Module 1: Ethical and Legal Considerations
The Truth and Reconciliation Commission of Canada (TRC)
The when
The Truth and Reconciliation Commission (TRC) was formed in 2008 to acknowledge the deep and lasting harms done to Indigenous Peoples through the Indian Residential School System.
Learner notes
Source and recommended reading: 94 Calls to Action: Truth & Reconciliation (Halifax Public Libraries)
The why
In 2015, the TRC published the findings sharing the cultural genocide that the Residential School System brought on Indigenous Peoples. This marked Canada’s beginning of dismantling the systemic racism towards Indigenous Peoples in Canada.
Learner notes
The mandate of the TRC was to inform all Canadians and the world about what happened in Residential Schools. The TRC documented the truth of Survivors, their families, communities, and anyone personally affected by the residential school experience. What happened in Residential Schools has had lasting effects on Indigenous Peoples and their trust in the Canadian government and systems.
Source and recommended reading: Truth and Reconciliation Commission of Canada (National Centre for Truth and Reconciliation)
The goal
The TRC’s goal was to guide Indigenous Peoples and Canadians in a process of reconciliation and renewed relationship that is based on mutual understanding and respect.
The 94 Calls to Action
The 94 Calls to Action (Truth and Reconciliation Commission) [PDF] lay out the steps Canada needs to take to help Indigenous communities heal from the harms done and to combat the systemic barriers and inequalities that Indigenous Peoples struggle with to this day.
Learner notes
Source and recommended reading: TRC’s 94 Calls to Action: Progress being made, but more needed, Indigenous advocates say (Global News)
The 94 Calls to Action are meant to be actionable recommendations to aid the healing process in two ways:
- Acknowledging the full, horrifying history of the Residential Schools System
- Creating systems to prevent these abuses from ever happening again
The TRC’s Calls to Action can be broken down into two categories:
- Legacy – Calls to Action 1 to 42.
- Reconciliation – Calls to Action 43 to 94.
Legacy Calls to Action
The purpose of the Legacy Calls to Action is to address Canada’s colonial history and the wrongs of Residential Schools, which separated Indigenous children from their families and subjected them to all types of abuse, famine, disease, and other horrifying conditions while being forcefully assimilated into Euro-Canadian culture.
The collective goal of the first 42 Calls to Action is to publicly acknowledge the cultural genocide committed. There are five subcategories of how this took place and the present effects within Indigenous communities:
- Child Welfare
- Education
- Language and Culture
- Health
- Justice
Learner notes
The Legacy Calls to Action look at Canada’s assimilation attempts and the institutionalized inequalities that Indigenous people grapple with to this day. The five categories listed above make up much of the self-determination wants of the Indigenous communities.
Reconciliation Calls to Action
The goal of the remaining Calls to Action is to implement policy changes that will:
- Meaningfully and permanently dismantle the systemic racism that leads to poor health outcomes, premature death, and limited economic opportunities
- Vastly improve life for Indigenous Peoples in Canada
- Ensure, through honest education, that this never happens again
Learner notes
The Reconciliation Calls to Action are the actions to implement to break down the systemic barriers ingrained into Canadian justice, healthcare, education, and child welfare systems.
Source and recommended reading: What Are the Truth & Reconciliation Commission’s 94 Calls to Action & How Are We Working Toward Achieving Them Today (Reconciliation Education)
Indigenous Traditional Knowledges and the Truth and Reconciliation Commission (TRC)
Respect for Indigenous Traditional Knowledges is also supported by the Truth and Reconciliation Commission’s Calls to Action.
TRC Call to Action #45, iv
“We call upon the Government of Canada… To reconcile Aboriginal and Crown constitutional and legal orders to ensure that Aboriginal peoples are full partners in Confederation, including the recognition and integration of Indigenous laws and legal traditions in negotiation and implementation processes involving Treaties, land claims, and other constructive agreements.”
Learner notes
We have used the term “Aboriginal” as it appears in the formal TRC document and as it was the term used at publication.
We would like to highlight the statement about Indigenous laws and legal traditions as this will be a consistent theme throughout this course. The governance models shared are an example of how Canada is honouring and actioning the TRC. We also highlight Call to Action #45 as it will be discussed in more detail in Module 4, Information Literacy.
Recommended reading: Indigenous Knowledges – Copyright – University Library | University of Saskatchewan (usask.ca)
TRC Call to Action #63
“We call upon the Council of Ministers of Education, Canada to maintain an annual commitment to Aboriginal education issues, including:
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Developing and implementing Kindergarten to Grade Twelve curriculum and learning resources on Aboriginal peoples in Canadian history, and the history and legacy of residential schools.
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Sharing information and best practices on teaching curriculum related to residential schools and Aboriginal history.
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Building student capacity for intercultural understanding, empathy, and mutual respect.
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Identifying teacher-training needs relating to the above.”
Learner notes
We have highlighted call to Action #65 as it relates to education and the nature of this course.
Source and recommended reading: Beyond 94 | 63. Council of Ministers of Education Canada to maintain an annual commitment to Aboriginal education issues (CBC News)
What are the TRC’s goals?
The TRC has seven goals:
- Acknowledge Residential School experiences, impacts, and consequences.
- Provide a holistic, culturally appropriate, and safe setting for former students, their families, and communities as they come forward to the Commission.
- Witness, support, promote, and facilitate Truth and Reconciliation events at both national and community levels.
- Promote awareness and public education of Canadians about the Indian Residential School System and its impacts.
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Identify sources and create a historical record of the Indian Residential School System and its legacy.
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Produce and submit a report including recommendations to the Government of Canada concerning the Indian Residential School System and experience, including its history, purpose, operation and supervision, effect and consequences (including systemic harms, intergenerational consequences, and impact on human dignity), and ongoing legacy.
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Support commemoration of former Indian Residential School students and their families.
Additional TRC resources
Here are some recommended readings:
- Calls to Action [PDF]
- Truth and Reconciliation Commission Calls to Action for Education – People for Education
- Post-Secondary Education in Canada: A Response to the Truth and Reconciliation Commission of Canada – Graduate School of Public Policy
Now that you have an understanding of the TRC, let’s take a look at the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).