).

    (11) The benefit and privilege of a university education and research needs to be fully shared with local First Nations, with more focus on open access to information and publications and translation of research in accessible formats for community use.

    (12) Universities need to think about education beyond tuition-paying students and include strategic partnerships and alliances with native communities to help fill research, policy and/or technical gaps that exist due to chronic under-funding and failure to implement treaties, by building these requirements into courses and research or special projects.  (13) Universities could help make amends for past harms. Take for example, the crisis of disappearing native languages. Universities and colleges in partnership with native communities, elders and languages speakers, could help prevent native languages from extinction. Together, they could develop comprehensive k-12 education, as well as community-based native language instruction, to try to undo the devastating impacts of Canada’s assimilatory policies and the university’s roles in it.

    (14) Universities need to ensure that their reconciliation plans are co-developed by native communities and experts – which may include faculty, but also those external to the university that are not at any risk of retaliation or ostracization. Without native peoples directing the path forward, universities risk of forging ahead with superficial plans, or replicating the status quo. (15) Universities must also focus on the recruitment, retention and support of native students towards academic success. This includes not only a welcoming atmosphere, various student supports like housing and grants, but also native faculty advisors, native courses, and special research projects and other opportunities.  (16) Universities must take active measures against the growing trend of rushing to hire “self-identified” native peoples who are not native, not connected to community and have no lived experience as a native person. Universities are being flooded with those making false claims and universities commit further harms to actual native people by taking no action to prevent it from happening.  When frauds take our places in universities as students, staff or faculty, our voices are once again erased and our identities over-shadowed by white ethnicity shoppers whose only claim to Indigeneity is ancestry.com or some distant relative from 400 years ago. At best, these frauds skew our numbers and taint our research, and at worst, they proactively work against real native peoples.

    (17) Universities must find ways to prevent Deans from using the same old racist tactics, like using so-called “merit” versus “diversity” as a way to keep native people out of universities. This perception of merit is very biased and often used in racist ways to discriminate against native peoples. It has been used to keep women out of the boardroom and with lower salaries. It has also been used by non-native Deans to keep native peoples out of tenure-track positions. Even after the TRC report, I have still seen Deans revert to this racist form of excluding native peoples – as if their traditional Indigenous knowledges, their professional experiences, their community-based work are not valued the same as a non-native’s traditional educational background as “merit”.

    There is a lot to do and it will require a fundamental shift in both thinking and practice. It will require real changes – a transfer of both power and wealth. This requires that universities make sacrifices to make space for native peoples – not simply Indigenize here and there. Universities can’t simply tweak their current structures and expect substantive results.  Clearly there is a great deal that university can and should be doing. This blog is already too long to include a much longer list. I truly believe that some of this will happen in short term, and some of it will take a little longer. But without real native people at the helm – directing the path – it runs the risk of preserving the same status quo or worse. I believe that we are at a turning point.  The TRC has helped jump start both conversation and action at the university and college level. We just need to ensure the way forward is co-developed by native peoples and communities, together with universities and colleges. We have a real opportunity to make lasting, impactful changes. Let’s move beyond the superficial and engage in real, transformative reconciliation now – which will mean doing things as they haven’t been done before. We’re ready academia – are you?

    For those who prefer audio, here is a link to my Warrior Life podcast based on this blog: https://soundcloud.com/pampalmater/indigenous-reconciliation-in-university-and-colleges For those who want more information, here is a link to my Woodrow Lloyd Lecture on Reconciliation at the University of Regina in 2018: https://www.youtube.com/watch?v=89s3l2mYGWg&list=PLDnK0xT7aXRBut5qi5rlJrDQWpS-Pxu1v&index=2&t=3083s

    *This blog is based on a much longer speech that I delivered in Halifax for the Canadian Centre for Policy Alternatives in 2018.

  • Genocide or Mass Murder – Canadian and Church Officials Must be Held to Account

    What happened in residential schools was not “cultural genocide”. It wasn’t “language genocide”. And it wasn’t “almost genocide”. What happened in residential schools was genocide. Canadian officials targeted Indians for assimilation and elimination purely for economic and political reasons. Scalping bounties on certain Indigenous Nations are indicative of such a lethal mentality.

    Canada wasn’t killing Indians because of our cultures; it was killing Indians to get rid of the “Indian problem” as Indian Affairs officials kept referring to it. Commentators often refer to Duncan Campbell Scott’s quote regarding Indian policy in Canada as proof that the intention was assimilation and not elimination.

