INTRODUCTION AND BACKGROUND

The long-overdue movement to provide redress to those who suffered abuse in Canada's Residential Schools is on the threshold of achieving effective resolution, arguably a historical success in relative terms by comparison with reparations claims in other countries. The processes employed for claims by Residential School survivors – for psychological abuse, physical abuse, sexual abuse, and cultural genocide – have included litigation, alternative dispute resolution (ADR) and political negotiation. This chapter will review recent developments with respect to these resolution processes, in which the leading Native Indian non-governmental organisation in Canada, the Assembly of First Nations (AFN), has played a major role. The chapter will also begin to explore questions of justice and legal theory raised by the processes.

POLITICAL AWARENESS: RESTORING DIGNITY

The 1996 Royal Commission on Aboriginal Peoples, Looking Forward, Looking Back, recommended that there be a public inquiry to examine the origins and effects of government policies with respect to Residential Schools and the abuses which took place in that context. This task was handed to the Law Commission of Canada. In 1998, the government also made a Statement of Reconciliation which acknowledged and expressed regret for the harms caused. After a series of dialogues between government representatives, church representatives, and school survivors, a number of pilot ADR projects were undertaken. Recommendations were then made with respect to the design of any future resolution processes. In 2000 the government released the Law Commission Report, Restoring Dignity: Responding to Child Abuse in Canadian Institutions, which set out principles for a compensation plan and called for a public inquiry into the problem.

The Restoring Dignity Report identified the ‘needs’ of survivors of abuse in the Residential Schools from their own perspective. The Report resolved to keep the interests of these children (who are now adults) at the forefront of any further resolution. Restoring Dignity revealed two overarching ‘values’ that were reflected in the way survivors themselves had expressed their needs. These were:

• (a) Respect and engagement; and

• (b) Information and support.