“Reconciliation Lawyering” An Introduction to the TRC and its 94 Calls to Action.

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Presentation transcript:

“Reconciliation Lawyering” An Introduction to the TRC and its 94 Calls to Action

CONTEXTUALIZING THE TRC REPORT

The Indian Residential Schools Settlement Agreement (IRSSA) -Largest class action settlement in Canadian History -Recognized damage inflicted by residential schools -Established multi- billion-dollar fund to help former students in recovery

Five Components of the IRSSA Common Experience Payment Independent Assessment Process Health and Healing Services Truth and Reconciliation Commission Commemoration

Five Components of the IRSSA Common Experience Payment ($1.9 billion) Independent Assessment Process ($1.7 billion) Health and Healing Services ($125 million) Truth & Reconciliation Commission ($60 million) Commemoration ($20 million)

The Commission & Its Mandate

Our Focus: “The Calls to Action”

Structure of the Calls to Action? “to redress the LEGACY of residential schools…” Child Welfare: 1-5 Education: 6-12 Language & Culture: Health: Justice: “…to advance the process of Canadian RECONCILIATION” UNDRIP; Royal Proclamation & Covenant Equity in Legal System National Council for Reconciliation Training for Public Servants Church Apologies Education for Reconciliation Youth Programs Museums and Archives Missing Children and Burial Information Commemoration Media and Reconciliation Sports Business Newcomers to Canada

THREE LENSES FOR READING THE CALLS TO ACTION 1.“THE LEGAL PROFESSION” What is the profession to do about ongoing education (#27 & 28) 2.“THE INDIVIDUAL LAWYER” What recommendations implicate your clients? What do you need to know to advise them properly? 3.“THE INDIVIDUAL PERSON” What things might one do at the place they are at in order to answer the call? (as a parent, congregationalist, activist, consumer, neighbour…) “While the majority of the report’s recommendations are not directly aimed at lawyers, their implementation largely depends on the engagement of lawyers” (LSBC News Release Nov 4, 2015)

One Strategy for Reading the Calls… A.WHO is being called upon? Government; schools; organizations; peoples; parties to IRSSA; Parliament; Prime Minister; social justice groups … B.What are ‘they’/’we’ being asked to DO? Fund; Report; Enact; Develop; Monitor; Repeal; Implement …

IDEAS ABOUT WAYS FORWARD?… Institutional Creativity re Educational Possibilities -Occasions for collaboration; new skills development -Platforms to share ‘best practice’ stories Projects of Self-Education – Read the TRC Summary – Listen to/watch the Summary – Start a Book/Film Club (memoires; movies) Projects of Reconciliation (sharing, trying) – #ReconciliationSyllabus (law school ideas) – #CraftReconciliation (minecraft meets reconciliation) – N'we Jinan Eeyou Istchee Tour (music and arts) – #ReMatriate (gender and art) – Language lessons; Place names –