    Scott was the deputy superintendent general for the Department of Indian Affairs from 1913 to 1932, who explained in 1920:

     “I want to get rid of the Indian problem. […] Our objective is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question and no Indian Department”.

    However, there is more to the story than this. In 1907, Dr. Peter Bryce, the Chief Medical Officer for the federal government, wrote a report on the conditions in residential schools that detailed the astounding number of deaths of Indian children in those schools.(1)

    The government’s own lawyer also warned Canadian officials in 1907:

    “Doing nothing to obviate the preventable causes of death, brings the Department within unpleasant nearness to the charge of manslaughter.”(2)

    Yet, there was no shock and alarm at the time nor did anyone from Indian Affairs come up with an emergency action plan to protect Indigenous children whom Scott referred to as “inmates”.

    Surprisingly, the deaths of Indigenous children appeared to be in line with the objective of the policy.

    In 1910, Scott explained in a letter he wrote to one of his Indian Agents:

    “Indian children… die at a much higher rate [in residential schools] than in their villages. But this alone does not justify a change in the policy of this Department, which is geared towards a final solution of our Indian problem”.

    Residential schools were never a well-intended policy “gone wrong” as claimed by former Minister of Indian Affairs, John Duncan. They were death camps for nearly half of all the “inmates” who entered some of those schools. The tiny hand-cuffs and the electric chairs speak of horrors completely unrelated to “education”.

    These children didn’t die from smallpox or some other series of unfortunate and unpreventable events in those schools. Many of these children were starved, tortured, beaten, raped, and murdered. Nutritional tests and medical experimentations were done on these children only to be denied to benefit of the very medicines created at the expense of their suffering. This sounds eerily familiar to horrors inflicted on other populations around the world.

    Survivor stories of frequent rapes, forced abortions, and unmarked graves stand in stark contradiction to any notion of a benign education policy – especially once government, church and law enforcement officials became aware of what was happening. Why else did these schools have graveyards instead of playgrounds?

    It is too easy for politicians to claim “cultural genocide” now, when they are well aware that cultural genocide was specifically left out of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.(3)

    Much of the debate has focused on whether or not Canada “intended” to kill Indians. According to international legal experts, leaders can be held accountable if they knew or should have known about the actions and failed to prevent them. Direct evidence of intent is not necessary but can be inferred from circumstantial evidence. The few excerpts above prove that Canadian officials knew not only of the poor conditions in residential schools, but the large number of deaths that were occurring, and that they could be held accountable for “manslaughter”.

    Genocide, by the UN definition, is said to include:

            “Killing members of the group;

            Causing serious bodily or mental harm to members of the group;

            Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

            Imposing measures intended to prevent births within the group; and

            Forcibly transferring children of the group to another group.”(4)

    Many have argued that the totality of Canada’s actions towards Indigenous peoples amounted to genocide. In other words, Canadian officials have been guilty of some or all of the above genocidal acts.

    What is particularly striking is the genocidal act of deliberately creating the conditions of life meant to bring about the destruction of the group in whole or in part. The following acts have been found to be genocidal:

            “subjecting the group to a subsistence diet;

            systematic expulsion from homes;

            denial of right to medical services;

            creation of circumstances that would lead to a slow death, such as lack of proper housing, clothing and hygiene or excessive work or physical exertion; and

            rape.”(5)

    Think of the historic and ongoing conditions of many First Nations who were prohibited from leaving the reserve by law and given only minimal rations; or the Inuit and First Nations who were forcibly relocated from their homelands. There is also a direct link between Canada’s purposeful chronic underfunding of essential human services for First Nations (housing, water, sanitation) and their pre-mature deaths. In residential schools, children were starved, denied medical care, and many suffered slow deaths.(6)

    Genocide is the material destruction of a group – even if not all members of the group are destroyed. There is no set number of people that must be killed for the crime of genocide to occur. It does not need to mimic the worst holocaust to ne genocide. It must be a substantial part of the group. There is also no need for a government plan or policy to exist in order to find genocide. Even without a finding of genocide, the officials could still be charged with crimes against humanity or related crimes.(7)

    Given the significant death tolls, it does not matter whether the courts have accepted the claim of genocide, whether lawyers agree with the claim, or whether communications specialists think it might be too harsh a term to present to the Canadian public. What happened in residential schools were criminal acts back then, just as they are now. All of the people who had the power to stop these deaths (RCMP, Indian Affairs and the churches), not only knew about the deaths –  but refused to act. At the very least, that is criminal negligence causing death.(8)

    We will never get to reconciliation unless we know the truth – all of it. So far, we have only scratched the surface.

