“The Confederation Debates”: Promoting Reconciliation in grade 7-12 Curriculum

“The Confederation Debates”:

Promoting Reconciliation in grade 7-12 Curriculum

 

Daniel Heidt, dheidt@uwaterloo.ca

Robert Hamilton, robert.hamilton1@ucalgary.ca

 

The pursuit of reconciliation between Indigenous and non-Indigenous Peoples is becoming more and more widespread, permeating unexpected aspects of Canadian life. Many teachers across the country are eagerly taking up this challenge, but sometimes struggle to find accurate and appropriate lesson plans to work with.

The Confederation Debates took up this challenge in one small area by developing mini-units for grade 7-12 teachers that bring Treaty histories into Confederation discussions. For historians and legal scholars, the term “Confederation” is usually constrained to visions of the 1864 conferences at Charlottetown and Quebec City with the likes of John A. Macdonald, George-Étienne Cartier and Leonard Tilley. A charitable few academics extend this to include the Red River Resistance (around present-day Winnipeg), British Columbia and Prince Edward Island, which all entered Confederation by 1873. Even these depictions leave out many of Canada’s provinces as well as Indigenous Peoples not present for the Red River Resistance.

The Confederation Debates challenges these preconceptions. In addition to expanding the temporal scope of “Confederation” to include Canada’s most recently added provinces and territories, its leadership wanted the project to affirm that Indigenous Peoples were — and continue to be — “partners in Confederation” (as the Royal Commission on Aboriginal Peoples insisted). Thus, on the project’s website, treaty texts and records of treaty negotiation are positioned alongside the verbatim records of legislative debates about each province’s decision to join or reject Confederation.

While the project lacked the resources to reproduce the texts of all historic and modern Treaties, along with the records of their negotiation our team, a multi-disciplinary team comprised of Robert Hamilton, Daniel Heidt, Jennifer Thivierge, Bobby Cole and Elisa Sance, developed educational mini units that allow grade 7/8 and high school students across the country to develop a multifaceted understanding of their province’s entry intoBC-ConfederationDebates-Cover Confederation. To guide this team’s work, the project’s leadership sought the guidance of John Borrows, who provided helpful and regular oversight. Each mini-unit, catered to address each province’s curriculum requirements, is split into “parliamentary” and “Indigenous” sections. The former provides the research sources and original records necessary for an engaging mock parliamentary debate on a province’s entry into Confederation. The latter section contains two lesson plans about Indigenous peoples and their roles in shaping the country.

In developing these lesson plans, we sought to challenge historical narratives which minimize or erase the role of Indigenous peoples, providing an understanding of Confederation which recognizes Indigenous agency. This required rethinking notions of Confederation that construed Indigenous peoples as cultural minorities within a broader political community.  These activities were developed to emphasize simplicity, Indigenous agency, and fiduciary obligations. To that end, the mini-units begins with a brief summary for teachers about conceptualizing confederation:

There are two very distinct stories we can tell about Confederation and Canada’s Indigenous Peoples. In one story, Indigenous Peoples are largely invisible. Here, their only presence is found in s.91(24) of the British North America Act, 1867, where “Indians, and lands reserved for the Indians” were deemed to be federal, as opposed to provincial, jurisdiction. This has subsequently been interpreted as providing the federal government with a power over Indigenous Peoples and their lands. The Indian Act of 1876, which is largely still with us today, was passed on this basis. This created what political philosopher James Tully has called an “administrative dictatorship” which governs many aspects of Indigenous life in Canada. Many of the most profoundly upsetting consequences of colonialism are traceable in large part to the imposition of colonial authority through s.91(24) and the Indian Act of 1876. 

But there is another story as well. Canada did not become a country in single moment. Though the British North America Act, 1867, created much of the framework for the government of Canada, Canada’s full independence was not gained until nearly a century later. Similarly, the century preceding 1867 saw significant political developments that would shape the future country. Canada’s Constitution is both written and unwritten. Its written elements include over 60 Acts and amendments, several of which were written prior to 1867. The Royal Proclamation, 1763, for example, is a foundational constitutional document, the importance of which is reflected by its inclusion in s.25 of the Canadian Charter of Rights and Freedoms. The Royal Proclamation, 1763 established a basis for the relationship between the British Crown and Indigenous Peoples in North America. By establishing a procedure for the purchase and sale of Indigenous lands, the proclamation recognized the land rights of Indigenous Peoples and their political autonomy.

Both the pre-Confederation and post-Confederation treaties form an important part of this history and what legal scholar Brian Slattery calls Canada’s “constitutional foundation.” It is through Treaties such as these that the government opened lands for resource development and westward expansion. It is also through the treaty relationship that Indigenous Peoples became partners in Confederation and helped construct Canada’s constitutional foundations. 

Our challenge was to present narratives of Confederation that provide students with a glimpse into the complexity and pluralism in Canada’s founding in ways that were historically accurate and accessible for students in the grade ranges we targeted.

Towards this end, we developed two exercises focusing on Indigenous issues as part of the lesson plans. The first is a “leaving a trace” exercise that helps students to understand how cultural misunderstanding can come about, as well as how historical events are shaped by both the chronicler and the interpreter of historical narratives. The exercise requires students to silently draw their own recent activities or conversations and then ask their peers to interpret those ‘records’ without any contextual information. This exercise encourages students to think critically about the materials used in their second activity.

The second activity is a mock “museum curation” exercise where students learn about a Treaty in their province by breaking into groups to study one of up to six ‘artifacts.’ One group researches the treaty, other groups study Indigenous and Crown negotiators, and at least one group studies a cultural object that was important to the negotiations. For example, in the British Columbia exercise, groups receive one of the following:

  • Text of a Vancouver Island Treaty
  • Biography of Sir James Douglas
  • Biography of David Latass
  • Biography of Joseph Trutch
  • Written description of the WSÁNEĆ reef net fishery
  • Records of treaty negotiation and comments on treaty implementation

Each item or historical figure was carefully chosen for the historical information and perspectives they exemplified. Teachers also have a list of questions to guide discussion. The first group is provided with a text of one of the Vancouver Island Treaties. We felt that it was crucial for students to actually engage the text of treaty.

ReefNets-ConfederationDebates

Using these ‘artifact’ records, each group is expected to produce an exhibit to share their findings (ex. a diorama, poster etc…) and the teacher then guides the class through the exhibit with questions designed by our team to spur discussion. In the case of the Vancouver Island Treaty, for example, the questions include:

  • What rights and responsibilities are recognized in the treaty?
  • The treaty uses complex and technical legal language. Did you find it easy to understand?
  • Would it have been difficult for people who did not grow up speaking English to understand the language used?
  • Which of the parties to the treaty might have benefitted most from having it written this way?
  • How might current understandings of the treaty be shaped by the fact that the only copy is written in English and articulated in dense legal language?
  • What might be missing from the treaty as it is presented here?

These questions were designed to help teachers to guide the students through a critical Mistahimaskwa-ConfederationDebatesreading of the text while developing their critical faculties. Some of the questions could elicit quite sophisticated answers. But we also believed that it could open students’ (and perhaps even teachers’) minds to new ways of understanding treaty relationships.In addition to these questions, The Confederation Debates encourages teachers to invite local Indigenous leaders to also join this tour, hoping that it will allow these local leaders to comment on the displays and raise important questions about representations of historical relationships and the nature of the Crown obligations undertaken in the treaties.

