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

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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/.

 

 

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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.

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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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Art as Intervention in a Time of Reconciliation [by Tasha Henry]

IMG_5657

[Ed. note]  The following post is a report by educator Tasha Henry, discussing a recent partnership between the Art Gallery of Victoria, and students in three schools.   The work here, which was done with Grade 3 and 4 students, is a very interesting model of the kind of work one might consider when thinking about Art as intervention in the TRC Calls to Action (and indeed, art as intervention within a law school context).   We thought folks would find it thought-provoking (and a bit inspiring!) Here, then, is  the post by Tasha [and she has permission from the students and families to use the photos appearing in this post]

 

Taking a place at the table:

Art as Intervention in a Time of Reconciliation

By Tasha Henry

In collaboration with several artists of a recent exhibit at the Greater Victoria Art Gallery, entitled “It’s in the Making”, Selkirk Montessori students, were initiated into the world of art installation with contemporary artists who challenge the notion of art as product. The students met with Nicholas Galanin, Tlingit/Aleut artist and Cedric, Nate and Jim Bomford while they constructed their installations in the gallery. The grade 3-4 students interviewed the artists with questions such as:

  • “Why is art installation important?
  • When do you know when your art is finished?
  • How is art an intervention?”

The students then attempted their own installation work in the gallery mansion as a response to their ongoing work with Canada’s Truth and Reconciliation Commission, “Calls to Action”.

IMG_5782Art installation as social intervention felt like the appropriate vehicle to explore the children’s emerging awareness and questions around the devastating history of Residential Schooling in Canada. As teachers, we are in the unique position to respond to the TRC’s Calls to Action in ways that model sensitive and historically respectful approaches to Canada’s shameful investment in Residential Schooling. Rather than approach this work as a prescriptive curriculum, we approached the concept of reconciliation as a process of responding to the ongoing impacts of colonialism on Indigenous communities. It was important to us that the children’s work around redress be responsive, multi-voiced and open ended.

To prepare for the day of the installation, for months, the children studied and learned from the Lkwungen First Peoples’ history and the traditional territories on which our school stands, known today as the Esquimalt and Songees Nations. The children were honoured to receive teachings by such highly esteemed and beloved artists and elders such as Richard Hunt (Kwakwaka’wakw), Butch Dick (Songhees), Monique Gray Smith (Lakota/Cree), and Ron George, Heredity Chief Tsaskiy (Wet’suwet’en).

They studied the cultural traditions of the Coast Salish First Peoples by attempting artistic forms such as beading, sewing button “blankets” on felt, and by constructing their own cardboard “cedar bentwood boxes”. They expanded their learning to conceptual art by analyzing the work of two contemporary Tlingit artists, Nicholas Galanin and Blake Lepine. The students were also introduced to the history of Residential Schooling through Nicola Campbell and Kim La Fave’s acclaimed children’s books, Shi-Shi-etko and Shin-chi’s Canoe.

IMG_5635 2The students were then given a white ceramic plate (bought from The Salvation Army) where they created their own free hand drawings using only red and black Sharpie markers. On the day of the installation, the students brought their ceramic white plates with their drawings carefully illustrated through a mix of personal designs and traditionally influenced images.

IMG_5636With the guidance of elder and artist, Butch Dick, the children were taught the importance of ceremony and the symbolism of laying a table in the Songhees tradition. They were asked to place their plates in the dining room area in a spot that meant something to them in relation to their understanding of the history of Residential Schooling in Canada.

With reverent gestures and words, the students spoke to their installation choices. They had been particularly struck by the descriptions of malnourishment from the testimonies of Residential School Survivors. Many of the children hid their plates under the large oak table, or under the chairs to represent the starvation of Indigenous children while at school. As the installation took its living form, the children chose to turn the chairs on their side, and to cluster their plates in the corners of the room to represent the upheaval of home and culture due to mandated schooling for Indigenous children.

IMG_5678Shion: “We put our plate above the fireplace so that people could remember the children that didn’t get to have these plates in Residential School. The fireplace is a symbol of First Nations hope”

James: “I put my plate away from everyone else’s because people were trying to destroy their culture and keep it away from them. Our plate represents the culture that was taken away from the kids.”

Maciah: “We put our plate on a shelf on a smaller table because maybe not all kids got to sit at the table and maybe had to sit on the floor. It was meaningful because we are bringing back the memory of First Nations kids who were forced to go to Residential Schools.”

IMG_5749 2By inserting their voices through the act of installation the students experienced a powerful social intervention. They were called to speak to their intentions to disturb the establishment of the Greater Victoria Art Gallery, on their own terms, in their own words. As Layla, a grade 3 student said, “When I made the drawing I felt I was learning about the culture and also doing something kind for the children by drawing their designs”. The children realized quickly that their art work was not for them; it was not a product to take home or display on the wall. As Adison said, “I like that some people learned that not everything is for yourself you have to make things for others, as well and learn about other cultures”.

