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An Evaluation of Canada's Truth and Reconciliation Commission (TRC

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An Evaluation of Canada's Truth and Reconciliation Commission (TRC An Evaluation of Canada’s Truth and Reconciliation Commission (TRC) through the Lens of Restorative Justice and the Theory of Recognition By Konstantin Petoukhov A Thesis submitted to the Faculty of Graduate Studies of The University of Manitoba in partial fulfilment of the requirements of the degree of Master of Arts Department of Sociology University of Manitoba June 2011 Copyright © 2011 Konstantin Petoukhov i ACKNOWLEDGEMENTS I would like to thank sincerely my thesis advisor Dr. Andrew Woolford, Department of Sociology, for his excellent guidance. I am indebted to him for his insightful comments, attentive support, and constructive criticisms, all of which have made thesis writing an unforgettable and rewarding experience. It has truly been a pleasure researching and working under your supervision. Big thank-you to Dr. Rick Linden, Department of Sociology, for his input and suggestions, especially with regards to my methods chapter, and being available when I needed your advice. I extend my gratitude to Dr. Renate Eigenbrod, Department of Native Studies, for her suggestions, expertise, and hard work, especially in the initial stages of my thesis writing, and her continuous feedback and support up until my thesis defense. I am proud to say that my advisor and my committee members are my “dream team.” I would also like to thank my partner Alicia Sosa Lerin (and her sister and parents) for being by my side and supporting me as I was writing my thesis. Your patience and humour have seen me through this task. Huge thanks to my fellow students in Sociology (including my lunch buddy Aaron Klassen), with whom I have formed friendships and spent time outside the university. I would also like to extend my gratitude to the faculty and staff of the Department of Sociology, University of Manitoba for making the department a very special place to me and creating an environment in which students can excel. Special thanks to Heather Patterson, Administrative Assistant in the Faculty of Arts, Lori Wilkinson, Associate Professor, Department of Sociology, and Russell Smandych, Professor, Department of Sociology, for assisting me with my application to the graduate program in Sociology. I wish to acknowledge the recognition and financial support of a University of Manitoba Graduate Fellowship, Faculty of Graduate Studies Janice Filmon Award, Aboriginal Issues Press Scholarship, Faculty of Arts J.G Fletcher Award, and the various travel scholarships that have allowed me to complete my thesis. The financial support of a Social Sciences and Humanities Research Council Award and Department of Sociology’s and Faculty of Graduate Studies’ Tri-Council Award Holders Top Up made it possible for me to immerse myself in research and not be distracted by non-academic work. I appreciate all financial contributions that I have received during my course of my Master’s degree. I would like to thank my parents, Sergei and Irina, my sister Jenya, and my cat Nika, and my extended family for their encouragement and moral support while I was completing this thesis. You are a great family, albeit unconventional, and I am proud to be part of it. We have been through a lot together and your perseverance and hard work is what made this thesis possible in the first place. ii TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………………ii ABSTRACT…………………………………………………………………………..........iv CHAPTER 1: INTRODUCTION……………………………..……………………………....1 CHAPTER 2: HISTORICAL CONTEXT…………………………………………………….5 Precursors to Indian Residential Schools………………………………………6 “The Early Years:” Residential School Experiment in New France…………9 Goals and Objectives of Indian Residential Schools………………………….12 Governing the Education of Métis and Inuit Peoples………………………...17 Indian Residential Schooling: Quality of Education…………………………18 Abuse in Residential Schools…………………………………………………..22 Neglect and Disease in Residential Schools………………………………...…27 Resistance to Residential Schooling…………………………………………...30 The Legacy of the Residential School System………………………………...34 The Aftermath: Addressing Residential School Experiences………………..37 CHAPTER 3: CONCEPTUAL AND THEORETICAL FRAMEWORKS……………………….42 Restorative Justice……………………………………………………………...42 Victim-centeredness……………………………………………………...45 Inclusiveness and engagement…………………………………………...47 Negotiations of restorative processes……………………………………48 Restoration of victims’ identities, respect, and dignity…………………..49 Symbolic/material reparations…………………………………………...50 Truth-seeking and overcoming the denial of injustice…………………...51 Challenges and limitations of restorative justice………….……………..52 The Theory of Recognition……………………………………………………..54 Truth Commissions……………………………………………………………..62 Restorativeness of truth commissions……………………………………63 Non-restorative qualities of truth commissions………………………….70 CHAPTER 4: METHODOLOGY..........................................................................................74 Restorative Justice and Recognition: A Coding Scheme.................................74 Secondary Data Sources......................................................................................77 Primary Data Sources..........................................................................................77 iii CHAPTER 5: EVALUATION OF THE CANADIAN TRC.......................................................83 TRC as a Negotiated Institution.........................................................................84 Early stages of the TRC’s design..............................................................85 Limitations of the TRC’s negotiations.......................................................86 Beginning of the TRC’s operations...........................................................88 TRC as an Inclusive Process...............................................................................93 Inclusiveness of the TRC Mandate............................................................93 Inclusiveness of TRC events......................................................................94 Challenges to the inclusiveness of TRC events.........................................97 Exclusion of perpetrators from TRC events............................................100 Victim-Centredness and Empowerment in the TRC’s Context....................102 Individual empowerment at TRC events..................................................102 Community empowerment.......................................................................104 TRC and Truth-seeking....................................................................................108 TRC and truth-telling...............................................................................108 Challenges for truth-telling and truth-seeking........................................112 TRC and Symbolic Reparations......................................................................116 TRC and commemoration initiatives.......................................................117 Government’s promise to repeal sections of the Indian Act...................119 Restoring Survivors’ Dignity and Self-respect...............................................120 Perpetrators’ acknowledgement of wrongful acts...................................120 The role of the TRC in the acknowledgement of the harm done..............122 Recognition of Aboriginal Identities................................................................124 CHAPTER 6: CONCLUSION, LIMITATIONS, AND FUTURE RESEARCH............................128 The Transformative Potential of the TRC.......................................................128 The TRC and transformative change.......................................................134 Limitations and Challenges...............................................................................139 APPENDIX A (CONSENT FORM)......................................................................................142 APPENDIX B (INTERVIEW SCHEDULE)...........................................................................145 BIBLIOGRAPHY...............................................................................................................146 iv ABSTRACT Canada’s Truth and Reconciliation Commission (TRC) was established as one of the responses seeking to address the harm done by the Indian residential school system. While the main goals of the TRC include discovering truth and promoting healing and reconciliation, it is necessary to critically interrogate its design and activities in order to gain insight into its potential to allow Canada to move beyond trauma and build a just future. To accomplish this challenging task, my thesis employs qualitative research design and applies the conceptual framework of restorative justice, Charles Taylor’s theory of recognition, and Nancy Fraser’s tripartite theory of social justice in an attempt to assess the TRC’s restorative and recognitive potential. The main finding of this thesis is that the TRC is not fully restorative and possesses limited potential to contribute to the decolonization of Canada. 1 CHAPTER 1: INTRODUCTION This thesis evaluates the Indian Residential School Truth and Reconciliation Commission of Canada (TRC) through the lens of restorative justice and the theory of recognition. The research question addressed in this thesis is as follows: To what extent do the design and practices of Canada’s TRC incorporate principles of restorative justice and is the TRC likely to succeed in providing adequate recognition to Aboriginal peoples for the injustices of residential schools?
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