Taken together, our team hopes that these activities will be one of the many tools that teachers will use to help their students explore history, historical narratives, Indigenous agency, and the meaning of Confederation. By helping students to learn that Confederation encompasses all of Canada’s provinces, territories and Indigenous Peoples, we hope to foster dialogues that will improve Indigenous and non-Indigenous relationships.

This work, however, is not yet finished. To complete its bold vision of educational materials, the project is still in need of volunteers. Despite undertaking considerable preliminary planning, the project ultimately lacked the resources to complete mini-units for the territories as well as Newfoundland and Labrador. If anyone is interested in co-developing the Treaty sections of these mini-units, please contact one of us and we’ll be happy to share the work completed to-date.

 

 

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Bannock, a Graphic Novel & Conversation: Re-framing Justice Using the Teachings from “Mikomosis and the Wetiko” — by Veronica Martisius

[Ed Note:  Veronica Martisius is a student at the University of Victoria Faculty of Law, the co-chair of the Indigenous Law Students Association, and was a co-op student with the Indigenous Law Research Unit at UVic during the 2018 Winter Term.  We invited her to contribute a post reflecting on the workshop discussed below.]

In the wake of the acquittals of Gerald Stanley and Raymond Cormier for the murders of two Indigenous young people, Coulten Boushie and Tina Fontaine, The University of Victoria arranged  ‘5 Days of Action’.  During those 5 days, faculties and groups across campus held a number of action-based events.  One of these was a collaborative workshop involving the Office of Indigenous Academic and Community Engagement, the Office of Equity and Human Rights, and the Faculty of Law.  The two-hour workshop was held at the First Peoples House and was open to the public.  Approximately 40 people participated.  I was one of the facilitators of this workshop (along with Professors Gillian Calder and Rebecca Johnson), and offer here some reflections on the event.

The purpose of the workshop was twofold: 1) To actively engage in making UVic a diverse, welcoming and inclusive place to study, work and live and; 2) To create space for Indigenous laws. In their article Gathering the Threads, Napoleon and  Friedland remind us that “State law is not the only source of relevant or effective legal order in Indigenous peoples’ lives…Indigenous laws continue to [exist and] matter today.”

Canada is a multi-juridical society, and, as such, justice systems ought to reflect an understanding of law across social boundaries in order to be just.

The Stanley and Cormier cases illuminate ongoing institutional discrimination and systemic racism on the part of Canada and its laws.  In particular, Canada’s criminal justice system, which was imported from Britain and imposed on Indigenous peoples, does not reflect Indigenous values or notions of what justice requires nor does it incorporate Indigenous legal orders.  But what if it did?  What might that look like? To answer those questions we had the workshop participants take a close look at the story of Mikomosis and the Wetiko.

Mikomosis
Photo by: Veronica Martisius

The graphic novel, Mikomosis and the Wetiko, is based on a story told by Val Napoleon, drawing on graduate work done by Hadley Friedland (now published as The Wetiko Legal Principles) and by the Indigenous Law Research Unit (ILRU) while it was working on the Accessing Justice and Reconciliation Project.

The story explores the tale of a Cree man sentenced to death by a 19th-century Alberta court after carrying out an execution ordered by his Cree community  under a Cree legal concept known as Wetiko.

A team of Indigenous lawyers travel back in time to intervene and apply aspects of Cree law and legal processes not originally presented. With a more in-depth understanding of the circumstances, the court finds the accused not guilty.

*** In the graphic novel, Mikomosis executes Sap-was-te when it is determined by the decisions makers that there is no other way to keep the group safe from her increasing violence.  Just as execution would not be an option in Canadian law today, it is important to point out that this would never be a current option in Cree law today either. ***

You might be thinking to yourself, “why is this story relevant in responding to the Stanley and Cormier verdicts?”

It is relevant because, as Robert Clifford (2014) argues, “colonial power structures are best mitigated and subverted by applying Indigenous narratives, including Indigenous systems of law.”  In other words, Canada is a multi-juridical society, and, as such, justice systems ought to reflect an understanding of law across social boundaries in order to be just.  Mikomosis and the Wetiko is one example of how Indigenous societies used and applied their own legal principles to deal with harms and conflicts between and within groups and how they might be usefully applied today.  For information about a current example of Indigenous law and procedure in action on Coast Salish territory, click here.

During the workshop we started off by asking the participants two questions:

1) What do you think of, or picture, when you hear the word, ‘law’?; and

2) What do you think of, or picture, when you hear the concept ‘Indigenous laws’?

As you can see from the two images above, when thinking about the ‘law’, participants used various words that reveal what may be attributed to its adversarial nature.  When thinking about ‘Indigenous laws’, participants used words that reflect a more holistic approach.

After the large group discussion, we divided up the participants into groups of three. Over a delicious lunch of soup and bannock, we asked each participant to read the graphic novel.  In addition to being provided with a copy of the graphic novel, participants received a handout including a glossary of terms and Cree words, and a set of ‘re-framing’ questions that move from generalizations to specifics.  For example, with respect to the latter, moving from “what is aboriginal justice?” to “what are the legal concepts and categories within this legal tradition?”

After lunch, each group engaged in a facilitated conversation.  To help guide the conversation, we used the Mikomosis and the Wetiko: A Teaching Guide for Youth, Community and Post-Secondary Educators, and asked the following questions at page 40:

  1. What does the graphic novel make you think about?;
  2. What part made the most sense to you, or felt the most uncomfortable?; and
  3. If you were a character in the graphic novel, who would you be? Who would you most want to sit down and talk with? What would you ask that character?

Each conversation generated a diverse range of comments and questions around the relationship between Indigenous laws and Canadian law, pan-Indigeneity, responsibility vs. guilt, safety and protection of the victim(s) and the community, different legal processes, burden of proof, gendered power dynamics, ‘Whiteness’, decolonization, and dispelling stereotypes about Indigenous peoples.

Discussion Visual
Discussion Visual

Participants expressed a desire for change with respect to addressing and eliminating the injustices that Indigenous peoples continue to face.  They talked about how to affect change in their daily lives through introspection, getting to know the local Indigenous community, learning about the land they live, work and/or play on, their responsibility as guests/visitors, building relationships, engaging with their various social networks (family, friends, classmates and co-workers) about the issues, and lobbying the government.  At the end of the workshop, each participant wrote themselves a letter as a future reminder of their individual commitment to take up the Truth and Reconciliation Commission’s Calls to Action.

In a March 14, 2018 article that explores the idea of a cross-cultural criminal justice system, law professor, Marilyn Poitras said, “[g]oing home to suburbia or the farm or the reserve and shutting the door is not going to work. How are we going to open doors, open hearts, open conversations? For the sake of future generations people need to talk with each other.”

If you are an educator, lawyer, law student or a concerned citizen who is not sure how to spark up meaningful discussion about ways to re-frame justice in Canada, consider bannock, a graphic novel & conversation to get the ball rolling.

