TRC takes criticism on the chin

Not everyone is entirely pleased with the work undertaken to date by the Truth and Reconciliation Commission.

Conservative Senator Carolyn Stewart-Olsen from New Brunswick expressed displeasure when TRC Chair Justice Murray Sinclair and commissioners Chief Wilton Littlechild and Marie Wilson appeared before the Standing Senate Committee on Aboriginal Peoples on Sept. 28.

“Not to be argumentative, but I read with interest the mandate. I do not see anywhere in your mandate an international approach. I would worry that you have a huge amount to do on a national basis,” said Stewart-Olsen.

Her observation came in response to Littlechild’s comment that the work being undertaken in Canada has received recognition on the international front.

“We have encouraged a global dialogue to happen on truth and reconciliation commissions generally. There have been many truth and reconciliation commissions around the world, but the UN recently singled us out to say that the Truth and Reconciliation Commission of Canada is a good practice as a model of not only reconciliation but conflict resolution,” said Littlechild.

But Stewart-Olsen admonished the commission, saying, “I would hope that mostly energies, monies and funding are not being devoted to an international effort at the present time when we need every ounce of your energy focused on this particular initiative. This initiative is a hugely important part of moving forward, as far as I am concerned.”
Speaking in a telephone conference with the press after the Senate hearing, Littlechild said he would not apologize for speaking out or for the commission acting on the international front.

Littlechild said international efforts were important and, in particular, where it related to the United Nations Declaration on the Rights of Indigenous Peoples, which although endorsed by both the House of Commons and the Senate, as well as referred to in the Speech from the Throne, has seen little progress.

“I feel strongly about the declaration because I think it’s a framework, a solution to build better relations. And, after all, that’s part of the mandate of reconciliation,” said Littlechild.

Concerns about the reconciliation process were also voiced by the Assembly of First Nations (AFN) when Charlene Belleau, manager of the Indian Residential Schools unit, spoke to the Senate committee following the TRC’s presentation.

Belleau noted that the AFN represented 80 per cent of the survivors covered under the residential schools settlement agreement.

“The frustration in the compensation components, in our view, may prevent survivors going forward in the Truth and Reconciliation Commission, or their willingness or unwillingness to accept the apology as presented by the government of Canada,” said Belleau.

In the morning, Sinclair noted that when the settlement agreement was reached, about 150,000 people were alive, with approximately two-thirds making claims through the common experience payments. Of those, approximately 75,000 were approved for compensation.
According to Belleau, approximately 21,000 applications were deemed ineligible for a variety of reasons, with an additional 25,000 applicants having to apply for reconsideration.
The appeal process is costly, she said, with many survivors not being able to afford lawyer fees. As well, the national administration committee is taking 415 days to process appeals instead of the 135 days that had been set as the committee’s objective.

“Although service standards have improved recently, many concerns are expressed by former (residential school) students and chiefs in assemblies that I have attended,” said Belleau.

She was also critical of the steps the federal government had taken. She noted that approximately 1,400 residential schools had not been recognized by Indian and Northern Affairs Canada, and pointed out that INAC had dropped funding for Aboriginal advocacy programs from $9 million to $3 million over the past two years. Health Canada budget cuts are also having a severe impact on meeting the needs of survivors.

“The AFN is seeking an extension to the settlement agreement to ensure that all former students that are eligible receive the benefits that they are entitled to,” said Belleau.

The establishment of the TRC was a component of the Indian Residential School Settlement Agreement which was struck in 2007. The commission, which experienced a complete turnover in members in its first year of operation, was given a five-year mandate.

Speaking in a telephone press conference, Sinclair said that extending the mandate of the commission would require the parties to the settlement agreement to all be in favour, as well as a court action. He agreed that parts of the mandate–including reconciliation, statement gathering and establishing terms of reference for the National Research Centre–went beyond five years.

Said Sinclair, “We’re not lobbying for an extension. What we are saying is that if you want some of this work to be done properly you have to consider how it’s going to be done beyond the five-year period.”

Photo Caption: Truth and Reconciliation Commission, Wilton Littlechild (left) Justice Murray Sinclair (center) and Marie Wilson, when they appeared before Senate Standing Committee on Aboriginal Peoples on Sept. 28.