In the collective experience of installing their art work as a social intervention, witnessed by their teachers and Butch Dick, who himself is a Survivor of Residential Schooling, the children experienced the importance of standing up for those who have been silenced. Jamie, a new student from Japan, reflected on the experience with poignant simplicity, “the kids couldn’t see their parents for a long time. So, we honour them.”.

After the children installed their work and spoke to their choices, we circled the installation and read this quote out loud:

IMG_5780 2“We are thankful for these and all the good things of life. We recognize that they are part of our common heritage and come to us through the efforts of our brothers and sisters the world over. What we desire for ourselves, we wish for all. To this end, may we take our place in the world’s work and the world’s struggle.” (J.S. Woodsworth)

When teaching a response to the Calls to Action, we can only hope that we are able to model what social justice learning looks like within the various institutions that frame social thought. This is not work that can rely on detached lessons within the confines of a classroom. The work of reconciliation must be work with the First Peoples of the land from which we learn, through meaningful, conscious and open ended forms that refrain from a settler agenda, or desired outcome. By precisely not desiring an outcome or a finished product, the children’s temporary installation became a visual testament to the missing and unaccounted for children due to Residential Schooling. On that day, it wasn’t our words that filled the space, it was the sound of children moving with intention, fuelled by a quiet collective heat burning within each of them, to seek retribution for children they had never met. Their innate desire for reparation permeated the space, and moved them to set a place at the table for the Indigenous children who were not permitted their rightful place in Canadian society.

Photo credits:  Tasha Henry

[Ed. Note:] A truncated version of this discussion can be found on the Victoria Art Gallery’s website (http://emagazine.aggv.ca/partner-school-inquiry/)

 

 

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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Teaching the 94 Calls to Action in the Classroom

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Elder Butch Dick, offering words of welcome (photo credit: Carol Liao)

 

This year, as part of the Legal Process course at UVic, we took two days in January, (cancelled all other first year law classes) and brought the students back into their Legal Process groups to spend some concentrated time on the Truth & Reconciliation Commission’s “94 Calls to Action.”

What follows is first a description of what we did over the two days, and then some comments on how these materials could be adapted for use more generally.

THE TWO DAY PROGRAM – DESCRIBED

  • On the first morning (a 3 hour block), we had a panel of 6 speakers. The goal was, in an embodied way, to introduce our students to the history and context for the establishment of the TRC, including the history and legacy of Residential Schools.  Here is the agenda for the day Agenda for Jan 20 – Day 1 panel  (sorry…it will come up on its side, so you may have to rotate it to read it).  In brief, we had:
    • a Welcome to the territories by Songhees Elder Butch Dick, Artist and Educator
    • Tla-o-qui-aht Elder Barney Williams Jr, member of the TRC Indian Residential School Survivor Committee
    • Karla Point, Hesquiaht First Nation and UVic Cultural Support Coordinator
    • UVic (law) Prof Rebecca Johnson, giving an overview of the legal history leading to the TRC and the 94 Calls to Action [See below for more on this]
    • Ry Moran, Director of the National Centre for Truth and Reconciliation
    • Aimee Craft, Director of Research, National Centre for Truth and Reconciliation
    • UVic (visual anthropology) Prof Andrea Walsh, speaking about the process of repatriating children’s art from a provincial residential school
    • UVic Chancellor Shelagh Rogers, Honorary Witness to the Truth and Reconciliation Commission.
  • On the second morning (another 3 hour block), following a short debrief of the day before, the students worked in small groups on a set of exercises aimed at introducing them working collaboratively and individually with the 94 Calls, with the goal being, in part, developing fluency with the content (that is, just knowing what is IN the document).  Here is a copy of the exercise handout.TRC 2016 assignment handout.  Here is a copy of the instructor notes that were distributed to the teachers facilitating the small group work.  Instructor notes for TRC session-jan19

COMMENTS ON SETTING UP A MANDATORY TWO DAY PROGRAM:

Because these two days were part of a mandatory course, attendance was expected for the two days (for students who were unable to make one session or there other, there was an alternative exercise).  While this was mandatory, we did not want to create more work for either faculty or students:  we wanted a space to do some work, but not in a way that would be overwhelming.  Indeed, the focus was in large measure not on the entire history of residential schools, but on the 94 Calls to Action.