Resources Referenced: 

Towards the Royal Proclamation and Covenant of Reconciliation: Short in-class discussion exercise for Constitutional Law

from_collections_canada
Royal Proclamation of 1763

Patricia Cochran
Faculty of Law
University of Victoria
pcochran@uvic.ca

This is a description of and reflection on an in-class exercise I did with a group of 115 students studying constitutional law.  The exercise asked the students to respond to the TRC’s call for the creation of a Royal Proclamation and Covenant of Reconciliation.

Call to Action 45 reads in part:

45. We call upon the Government of Canada, on behalf of all Canadians, to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation to be issued by the Crown. The proclamation would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and reaffirm the nation-to-nation relationship between Aboriginal peoples and the Crown.

In this exercise, I invited students to work together to address some preliminary issues that would need to be addressed in order to move forward with this recommendation.

Context

At my institution, constitutional law is a year-long, mandatory, first-year course that aims to introduce students to important constitutional law issues, and to provide students with a substantive and methodological foundation on which to further study the constitution in the future.  We meet for 1 hr and 20 minutes twice a week.  This year, the first four classes of the term were devoted to exploring questions around the sources of Canadian constitutional law and how those sources relate to each other.  In particular, we focused on the complicated questions of sovereignty, jurisdiction, and the history of Indigenous-Crown relations.  I assigned excerpts from:

  • the final RCAP report,
  • books by Jeremy Webber and John Borrows,
  • SCC decisions including Guerin and Tsilhqot’in.

borrows book

One key element of the course is participation in an online Reading Journal.  Throughout the year, students are asked to write a certain number of reflections (this year, 8) on the text we read, before we discuss them in class.  The journal entries are not evaluated on their content, only on the fact of their completion.  As an instructor, I find reading these journals an invaluable part of my teaching practice; they reveal to me common questions, themes, points of confusion and the amazing range of connections that students make to their other academic training, community work, and life experiences.

Class objectives

In the fourth class of the term, we addressed the difficulties that arise for Canadian constitutionalism when we squarely face the question of how Canadian law applies in this land at all.  Presented with the history of Canadian law and the inability of colonial law to justify itself on many of its own terms, students often see a crisis of legitimacy or a paradox.  This inherent tension is perhaps nowhere more starkly presented that in paragraph 69 of the Tsihqot’in  decision:

[69]      The starting point in characterizing the legal nature of Aboriginal title is Dickson J.’s concurring judgment in Guerin, discussed earlier.  At the time of assertion of European sovereignty, the Crown acquired radical or underlying title to all the land in the province.  This Crown title, however, was burdened by the pre-existing legal rights of Aboriginal people who occupied and used the land prior to European arrival.  The doctrine of terra nullius (that no one owned the land prior to European assertion of sovereignty) never applied in Canada, as confirmed by the Royal Proclamation of 1763.  The Aboriginal interest in land that burdens the Crown’s underlying title is an independent legal interest, which gives rise to a fiduciary duty on the part of the Crown.

In this class session, I aimed to provide ways for students to address this tension/crisis/paradox directly, and (drawing on the SCC’s reasoning in the Quebec Secession Reference and scholars such as Webber and Borrows) to think about ways in which constitutional law is a complex process for facilitating relationships.  Also, perhaps more than anything, I wanted to provide a way for students to hold in view a serious, foundational critique of the legitimacy of Canadian constitutional law, without seeing as inevitable a cynical, thin or purely instrumental understanding of what law is and its role in society.

To that end, I devoted the last 20 minutes of the class to a small discussion exercise addressing the Truth and Reconciliation Commission’s call for the creation of a Royal Proclamation and Covenant of Reconciliation.  My goal for this exercise was to orient students to the future and the ongoing relationships in which they participate.

In-class preparation

To prepare students to do the exercise, I spent about 20 minutes discussing the argument offered by John Borrows in Chapter 1 of Canada’s Indigenous Constitution.  I also spent about 20 minutes addressing, in very general terms, three legal theoretical concerns that I drew out of the questions and comments raised by students in their Reading Journals.  I wrote three sets of terms on the board, and under each set of terms, articulated for the full group several questions that were raised privately by students in their journals.

LAW/FORCE

LAW/CUSTOM

LAW/FACT

Under the first set of terms, we discussed law’s disputed relationships to violence, force and power.  I discussed arguments that law and force are mutually exclusive concepts (referencing the students’ exposure to legal positivism in their introductory legal process course), and arguments that legal structures are simply institutional articulations of political power relations.

Under the second set of terms, we discussed the potential usefulness of thinking about legal obligations as different from other kinds of obligations (here, drawing on an earlier class discussion of the Guerin case).  I identified the concerns about the conceptual indefinability of “law” (if everything is “law,” nothing is), as well as the history of using the boundaries of “law” to identify certain people as having none.

Under the third set of terms, I talked about legal claims as distinct from other kinds of “factual” claims.  Again drawing on Webber and Borrows, I described the possibility of understanding law a rhetorical practice, in which descriptive modes of speaking may simultaneously be exhortatory, aspirational, and future-oriented.  I emphasized for students the contested nature of that approach, inviting them to work on developing their own view.

webber book

Discussion exercise on the Royal Proclamation and Covenant of Reconciliation

Against that background, I invited students to work in groups of four to take up the TRC’s Call to Action 45.  I gave them only the first paragraph of the Call, leaving out the list of items that the Commission saw as important elements to include.  My rationale was to make sure students did not feel bound by that list, or distracted by the fact that most of its elements would be unfamiliar to them (not yet having studied s. 35, for example).

I acknowledged, and urged students to appreciate, that in order to meaningfully respond to this Call to Action, far more knowledge would be required and radically different processes would be needed.  Thus, I did not ask them to draft a new Royal Proclamation, but rather to address some preliminary questions.  The exercise directed as follows:

Drawing on the course materials in constitutional law so far, discuss this Call to Action with your group and create a record of your conversation on a large paper.

Consider the following questions:

1.     What form might such a Proclamation take? What would it look like?  (Format? Languages? Long or short? Detailed or general? Etc.)

2.     What are some of the substantive issues or themes that you would expect to find addressed in this Proclamation?

3.     What kinds of processes would be required to respond meaningfully to this Call to Action? (Who would participate? What knowledge and expertise would be required? Whose interests are at stake?)

In responding to these questions, you may find it useful to consider questions such as:

  • What would the scholars we have engaged with so far include in the Proclamation?  What would Webber think, what would Borrows think?  In what ways might they disagree?
  • How do your ideas for the Proclamation relate to the historical accounts offered by RCAP?
  • How does your discussion relate the new Proclamation to existing constitutional texts such as the Royal Proclamation 1763,  Constitution Act 1867, Constitution Act 1982
  • Is your new Proclamation consistent with Guerin? With Tsilhqot’in? Or does it change the law?  Does it take a form that can achieve that change?

To engage in this exercise, students were provided with 11 x 17 sized papers and coloured markers.  I gave them around 15 minutes to work on the three questions, to make notes on the papers, and then post their work around the room.  For the final 5 minutes, students walked around to read their colleagues responses.

TRC45

Reflections

Most student groups organized their notes according to the three questions posed, listing elements they discussed under each theme.  As expected, a large range of issues were discussed.  The prompt about language yielded an unexpected (to me) amount of conversation, with numerous groups exploring how to make their Proclamation equally authoritative and/or accessible in multiple languages.

