Personal Recollections and Civic Responsibilities: Dispute Resolution and the Indian Residential Schools Legacy
Personal Recollections and Civic Responsibilities: Dispute Resolution and the Indian Residential Schools Legacy by Maegan Hough LL.B./B.C.L., McGill University, 2007 B.A. hons, York University, 2004 A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Laws in the Faculty of Law Maegan Hough, 2014 University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee Personal Recollections and Civic Responsibilities: Dispute Resolution and the Indian Residential Schools Legacy by Maegan Hough LL.B./B.C.L., McGill University, 2007 B.A. hons, York University, 2004 Supervisory Committee Jeremy Webber, Faculty of Law Supervisor Matt James, Department of Political Science Co-Supervisor iii Abstract Supervisory Committee Jeremy Webber, Faculty of Law Supervisor Matt James, Department of Political Science Co-Supervisor The author attended Independent Assessment Process (IAP) hearings as part of the Indian Residential Schools Settlement Agreement. Her experience in IAP hearings raised questions about our approach, as Canadians, to historical wrongs, especially those, like loss of language and culture, which fall outside of the purview of criminal and tort- law. This thesis explores the legal, social, and political dispute resolution mechanisms available in Canada to address harms as they have been applied to the Indian Residential Schools Legacy. It finds that the approach to date has been limited by the assumptions inherent in those institutions. The author proposes that Canadians, as a society, need to reframe and restart our discussion about harms and reparations using a framework of “responsibility”, and provides some possible mechanisms to begin that discussion.
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