  • We did NOT ask them to read anything in advance, nor did we give them any additional readings about the TRC or its history. We presume that there will be much to do on this front over the course of the students’ education.  At THIS point, we wanted to work exclusively with the 12 page document that is the TRC Calls to Action.
  • To set the context, there was some coordination with first year profs early in the year/term, so that all the students had already had a few lectures relating to issues emerging in the TRC Calls to Action [including a lecture in Criminal law on the Kikkik case, and Inuit relocations; a lecture in Constitutional law on the history of Govt/Indigenous relations leading up to the establishment of residential schools]
  • The first day panel was an intense experience, in a good way.  We had struggled in advance over the question of whether or not to ask someone to come speak with us about their residential school experience. On the one hand was the worry that Indigenous folks are all too often asked to share in contexts that are very exacting (that is, I was not wanting to do more damage).  On the other hand, people pointed out the real importance of having space made for those voices, and of letting others make the decisions.  Certainly, Barney and Karla’s participation was a crucial part of the experience.  As many students noted afterwards, it is one thing to have read about things.  It is a very different experience to be physically present with someone who speaks to their experience.  This was a super helpful piece of situating WHY the TRC Calls to Action matter so profoundly.
  • Part of the goal for the second day small group work was to enable them to meet up again with the groups with whom they had spent the first two weeks of law school.  It was also designed to be more practical and hands on — to look concretely at the text of the 94 calls, and to have a chance to work with them collaboratively with others.
  • In addition to ‘attendance’/participation in the group work, the “assignment” was two small pieces of reflective (non-graded) writing:  at the end of each of the two days, students were to submit a post to a blog (set up so that no one but the teacher would see their comments).  They could put down anything they wanted in terms of responses/comments/thoughts/questions.  The piece would show up as complete/incomplete based on simply the submission of text, and there were no marks for brilliance, nor content. The point was to create a space for reflective thinking, focus on the process of thinking, not on the substance of the thought.

COMMENTS ON ADAPTING THE EXERCISES TO A SMALLER CLASS CONTEXT

These materials were later adapted for use in the context of an upper year Criminal Law seminar course, using two class sessions.

  1. The first class session was in the nature of a lecture/powerpoint, setting up the legal context that resulted in the TRC Calls to Action.  Attached is the powerpoint, which people should feel free to use/modify/adapt, etc. [TRC powerpoint-for sharing]  I have a longer draft narrative text which walks a person through the powerpoint.  I also have an audio file from the talk for Legal Process.  If you want a copy of either, email me at rjohnson@uvic.ca.  I am happy to pass them along.  The point is to introduce students to the largest class-action in Canadian history (the Indian Residential School Settlement Agreement – IRSSA), and to have them see the structure of the settlement agreement.  This helps to make visible who is and who is not covered by the IRSSA.
  2. For ‘homework’ after the first session, hand out copies of the TRC 94 Calls to Action (the document is only 12 pages long), and ask them to read it through, and highlight “The federal government” every time they see it mentioned.  While the feds are not the only actors, they ARE a party to the Settlement Agreement (IRSSA).  Thus, the highlighting helps to make visible the sections that speak to their particular obligations.  Highlighting the document also helps the students see more clearly how many other parties are present in the document.  The other reason to have them highlight is to help with the reading (having a task helps ground the reading, so that eyes don’t just slide over the text and out of focus).
  3. The second class session involves working with the same assignment we used for Legal Process.  Here it is. TRC 2016 assignment handout.  And here are the instructor notes  Instructor notes for TRC session-jan19.  But, in brief:
    • The first exercise focuses on Recommendations 1-42.  The goal in each case is not to have students ‘debate’ the recommendations, or consider IF they should be adopted (that would be OK too, but would be a different exercise than the one we used here), but is rather to spend the time trying to ask [in a very descriptive way] what a working group might do, if they were working for a government who was committed to acting on the Calls to Action.  The goal is to imagine a space that is actively affirmative and committed to reconciliation.
    • It  helps to divide students into 5 different groups (Justice, Education, Health, Language and Culture, Child Welfare), so each group is only focusing on a handful of recommendations.  It also helps for them to have flip chart paper to work on [part of the goal is to also provide a chance for collaborative work and discussion], with plenty of coloured pens.  Remind them as they map out strategies to also be including the section numbers.  The goal is less for them to SOLVE problems, than to be able to describe the sections, and identify the kinds of verbs and parties involved.  For the exercise, we asked them to imagine themselves as the federal government.  But many recommendations are aimed at other parties, or are collaborative.  So the goal was also for them to think about the mechanisms they would need to put in place to build relations with the other parties they are to be collaborating with.  It was helpful (when touching base with the groups as they work) to keep reminding them to think about questions like “division of powers”, and “cooperative federalism”, and also about resources OTHER than money.  If they work on flip charts, you can hang them up, so that they can move around to see what the other groups have come up with, which can help in identifying themes.
    • The second exercise (10 different possible questions to work on) was designed to focus on Recommendations 43-94.  These questions again presume people in the community, and don’t require the student to imagine themselves as a lawyer.  They can be providing information more generally based on their knowledge.  The goal is to help an interested person locate sections that may be of interest, and to think about creative solutions.  Here, try to focus them in on finding recommendations that might be drawn up even where they don’t require action (that is, consider that there are recommendations that might serve as inspiration for people wanting to take steps, rather than seeing them only as obligations to  be met or avoided).  This approach makes it easier for them to read the sections with a sense of who is invited in, and the kinds of actions of reconciliation that might be imagined.

The above was one way of introducing the 94 Calls to Action into an upper year crim law class.  Given the breadth of the calls, it is hopefully clear that one might just as easily do this in the context of many other law school classes.  Indeed, it is also possible to do this with high school or general community groups, adapting the materials both to the time available, and the particular interests of the group.