On reflection, I believe the exercise achieved its core objective of providing students with an outlet for future-oriented thinking in constitutional law.  The largest drawback I observed relates to the basic tension I often experience in teaching a broad, introductory course, and that is the question of whether it is more pedagogically effective to begin from concepts or from context.  This exercise, presented so early on in the course and in such a short time, tended towards engagement with abstract concepts rather than the rich, real context of questions around sovereignty.  This made the exercise accessible, and served the objective of encouraging critical thought around basic concepts such as sovereignty.  However, it also encouraged a broad and sometimes superficial engagement, with many student groups speaking in general terms about justice and equality, with little attention to the real nature of the dilemma.  (For example, no student group noted whether their proposal contemplated a change to the law, or distinguished between actions that would have to be taken by federal and provincial governments, Indigenous governments, Canadian courts, civil society, etc.).  In some ways, the goal of the exercise was undercut to the extent that it allowed students to make sweeping claims about the legitimacy or illegitimacy of the Canadian constitutional order, without grounding those claims in legal or political context, or accounting for the implications of such claims.  This observation leads me to think that the value of an exercise such as this may be in its potential as part of a larger, iterative process.  Repeated again near the end of constitutional law, this exercise might allow students to draw together their forward-looking aspirations with a more concrete sense of its context and implications.

I will try some version of this exercise again in the future, with a view to framing constitutional law as a potential site for transforming relationships between Indigenous and settler peoples and legal orders, and individuals and communities as active agents in the creation of constitutional law.

Resources

John Borrows, Canada’s Indigenous Constitution (Toronto: University of Toronto Press, 2010).

Jeremy Webber, The Constitution of Canada: A Contextual Analysis (Oxford: Hart Publishing, 2015).

Guerin v The Queen, [1984] 2 SCR 335.

Reference Re Secession of Quebec, [1998] 2 SCR 217.

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44.

Information about the Royal Proclamation of 1763 from UBC Indigenous Foundations: http://indigenousfoundations.arts.ubc.ca/royal_proclamation_1763/.

 

 

Indigenous Ways of Being and Knowing (A Try): An Exercise in Family Law and Sex-O at UVicLaw

(The featured image entitled “Sen” is the work of Uumati Kisoun-Inuarak, more of her work can be found at http://www.uumati.com)

 

This post contains an exercise that I designed for my Family Law class at UVicLaw (Law 322) in the Fall of 2016 and then revised for my Sexual Orientation and the Law seminar (Sex-O) in the Fall of 2017.  My goal with both classes was to respond to Call to Action 28 by raising as central to our study — both of families and of sexual identity — issues of colonialism.  And, my goal was to do it at the outset of the course so those issues would serve as a lens through which we approached all questions throughout the term.

My hope here is to share what I did in those classes (the try that it was) so that anyone could pick it up, adapt it slightly, and use in their own course.  So, I will outline in a “how to” kind of way, what I did in both classes.  And then at the end I will reflect a bit on how it worked.

I.  Family Law.

Family Law at UVic is an upper level elective course with a cap of 50 students, taught twice a week for 90 minutes.  It is taught with two volumes of materials, the first addressing family formation and the second addressing family breakdown.  Given the complicated ways that law impacts our understanding of “the family” the first part of the course is evaluated by essay with the subject chosen by the students.  This enables me some pedagogical freedom.  The second part of the course addresses the more conventional issues of divorce, custody, division of property and support, and is evaluated by take-home examination.

There is not a single issue that we address in family law that will not in some way or shape impact someone in the class.  This is something we address explicitly at the outset of class; we know what “the family” is in family law because we have lived them.  The need to recognize that in class participation is critical, and wherever there is a more embodied class, like this one, I ensure, as best I can, that students know the content we will be covering.

The role that colonialism plays in family law in BC has always been central to the course, particularly on questions of family formation, but in Fall of 2016, I decided additionally to address the TRC’s calls to action with a standalone class.

In a semester of 25 classes, this was the third class coming after a introductory class, and a class that set out histories, definitions and legal change, and before dealing with constitutional frameworks Reading Outline Law 322 2016.

The question posed to the class in advance of class was “how does the legacy of residential schools inform our understanding of the family and family law in 21st century Canada” and the reading for the class was the Introduction to Honouring the Truth Reconciling for the Future, Summary of the Final Report of the Truth and Reconciliation Commission of Canada (pages 1-21) Executive Summary TRC1 and then excerpts from The Survivors Speak, A Report of the Truth and Reconciliation of Canada (pages 1-22, 31-46, 99-108, 201-203) The Survivors Speak TRC2.

5564

The students were also asked to come to class with an example of when they had seen the story of residential schools in popular media for sharing with their classmates; and with a reminder of the nature and difficulty of the subject matter we will address.

At the outset of class the students had an outline to show the four components of the class: introduction to TRC28, sharing their popular culture moments, Briefing a Story, and then discussion of the TRC and its connecting significance to the course as whole (TRC class outline).

Introduction. As the class was settling I had set up my child’s turntable, and was playing  a vinyl version of Gord Downey’s The Secret Path.  I begin by very briefly addressing TRC28 and then move to discuss the history of residential schools as the explicit policy of the Canadian government to eliminate Indigenous governments and legal traditions in Canada through assimilation.  And specifically, how at the heart of this cultural genocide was the need to disrupt the family, the unit recognized y then governments as the primary vehicle through which Indigenous laws and values were shared and learned.

Popular culture.  I then divided the class up into groups of four or five, giving them a few minutes to share with each other how residential school issues have been made visible to them in popular or other media.  After some time I then charted them up on to the board and later provided the list as a handout with some space for discussion about where, when and how these issues should be taught Shared residential school resources 20-09-16.

Briefing a story. In their same groups I then introduced a case briefing exercise drawing on the methodology developed by Drs Val Napoleon and Hadley Friedland and employed at the heart of the work of UVic’s Indigenous Law Research Unit (ILRU).  This part of the work may seem daunting, but here is where I really encourage colleagues to give this work a try.  If you can do a workshop with ILRU that would be ideal.  But if not there is detailed information about the history, ethic and structure of the methodology in ILRU publications like their Gender Inside Indigenous Law Toolkit or in scholarly writing like Hadley and Val’s article, Gathering the Threads.

Since its origins, the people of ILRU, Val, Hadley, a cohort of students, researchers and others, began to look for Indigenous law sources and resources in the myriad places they have been recorded.  And drawing on the work of Dr John Borrows and others, ILRU began to retells stories and cases, using an adaptation of the common law “case-method” to identify legal principles within single stories, to address the resurgence and revitalization of Indigenous laws.

So, in each group I gave them a publicly-accessible story that has formed part of ILRU’s work.  One of the students in each group read the story aloud, and then the students set out to use the framework, shared by ILRU, to prepare a “brief” of the story.  To move through stereotypes and assumptions, to see Indigenous laws in the present tense, and to see legal concepts and categories, legal principles, legal processes for decision-making and problem-solving.

Screen Shot 2018-01-06 at 6.30.58 PM

(Art by Dr. Val Napoleon)

Case brief:     Name of story with full citations

Issue/Problem: What is the main human problem we are looking at within this story?  What is it that the story is trying to tell us?  It may be more effective to frame this as a question that one can then answer through the analysis.

