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The Truth and Reconciliation Commission of Canada and Crown- Aboriginal Relations

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The Truth and Reconciliation Commission of Canada and Crown- Aboriginal Relations Western University Scholarship@Western Electronic Thesis and Dissertation Repository 12-20-2016 12:00 AM The Truth and Reconciliation Commission of Canada and Crown- Aboriginal Relations Timothy E.M. Vine The University of Western Ontario Graduate Program in Political Science A thesis submitted in partial fulfillment of the equirr ements for the degree in Doctor of Philosophy © Timothy E.M. Vine 2016 Follow this and additional works at: https://ir.lib.uwo.ca/etd Recommended Citation Vine, Timothy E.M., "The Truth and Reconciliation Commission of Canada and Crown-Aboriginal Relations" (2016). Electronic Thesis and Dissertation Repository. 4407. https://ir.lib.uwo.ca/etd/4407 This Dissertation/Thesis is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Electronic Thesis and Dissertation Repository by an authorized administrator of Scholarship@Western. For more information, please contact [email protected]. i Abstract The Indian Residential School system was one of the most visible instances of a broader colonial project that sought to destroy Aboriginal difference in Canada and overthrow a relationship based on treaties and mutual respect. As part of an out-of-court settlement of several class action law suits by school survivors against the federal government and churches, the Truth and Reconciliation Commission of Canada was tasked with setting a historic record of the effects of the residential schools and fostering reconciliation between the parties to the settlement (including Aboriginal plaintiffs, the Government of Canada, the Roman Catholic Church, Anglican Church, United Church, and Presbyterian Church). This research argues that the Truth and Reconciliation Commission of Canada represents a transformative opportunity in Crown-Aboriginal relations that has the potential to initiate a decolonial and collaborative framework where Crown and Aboriginal governments will interact as equals. This conclusion is supported by interviews with influential individuals involved in the establishment of the commission from the Assembly of First Nations, former government ministers, bureaucrats, and church leaders. Far from prescribing an outcome of reconciliation this study argues the Crown needs to follow a political ethic that makes room for Aboriginal agency in negotiating the continuing relationship between the Crown and various Aboriginal peoples in order to move away from the current colonial interactions. Keywords Truth and Reconciliation Commission of Canada, Indigenous, Aboriginal people, Crown, Decolonisation, Indian Residential Schools, Reconciliation. ii Table of Contents Abstract ............................................................................................................................... i CHAPTER ONE: Introduction Context and History of the Truth and Reconciliation Commission of Canada .................... 2 Purpose, Themes, and Structure ............................................................................................... 5 CHAPTER TWO: Methodology Introduction .............................................................................................................................. 12 The Sample ................................................................................................................................ 12 The Interviews .......................................................................................................................... 16 Supplementary Material .......................................................................................................... 18 The Analysis .............................................................................................................................. 18 Conclusion ................................................................................................................................. 21 CHAPTER THREE: Theory Introduction .............................................................................................................................. 22 Towards a Historico-Political Understanding of Aboriginal peoples in Canada ............... 24 The project of unravelling ....................................................................................................... 30 Decolonisation, Revolution and Reform ................................................................................. 38 What is Reconciliation? ........................................................................................................... 43 Reconciliation as Politics .......................................................................................................... 53 Refining Reconciliation ............................................................................................................ 57 (Re)Conciliation or Reconciliation? ........................................................................................ 64 Four Aspects of Reconciliation in Canada ............................................................................. 68 Conclusion ................................................................................................................................. 72 CHAPTER FOUR: Colonisation: From Partnership to Wardship Introduction .............................................................................................................................. 74 The Start of Contact ................................................................................................................. 75 Treaties ...................................................................................................................................... 78 Relationship in Transition: Towards Wardship .................................................................... 86 Legal Regulation of “Indians” ................................................................................................. 94 The Indian Residential Schools ............................................................................................... 98 Conclusion ............................................................................................................................... 105 CHAPTER FIVE: Decolonisation: Representation and Autonomy Introduction ............................................................................................................................ 107 Dominant Approaches: “Representation in” ...................................................................... 108 Aboriginal Electoral Districts ................................................................................................ 109 Charlottetown Accord ............................................................................................................ 114 Royal Commission on Aboriginal Peoples ........................................................................... 116 Alternative Approaches: “Autonomy from” ........................................................................ 119 Conclusion ............................................................................................................................... 132 CHAPTER SIX: Truth and Reconciliation Commissions: A Comparative Perspective Introduction ............................................................................................................................ 135 From Restorative Justice to Truth Commissions ................................................................ 136 South Africa ............................................................................................................................ 143 Australia .................................................................................................................................. 149 Reconciliation .......................................................................................................................... 150 iii Truth ........................................................................................................................................ 156 (Im)Balance of Power ............................................................................................................. 158 The Truth and Reconciliation Commission of Canada ....................................................... 163 Canadian (Im)Balance of Power ........................................................................................... 167 Conclusion ............................................................................................................................... 174 CHAPTER SEVEN: Transformative Opportunities: The Canadian TRC and the Possibility of Change Introduction ............................................................................................................................ 175 What is a Transformative Opportunity? ............................................................................. 176 Transformation and Reconciliation ...................................................................................... 181 The Prospects for Change ...................................................................................................... 184 Impediments to Success ......................................................................................................... 189 Sincerity of the Partners ........................................................................................................ 195 Conclusion: Better than What Came Before ......................................................................
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