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Assessing the Link Between Historical Trauma, Indigenous Child Removal Policies and the Disproportionate Number of Indigenous Children in the Child Welfare System

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Assessing the Link Between Historical Trauma, Indigenous Child Removal Policies and the Disproportionate Number of Indigenous Children in the Child Welfare System A Significant Negative Impact: Assessing the link between Historical Trauma, Indigenous Child Removal Policies and the Disproportionate Number of Indigenous Children in the Child Welfare System By Sylva Howard John Sheridan BA (Hon.), CNP A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Master of Arts in Legal Studies Carleton University Ottawa, ON © 2021, Sylva Howard John Sheridan i Abstract This thesis explores historical trauma in the context of two governmental policies of Indigenous child removal: Indian1 Residential Schools (IRS) and the Sixties Scoop. Necropolitics, as theory, is addressed in relation to these policies. IRS and the Sixties Scoop contributed to intergenerational physiological and psychological trauma, including feelings of a loss of culture and language as well as historical trauma responses of depression and substance abuse. Nonetheless, there remains a spirit of individual and community resilience within many Indigenous communities in Canada. Through a critical discourse analysis and an historical trauma lens, the research examines how national governmental policies have contributed to a disproportionate number of Indigenous children in the child welfare system. Keywords: Historical Trauma, Historical Trauma Responses, Residential Schools, Sixties Scoop, Necropolitics, Resilience, Child Welfare 1 While the nomenclature of the term ‘Indian’ has been shifted to Indigenous, I have decided to use the widely accepted academic term of Indian Residential Schools (IRS) when discussing the residential schools and the Canadian residential school system. ii Acknowledgments Though my name is on this thesis, I cannot take all the credit. My siblings Jake & Hannah were terrific sounding boards & tolerated my (sometimes... rather often) erratic work habits over the last few years. In addition to the emotional support that I receive from them, they also provided me with coffee, memes, encouragement & even managed to get me away from my laptop once in a while. I truly am blessed for the gift of both of you in my life. I love you both. Thanks also to Emily & Pat for your encouragement! I am also very thankful for the adorable tiny humans (my nephews) that provide me with inspiration in their own special way; Samuel & Matthew, I love you immensely. To all extended members of the Courchaine-Sheridan family, you have my heart & profound gratitude for truly a wonderful life. My university experience benefited from the mentorship of Dr. Jane Dickson. As my extraordinary thesis supervisor, Dr. Dickson provided constructive encouragement along the way. Throughout the writing stage, each piece of feedback I received was important & improved this thesis greatly (and that includes the edited almost 100 pages that did not make it into the final version of this thesis!). I cheers you with a full glass of red wine & a tall Starbucks blonde roast. It was an honour and a privilege to learn from you. I wish to humbly thank Dr. Kim Matheson who graciously was my second reader. I also thank Dr. Robyn McQuaid for agreeing to be my external examiner. Their research into historical and intergenerational trauma was crucial in the development of this research project. I am also grateful for Professor Diana Young, who chaired my defense. Being a student at Carleton’s Law Department is a privilege as it affords you the opportunity to learn from interdisciplinary scholars. Thank you. Simple words, yet full of meaning. Thank you to the staff in the Department of Law & Legal Studies for their kind support. Whether it was booking office hours or program advice, each were invaluable in their support. Gratitude also goes to faculty members for always available for ‘hallway chats’. Special thanks to Dr. Philip Kaisary, Dr. Melanie Adrian, Dr. Stacy Douglas, Dr. Zeina Bou-Zeid, Dr. Rebecca Bromwich & Dr. Percy Walton. Thank you to the Faculty of Graduate and Postdoctoral Affairs for their financial support. I graduated from high school (SPX) fifteen years ago but I will never forget one of my high school teachers, Katherine Hayward, who always believed in me. To those who have passed on to their spiritual journey, I send love from a grateful heart to: My grandparents Rita & Sylva Courchaine, My grandfather Howard Sheridan, My beloved aunt Sylvia (Bia) & many close family friends. Each taught me life lessons I will not forget. Thanks also goes to Toby (who, during his life, was known as ‘da bestest puppy’). Most importantly, I owe a debt of gratitude to my parents, John & Mary Sheridan, for their continuous support. I am blessed & humbly grateful for their unconditional love & encouragement as I sought to complete my undergraduate degree & pursue graduate work. They are the foundation on which my life is built and they have taught me the cardinal virtues of faith, hope & love. Thank you for the land of Honahlee in beautiful Blue Sea. We are blessed to witness a piece of heaven on Earth. There is joy in Mudville once again. Great is Thy faithfulness, Lord, unto me iii Dedication I dedicate this thesis to my grandmother, Jacqueline Helena Sheridan. She taught me to climb every mountain & to feed the birds. She is a living saint & a light to all she meets. iv Table of Contents Title Page ............................................................................................................................ i Abstract ........................................................................................................................... ii Acknowledgments ........................................................................................................... iii Dedication ........................................................................................................................ iv Table of Contents .............................................................................................................. v List of Tables .................................................................................................................... vi List of Illustrations ......................................................................................................... vii List of Abbreviations ..................................................................................................... viii List of Appendices ............................................................................................................ ix Introduction ..................................................................................................................... 1 Chapter One: Historical Trauma Theory ...................................................................... 8 Chapter Two: Theoretical Approaches to Governance .............................................. 31 Chapter Three: Indigenous Child Removal Policies ................................................... 49 Chapter Four: The Overrepresentation of Indigenous Children in the Child Welfare System .............................................................................................................................. 69 Conclusion ....................................................................................................................... 88 Appendix 1: Truth and Reconciliation Calls to Action for Child Welfare ....................... 96 Appendix 2: National Inquiry into Missing and Murdered Indigenous Women and Girls Calls to Justice for Child Welfare ...................................................................................... 97 Bibliography .................................................................................................................... 99 v List of Tables Table One: The Historic Loss Scale ................................................................................. 21 Table Two: The Historic Loss Related Symptoms Scale ................................................ 22 Table Three: Considerations for Aboriginal Children, Families, and Communities in Primary Provincial or Territorial Legislation .................................................................... 79 vi List of Illustrations Illustration One: Thomas Moore at Regina Residential School .................................... 51 vii List of Abbreviations Indian Residential Schools .......................................................................................... IRS Missing and Murdered Indigenous Women and Girls .................................... MMIWG National Inquiry into Missing and Murdered Indigenous Women and Girls ........................................................................................................................... NIMMIWG Royal Commission on Aboriginal Peoples ............................................................ RCAP Truth and Reconciliation Commission .................................................................... TRC viii List of Appendices Appendix 1: Truth and Reconciliation Calls to Action for Child Welfare ....................... 96 Appendix 2: National Inquiry into Missing and Murdered Indigenous Women and Girls Calls to Justice for Child Welfare ...................................................................................... 97 ix Introduction Framing the Project It is fitting that a statue of Justitia, the Roman Goddess of Justice, is found outside many courthouses. At the Supreme Court of Canada, the statue bares a different representation. As opposed to most depictions, this particular statue does not have
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