Facts:  What facts in the story matter to this particular issue?

Decision/Resolution:  What is decided that resolves the problem?  If there is no clear human decision, what action resolves the problem?

Reason (Ground/Ratio): What is the reason behind the decision or resolution?  Is there an explanation in the story?  If not, what can be inferred as the unstated reason?  What is the “why” behind the decision or response?

Bracket:  What do you need to bracket for yourself in this story?  Some things may be beyond your current frame of reference but are not necessary for the case analysis.  Conversations will inevitably flow from what is bracketed

The stories I gave my class that year were all stories about children being removed from or returned to communities.  The ones I used are here: Buffalo ChildThe Girl Raised by a Grizzly BearThe Caterpillar; and The Boy who was Raised by Wolves.

Time was of course an issue, and was best spent by giving them lots of time to struggle with pulling the principles out of the stories, making sense of them, and seeing the connection to our work in the course.  I used my time moving from group to group, posing questions and working to keep them on track.

Truth and Reconciliation. I concluded class by offering some space for reflections from their briefings, and then by returning to the broader work of the TRC, and our work in family law.

II.  Sex-O

Sexual Orientation and the Law (Law 357, lovingly called Sex-O by the students) is an upper year seminar, theoretically taught every other year.  The class is twice a week for 90 minutes, and the methodology is one that draws heavily on embodied pedagogy.  The first class of the week is a discussion class, readings based, and the second class puts those readings into action.

In my 2017 seminar, I chose to import the lesson plan that I had used in family law with slight modification.  This class on Indigenous stories was the third of three classes at the outset of the course aimed at locating ourselves in place, space and law and to recognize the connections between Indigenous laws and colonial constructions of gender.  The first week of the course including an adaptation of Pulling the Weeds – by Suzanne Lenon, Kara Granzow & Emily Kirbyson shared on this blog, and the second week included a discussion of colonialism, Indigeneity and queer legal theory, to set up the TRC exercise.

So, similar to family law, this exercise sat right at the outset of the course so that students would be thinking about and drawing on these materials through their work Reading outline Sex-O 2017.

The reading for the week including the following: SexO readings 12-09-17 and so the students were asked to come to class with familiarity of the ILRU methodology.

Introduction. I did a similar introduction as I had in family law, but with the focus on the role that colonialism plays in our understanding of sexuality, or as authors Drs Sarah Hunt and Cindy Holmes articulate “further our reflections on decolonizing a queer praxis.”  This was supplemented by the students having already spent a whole class engaging with the theoretical materials.

We then watched one of ILRU’s videos — Indigenous Law Gender and Sexuality to set up our conversation about how gendered power dynamics shape legal interpretations, and in particular how Indigenous ways of knowing and being are engaged in our collective effort in queering law.

Briefing a case. I then, similarly, broke them into groups of 3 or 4 (smaller groups due to the smaller seminar size), set up the ILRU exercise, and then gave them each a story that I chose from the Gender Inside Indigenous Law Casebook.  The stories I chose were: Hu’pken (Secwepemc); Sn’naz (Secwepemc); Hairy-Heart People (Cree); Swan and Some (Dane-zaa) and Dog Peed on Arrow (Dane-zaa).

They then similarly worked with the ILRU case brief (as shown above) with the additional questions drawn from the work of Dr Emily Snyder:

Questions about legal processes: What are the characteristics of legitimate decision-making processes? Who is included? Is this gendered? Who are the authoritative decision makers?

Legal responses and resolutions: What are the responses? Do these responses have different implications for women and men?

Legal rights: What should people and other beings be able to expect from others? Are any of these expectations gendered? Are certain rights overlooked?

General gender dynamics: Are both women and men present in the material? What are they doing or saying? In what contexts do women and men appear?

Conclusions. Again, time was not our friend, but after considerable engagement, we came back to the large group to see what they had pulled out of the stories, and how the primarily gendered issues translated into questions of sexuality.  We then stepped back to the work of the TRC as a whole, and concluded by thinking through, collectively, how knowing and continuing to engage with the TRC, particularly the history and legacy of residential schools, matters to our study of sexual orientation and the law.

III.  Self-reflection

I think to really know how these classes worked, you have to ask the students.  I hope that some of them will take up the comment features from this blog and let you all know. From my perspective as an educator, they worked really well.  First, issues of Indigenous ways of knowing and being grounded both of those courses from the outset.  And that really seemed to matter; visible in classroom discussion and in their essays and projects.  Second, engaging with Indigenous stories is something that our students do in various places at UVicLaw.  And there the work often does double-duty, demonstrating the significance to Canadian law of the resurgence and revitalization of Indigenous legal orders, on the one hand, and showing how all law is stories, on the other.  Third, the embodied nature of the exercise — the reading aloud, the sketching out a case brief on flip chart paper, the vulnerability of it — seems to affect a power shift in the class.  Right from the outset these students are talking to each other about things that really matter, and doing that with respect, creativity and openness.  Modelling dynamic learning can free students to try different evaluative methods themselves.

Finally, as a non-Indigenous instructor, doing this work can be terrifying at times.  The intergenerational trauma that some of our students live with, and the gravity of bringing issues of cultural genocide into law school teaching, is huge.  But my parting words would be that it so important to try.  To self-educate, definitely, but to not shy away from exercises, like this one, that with a little bit of set-up can wreak huge benefits.

I have tried to include all of my materials here, but super happy to talk more about this with anyone who wants to give this a go, too.

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Indigenous Law and Procedure in Action: Vancouver Island Esquimalt/Ditidaht Hunting Case

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Roosevelt Elk

The TRC Calls to Action speak to the importance (for law students, lawyers, doctors, nurses, journalists, bureaucrats, citizens) of learning about:

  • Treaties
  • Aboriginal rights
  • Indigenous law
  • Aboriginal-Crown Relations

If you are looking for examples of the application of Indigenous Law and procedure in a contemporary context, then here is a great case for you, “In the matter of R v. Joseph Thomas and R v. Christopher Brown and Esquimalt and Ditidaht Nations

The case started in BC Provincial Court, involving two men who were charged with hunting/poaching in violation of the BC Wildlife Act.  I first heard about the case in a newspaper report, and was completely taken with it!

This case has been positively hope-inducing in me (a less than common feeling for one who spends much of her time teaching Canadian Criminal Law).  Below is a copy of the ILRU Case Note, followed by a few thoughts on ways this case might be used in a variety of law school contexts/courses.

ILRU Case Note: In the matter of R v. Joseph Thomas and R v. Christopher Brown and Esquimalt and Ditidaht Nations

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Map of BC First Nations

Context: Two Coast Salish men from the urban Esquimalt nation (in Victoria) were charged by conservation officers with two counts of poaching under the BC Wildlife Act. The two men initially asserted what they believed was a treaty right to hunt on unoccupied Crown land. However, the Ditidaht [1] (in whose historic territory the Esquimalt men had been hunting), were concerned about over-hunting of Roosevelt Elk.  They were in favour of conservation, and the conviction of poachers.

As things unfolded, it also became clear that the two Esquimalt hunters had not sought permission from the Ditidaht to hunt in their territory, nor had they complied with Indigenous conventions in the manner of their hunt, breaching both Ditidaht and Esquimalt legal principles, and bringing shame on the communities.