    Residential schools can’t be looked at in isolation. Indian policy included the forced sterilizations of Indigenous women and little girls. Forced sterilizations were never about our cultures – it was about eliminating our populations.(9)

    We are not over-represented in prisons, in child and family services and as murdered and missing Indigenous women and girls because of our cultures.

    We are targeted because we are Indians. Indigenous Nations stand in the way of unfettered land and water use, resource extraction and industrial development – i.e. complete environmental destruction in the name of corporate profit.

    Justice Murray Sinclair and the Truth and Reconciliation Commission (TRC) team have done the impossible – they succeeded in ensuring the voices of survivors were heard, that the atrocities committed in residential schools were documented, and that the truth be told. So far we have only seen the Executive Summary – the final report, which will be many thousands of pages long, will no doubt shed light on even more disturbing details.(10)

    In addition to the incredible emotional and psychological toll this must have taken on Justice Sinclair and his team, they stood strong in the face of the most aggressive anti-First Nation government Canada has been in years. They, together with the survivors, are true heroes.

    But we can’t expect the TRC to carry this burden alone. Nor is this story complete.

    The TRC went as far as it could to address the issue of genocide in the face of various legal considerations and consistent political denial that these schools were anything other than well-intended educational institutes.

    It’s on the rest of us to stand up for the truth and ensure Canadians know everything that happened in the schools covered in this report and the ones not yet exposed.

    Canada tried in various ways to eliminate our cultures – through residential schools and outlawing our ceremonies and practices in the Indian Act. This is all true.

    But Canada also created the conditions which led to our deaths by the thousands inside and outside residential schools. This is also true and this is genocide.

    Once we can put the truth in the table, then we can talk about reconciliation. We need to act on the TRC recommendations related to truth-seeking: a national inquiry on murdered and missing Indigenous women and girls, an investigation into the over-representation of Indigenous peoples in prison, and immediate action and reporting on the over-representation of Indigenous children in foster care.

    The Indian day school class action has just been accepted by the courts and that will likely also reveal similar abuses suffered by Indian children in even more schools.(11)

    We must focus on getting all the facts so we can finally see justice for Indigenous peoples and true reconciliation. A determination that Canada did not commit genocide does not put an end to the story. It’s only just the beginning and it’s not going to be as easy as saying sorry. Canadian and Church officials who committed such horrific crimes upon Indigenous peoples need to be brought to justice.

    The mass murder or manslaughter of our people requires criminal prosecution – just like it would anywhere else in the world. Canada doesn’t receive a “Get out of Jail free” card simply because it hid its atrocities so well. Real reconciliation requires justice.

    Selected Sources: (1) Dr. Peter Bryce, “A Story of a National Crime: An Appeal for Justice to the Indians of Canada” https://ia802705.us.archive.org/20/items/storyofnationalc00brycuoft/storyofnationalc00brycuoft_bw.pdf (2) CBC News, “Truth and Reconciliation Commission: By the Numbers” http://www.cbc.ca/news/aboriginal/truth-and-reconciliation-commission-by-the-numbers-1.3096185 (3) The National Post,  “Canada was ready to abandon 1948 accord if UN didn’t remove ‘cultural genocide’ ban, records reveal” http://news.nationalpost.com/news/canada/canada-threatened-to-abandon-1948-accord-if-un-didnt-remove-cultural-genocide-ban-records-reveal (4) UN Convention on the Prevention and Punishment of the Crime of Genocide https://treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf

    (5) Module 6: Genocide (International Criminal Law Services, European Union) pg. 26 International Criminal Law & Practice Training Materials Genocide

    (6) P. Palmater, Stretched Beyond Human Limits: Death by Poverty in First Nations

    http://crsp.journals.yorku.ca/index.php/crsp/article/view/35220/32057

    (7) Module 6: Genocide (see above)

    (8) P. Palmater, Genocide, Indian Policy and Legislated Elimination of Indians in Canada

    http://ejournals.library.ualberta.ca/index.php/aps/article/view/22225

    (9) Karen Stote, An Act of Genocide: Colonialism and the Sterilization of Aboriginal Women

    https://fernwoodpublishing.ca/book/an-act-of-genocide

    (10) Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada

    http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Exec_Summary_2015_05_31_web_o.pdf

    (11) CTV News, Federal appeal court gives OK on hearing First Nations Day-School Suit

    http://www.ctvnews.ca/canada/federal-appeal-court-gives-ok-on-hearing-first-nations-day-school-suit-1.1713809

    PLEASE SEE: Related videos on my Youtube Channel: https://www.youtube.com/watch?v=jfFeKGf51lo&t=202s