Application: The case was heard in First Nations Court by Justice Marion Buller (now Chief Commissioner for the MMIWG Inquiry). With the consent of the Crown, the accused and the two concerned Nations, the Court made space for the Esquimalt and Ditidaht communities to work together, using their respective laws and procedures, to resolve the case.

The intial hearing, drawing on Coast Salish procedures for dispute resolution, involved a larger number of interested parties, including Elders, Chiefs, Counsellors and other members of the Esquimalt, Cowichan and Ditidaht nations. The communities spoke to not only current treaty and provincial law, but also to older laws between the two nations respecting hunting. They agreed that seeking permission from the other community was a fundamental law that continued to have force. The hunters accepted responsibility for their conduct, and agreed to accept the resolution that would be determined by the nations.

A number of procedural steps were necessary, as the violation of law here imposed responsibilities on not only the two hunters, but the Esquimalt community as a whole. As a result, the hunters were required to visit each household in Esquimalt to tell them what they had done, and to invite them to a meeting, which would be held in the Esquimalt Long House and involving people from both nations. At this meeting (180 people in attendance), representatives of the Ditidaht were wrapped in blankets and presented with gifts as a way of acknowledging the harm that was done, and committing to the re-establishment of good relations. The hunters are to refrain from hunting for a year, and are required to do work for the community, doing maintenance and service at the longhouse at least twice a week for the year. This was to function not as punishment, but as an opportunity to be a model for youth, and to demonstrate the continuing obligations and operation of Coast Salish and Ditidaht law.

Significance: This case is a powerful and hopeful example of the application of Indigenous law in ways that provide a meaningful resolution to a very real problem. A second important dimension of this case is that it is an example of intersocietal law. That is, this is not only a conflict over hunting, but a conflict between communities from two distinct legal orders. It shows the power of Indigenous law and procedure to create the conditions for people from different legal traditions to come together to work through a shared problem in ways which link in appropriate decision-makers, who are positioned to better identify the challenges, and construct meaningful solutions. Note that the procedures also supported an increase in legal literacy (increased familiarity in each community with the legal terrain of the other), and the building of community connections.

Even more powerfully, in the process of resolving this specific hunting/poaching claim, the two communities were able to identify a bigger systemic challenge:  given the pattern of land development in this territory, the Esquimalt do not have access to many areas in which to exercise hunting rights. There is thus a pressure to hunt in the other territory with potential to impact on wildlife.

The result of the case has thus also been that the two First Nations have begun discussions aimed at developing protocols to govern hunting in Ditidaht territory by Esquimalt members, to support the ability of people in urban settings to have access to hunting.

In short, what could have otherwise been a conventional hunting sentencing case instead has produced an outcome which:

  1. Attends to questions of human safety (drawing on indigenous laws and protocols governing ways, times, and places in which hunting can happen),
  2. Attends to questions of conservation (drawing on Indigenous laws related to stewardship of land and animals),
  3. Attends to questions of inter-community conflict, drawing on the point of contact as an occasion to work together to collectively address a shared problem.

[1] The Ditidaht and the Pacheenaht people speak closely-related dialects of a language called Nitinaht or “Ditidaht.” Ditidaht, is one of three closely-related languages (Nitinaht, Makah, and Westcoast or Nuu-chah-nulh) forming the South Wakashan sub-group of the Wakashan Language Family. The Nitinaht and Makah languages are much more closely related to each other than they are to Nuu-chah-nulh. From http://www.ditidaht.ca/.

ADDITIONAL RESOURCES:

  • one could supplement this case through reference to two ILRU reports:  Coast Salish Legal Traditions Report; ILRU, Coast Salish Civil Procedure Report
  • There are some helpful video talks available on line on Coast Salish Legal Traditions & the Canadian State by Professor Sarah Morales.

THOUGHTS ON USING THIS CASE IN THE LAW SCHOOL CONTEXT

  • This case is great for teaching “Sentencing”.   It was really wonderful to be able to give students some examples of sentencing cases that did not induce despair.  It was also useful for helping them see that some cases may involve MORE work for offenders, rather than less.  Certainly, the students would agree that it would not be ‘easy’ to have to go door to door in the community to let people know about a wrong you had done.  The case also made visible the ways that many people in a community could be brought together in order to produce a meaningfully better outcome.
  • This case is great for troubling the divide between Criminal/Provincial offences, particularly in the context of Indigenous Laws.  To call a hunting case ‘provincial’ is in many ways to fundamentally misconstrue the depth of relationships between indigenous peoples and animals.  In many contexts, it is perhaps most appropriate to understand the relations between many Indigenous peoples and animals through the language of treaty (this is visible in Westcoast Nation stories about the Salmon People, or in Plains stories like The Buffalo Child).  This is visible in this hunting case, where Esquimalt and Ditidaht parties agreed that, in the past, a second violation of laws around hunting could have resulted in the punishment of death.  This indicates the importance of Indigenous laws pertaining to human/animal relations.  Michael Ashe’s 1989 article on asche-wildlife-cpp-1989 might be a useful resource for supplementing such a discussion.
  • This case is great for exploring Conflict Resolution in the context of International Law.   On the one hand, this case could be treated as simply as instance of alternative measures within Criminal Law.  However, there are powerful reasons to see this as rather an example of conflict at the intersection of THREE legal orders (BC/Canadian; Esquimalt; Ditidaht).  What we see in some ways is the visionary willingness of the BC Court System to step to the side, to make space for the other two first nations to draw on their own legal procedures and institutions to solve a challenge that touched deeply on legal obligations and responsibilities in those nations.  The eventual solution is one that accords with the needs of all three legal orders.  From my perspective as a reader, it seemed that the Esquimalt and Ditidaht legal orders contained powerful problem solving resources, ones that provided a very successful resolution, one that is hard to imagine within the more conventional boundaries of the BC Wildlife Act. The case provides a great model for dispute resolution between conflicting legal orders.

 

 

 

The Skirt Project: connecting gender, religion, and colonialism

My name is Natalia, and I am a third year law student at the University of Victoria. I grew up on the territory of the Qayqayt First Nation, in New Westminster, British Columbia, and have since lived on Otomí, Totonac, Nahua and WSANEC lands. I’ve spent the last four months as a summer research assistant to Professor Rebecca Johnson, who has given me fascinating research tasks as well as significant freedom to explore related topics.skirt poster

The research project started with a question about skirts. Why are women in some indigenous communities required to wear long skirts to participate in spiritual ceremonies? This question about a practice known as the “skirt protocol” quickly blossomed into a series of interconnected queries about the relationship of clothing to culture, religion, tradition, gender, colonialism, and identity. The complexity of these topics led me to simplify my job description when asked about it, and as a result most of my friends and family have been extremely jealous of my summer job “googling skirts”.

googly squirrel

And I did engage in a significant amount of exploratory googling, bookmarking hundreds of newspaper articles, blog posts, and Twitter exchanges with the word “skirt” in the title. I also just talked to people. In casual discussions with family and friends about my research, I was really struck by how many individuals have had something to say about it. Almost every single woman I spoke with (and a few men, too) immediately wanted to share a personal anecdote about a moment in which they confronted rules about what they could or could not wear. For many people, these stories brought up strong feelings of anger, indignation, and resentment, even when they had occurred years earlier.

stripe skirtThis was particularly true of my aunt, who recalled being made to kneel on the ground as a seventh-grader while her school principal measured the distance from her hemline to the floor. She describes being made to feel ashamed and embarrassed. hijabHer mother, my 81-year-old grandma, remembers the incident as well. She marched to the school to support my aunt knowing that the skirt did, in fact, violate the dress code, because my aunt had outgrown it and she couldn’t afford to buy a new one – and because the vice principal’s own daughter had worn the exact same skirt and had not been punished. For my aunt, the primary injustice of the situation was related to gender; the dress code was unfair because it imposed much stricter rules on girls than on boys. For my grandmother, the injustice was class-based: the dress code was unfair because it was hard for lower-income families to ensure their children complied with it, and because it was unevenly enforced based on social rank. Both my aunt and my grandmother were right, and their experiences only go to show that rules about clothing are not neutral, arbitrary, or trivial, but in fact affect people in diverse and disproportionate ways.

But what does this slight from nearly five decades ago have to do with reconciliation?

churchRules about how we dress are sometimes obvious and sometimes not, but either way, they are so ubiquitous that nearly everyone can recognize the symbolic power of clothing and identify with the experience of being told what or what not to wear. This means that clothing provides a really useful “way in” to more complex debates about cultural identity, spirituality, tradition, and gender in indigenous and non-indigenous communities. Serious tensions over how women should dress occur across diverse populations, but they are further complicated for indigenous peoples by the legacy of colonialism and the ongoing struggle to decolonize. Questions about whether the skirt protocol is really an indigenous tradition quickly give way to questions about how colonialism affects traditional practices, who has the power to decide which traditions are valuable, and how people are differently impacted by traditionalism depending on their gender. Learning about the rationales for the skirt protocol quickly spawns more questions about the relationship between spiritual belief and indigenous identity. Exploring indigenous identity leads to important questions about cultural authenticity. web

This month, British Columbia will implement a new K-12 curriculum which mandates inclusion of indigenous content, perspectives, and pedagogies, and the National Inquiry into Missing and Murdered Indigenous Women will officially begin. The new curriculum responds to the Truth and Reconciliation Commission’s 94 Calls to Action by attempting to address the education system’s failure to acknowledge the grievous harm done by colonialism, and the system’s own role in committing and perpetuating that harm. The Inquiry will attempt to understand and address the enormous problem of violence against indigenous women. I think that reconciliation is best served when we make visible the connections between these two projects.

Over the summer, I developed a series of resources which I hope will be useful for learning and teaching about these connections and for facilitating conversations about how clothing is connected to gender, colonialism, religion, culture, and identity, using the skirt protocol as a point of entry. The resources are varied in scope and content. They include a short video as well as a Prezi presentation, and a paper entitled Clothing the Collective which explores these topics in greater detail. There are a series of workshop ideas and lesson plans: see the Talking Skirts Lesson Plan and Backgrounder and the Creating Conversations Activities. There is an annotated list of existing teaching resources, which I’ve categorized by grade level and format: see Teaching Resources. All of the materials have also been consolidated into a single document, available here: The Skirt Project Consolidated Materials. I hope that these materials can be of use in responding to Calls 27 and 28 and 60 to 63 of the TRC’s Calls to Action.

This project received support from the Religion and Diversity Project and the Indigenous Law Research Unit. For further information, please feel free to contact myself at nsudeyko@gmail.com, or Professor Rebecca Johnson, at rjohnson@uvic.ca.

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Reckoning with the Role of Universities in Reconciliation

UOIT reconciliation panel

Course Overview

In my fourth year Legal Studies course, Public Governance through Law, at the University of Ontario Institute of Technology, we examine ways in which the administrative state deploys law in identifying and responding to public policy challenges. We concentrate on a series of contemporary governance challenges, in order to bring context, depth and continuity to the subject matter of the course. One case study we undertook focused on the question of the “role of universities in reconciliation.”

Public Panel

During our usual three hour time slot, students were asked to attend a public panel, featuring a range of Indigenous and non-Indigenous researchers, teachers, and political leaders. The eight speakers were Phil Fontaine (former AFN Nation Chief), Kelly LaRocca (Chief of the Mississauga of Scugog Island First Nation), Natalie Oman (UOIT), Kirsten Anker (McGill University), Carl James (York University, Suzanne Stewart (University of Ontario), Tim McTiernan (President of UOIT), and Shirley Williams (elder and professor emeritus, Trent University). A video recording of the event is available here: https://www.youtube.com/watch?v=8Oge0lcgTIA

Framing

A key question when exploring the project of public governance through law is: what role can and should citizens play in the endeavour? We examined this question in the context of universities, by exploring how students participate in the formal and informal governance of universities. In other words, we began by thinking about the role that students play in creating law—both in a formal and explicit way, as well as an informal and implicit manner.

Thus, the learning objectives that day were:

• To identify and explain what civic participation by university students means and point to examples both inside and outside of the university context
• To critically examine the purposes universities serve and explain what you think the point of being a university student is
• To explore why the recent report by the Truth and Reconciliation Commission of Canada on Residential Schools bears relevance to universities, the students, faculty, administrators and staff who make them up

Materials

I asked students to read an extract from two articles:

• Rhonda Wynne, “Higher Education Student Civic Engagement: Conceptualizations of Citizenship and Engagement Strategies”
• Planas et al., “Student participation in university governance: the opinions of professors and students” (2013) 38:4 Studies in Higher Education 571

I assigned the first reading in order to get students reflecting on the theme of civic engagement and the second to analyze purported barriers to student involvement in shaping how universities function and therefore how they experience their third-level education.

We began class with a brainstorming exercise on all of the different ways students can participate in the governance of university—from holding an official position on the executive of the student union, simply voting in student elections, engaging in sit-ins, boycotts, protests etc. Next, we explored some accounts of the purposes universities ought to serve: ought they to be strictly economic or are they in fact primarily ethical enterprises? Why or why not do students see themselves implicated in the public mission of university?

In the third portion of the class, we shifted gears. In anticipation of the public panel, we watched two video clips: a short documentary featuring the legacy of residential schools about Wab Kinew, his father and son called “Surviving the Survivor” https://www.youtube.com/watch?v=EPX9a5r6uAQ and a news report on the filing of the Indian Residential Schools Truth and Reconciliation Commission final report https://www.youtube.com/watch?v=lKKLgwlosaw

We then discussed what the relationship has been between universities and Indigenous peoples in Canada and canvassed perspectives on whether and what kind of role universities might have to play in reconciliation. In anticipation of the panel the following week, I assigned the following readings:

• Murray Sinclair, “What is Reconciliation?” Truth & Reconciliation Commission of Canada online: https://vimeo.com/25389165
• Rosemary Nagy & Robinder Kaur Sehdev, “Introduction: Residential Schools and Decolonization” (2012) 27:1 Canadian Journal of Law and Society 67
• Tim McTiernan, “Universities Will Help Reset Relations Between Indigenous and non-Indigenous People” The Globe and Mail (29 June 2015), online: http://www.theglobeandmail.com/opinion/universities-will-help-reset-relations-between- http://www.theglobeandmail.com/opinion/universities-will-help-reset-relations-between-indigenous-and-non-indigenous-people/article25150361/
• Thomas McMorrow, Natalie Oman & Rachel Ariss, “Indigenous studies is central to liberal arts education in Canada” Ottawa Citizen (21 December 2015), online: http://ottawacitizen.com/opinion/columnists/op-ed-indigenous-studies-is-central-to-liberal-arts-education-in-canada.
• Mandee McDonald, “Unsafe Space: The Danger of Mandatory Indigenous Studies Courses” Northern Public Affairs (18 February 2016), online: http://www.northernpublicaffairs.ca/index/unsafe-space-the-danger-of-mandatory-indigenous-studies-courses/

UOIT reconciliation panel 2nd shot

Assessment

Students were asked to write a reflection on their experiences of the panel and/or create a short video reflecting on themes explored that day. Also, one of the questions on the final exam asked students to write a memo outlining what they thought universities can and should do in order to foster reconciliation. Thus, students had an opportunity to express their thoughts and feelings about the panel themes, while at the same time demonstrate their critical analysis of the concepts and proposals in the literature.

Rich with diverse identities and experiences, the panel appeared to capture the interest of all the students who attended (45/49)—or at least, so they said in their reflections. The backgrounds of the panelists are indicative of the complex, nuanced and fascinating conversation that unfolded. For instance, Carl James is a professor of education, former Affirmative Action Officer at York and an African-Canadian born in the Caribbean. Phil Fontaine was the longest serving National Chief of the AFN, and is an Ojibway from the Sagkeeng First Nation in Manitoba. A residential school survivor, he was credited by the TRC for speaking publicly about his experience of sexual abuse in residential school thereby pushing the need to address their effects onto the national agenda. President Tim McTiernan, an Irishman, is the University’s President and at once, a government negotiator on Indigenous land claims in the Yukon. Shirley Williams was the first person promoted to the rank of professor at Trent University on the basis of Indigenous knowledge. Hailing from the Wikwemikong reserve on Manitoulin Island, the Obijwa elder also survived residential school. Psychologist and education scholar, Suzanne Stewart is from a Dene family whom she noted has been deeply affected by the trauma of the residential school system. Natalie Oman, a professor of Legal Studies at the UOIT, who hails from a settler family in rural Ontario, has done extensive fieldwork with the Wetsuweten and Gixtsan First Nations in British Columbia. McGill law professor Kirsten Anker is an Australian, married to a Frenchman, raising her children in Quebec while exploring Indigenous ways of conceiving and living property and legal pluralism. Kelly LaRocca is a former civil litigator, Chief of the Mississaugas of Scugog Island First Nation and sometime lecturer at Sir Sanford Fleming College.

Seasoned speakers with interesting stories offered good fodder for student reflection and discussion. The following class- some days before the reflections were due—we did a debrief on the panel and attempted to draw connections between that discussion and the ones we had about universities in general and the role of students in shaping them.

UOIT reconciliation audience

Student Learning

Some of the analyses, for their depth and clarity warrant quotation; for example, one student wrote:

[D]ue to the accountability deficit, the Federal Government needs to take leadership on nationally redressing the harms experienced by indigenous persons and that this needs to be done through consultation with indigenous persons. It is not enough to make a change in one area of law or society, for a change to be lasting it needs to be normalised into every area of public life. Education is one area that would benefit from reform so that correct knowledge is disseminated to raise attention, understanding and compassion to the situation of Canadian indigenous peoples. Reconciliation efforts need to be carefully analyzed so that these initiatives are not a more insidious form of colonialism and that education on and education of indigenous peoples is not further complicit in culture stripping and identity loss.

It should be noted that this particular student was also taking a research-based course on atrocity crimes against Indigenous peoples in Latin America. Designed and led by Natalie Oman, the student research informs her project (and forthcoming report) for the United Nations on this subject. An outstanding example of the integration of research, teaching and public service related to Indigenous issues, if ever there was one.

Another student reflected:

I hesitate to dismiss the role of university as a mechanism for reconciliation, but believe it must use its cultural capital only in such a manner as to legitimate devolution of political power. The discretion over the degree to which western institutions actively insert themselves into the process of reconciliation, represents the fundamental challenge for the balancing of social interests. It may equally represent the moment at which western institutions are forced themselves to evolve as an articulation of contemporary knowledge systems and culture. But this decision I leave to those on whose behalf such a change would be designed to benefit.

Maybe less polished but even more powerful reflections were shared also, like this one:

The sad reality of my upbringing has personally embarrassed me today because of the manner in which I can relate to the stereotypes expressed by Shirley Williams. Many people scoff and righteously reject the idea that these stereotypes exist within Canada, but the truth is they do and for many of us are attempted to be woven into our sub-consciousness from a young age. I was not taught to physically mistreat or abuse indigenous peoples, but I was not taught to respect them. I was informed that they were drunks who chose to live off welfare rather than work for a fair wage. Indigenous people were not proud people, they were a primitive culture attempting to usurp our new wave westernized philosophies. I had been always reminded that historically Canada did nothing wrong, and that the indigenous tribes were merely attempting to extort more land out of the government in order to establish a lost art, a lost culture. Now, couple this mindset with the lack of education taught in schools concerning indigenous history and it creates a foundation built on ignorance and misinformation.

“After attending this presentation I have come to regret my previous course selections. At the beginning of my year at the University Of Ontario Institute Of Technology, I spent two years essentially studying introductory courses. After those were completed I was able to narrow my studying, focus my selections around topic areas I found interesting and that coincided with the area of law I was interested in going into. Unfortunately, with my lack of knowledge and background into aboriginal studies I took few courses concerning this topic area and spent very little time absorbing new information. I regret this wholeheartedly now, which is why I respectfully agree with both Kelly Laroc [sic] and Dr. Susan Stuart’s [sic] suggestion of creating a mandatory indigenous studies course. I do not believe that teachers and professors are aware of the lack of appropriate knowledge being administered to their students. This is why the idea around universities becoming a part of the reconciliation process for the indigenous communities of Canada is so important. Students need to be properly engaged and informed of the real history of Canada in order to make even the slightest attempt to reconcile with indigenous societies.

Another reflection in particular evinced much less distance from and perspective on the embodiment of colonialist attitudes. Being able to read these reflections informed how I framed class discussion. Also, as I mentioned, students had the option to create three minute videos reflecting on the themes covered in the two classes on student participation in universities and the role of universities in reconciliation. I created this option for students who were unable to attend the #TRUR event (although could view its recording after the fact) or who preferred to express themselves in this medium. I encouraged students to do both and said they’d receive whichever grade was higher. Hardly any took on both. And few took advantage of the invitation to be as creative as possible in designing and producing their videos. Most simply recorded themselves speaking. One, however, used an online animation program, so her narration of the history of residential schools and the implications of the TRC for universities today was alive with dynamic illustrations. I used this clip in our review in the last class. Student generated content, demonstrating student learning, can be a wonderful teaching tool. Finally, many of the recommendations and arguments expressed in their exam responses have informed my grasp of the question of how universities in Canada and the UOIT in particular can respond meaningfully to the TRC’s call to action.