Jennifer J. Llewellyn - Speaking My Truth

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familiar arbiters of truth, is called upon to make determinations with respectto guilt, culpability, or liability and, in that context, must often strip awaythe complexity of the truth and make a judgment about what part of thetruth matters to resolve a conflict or controversy. But the Indian ResidentialSchools TRC is not charged with the same task as a court. Its concern andaim is reconciliation and, as such, it cannot afford to strip away or ignore themessiness or complexity of truth.Finding relational truth requires the creation of spaces and processes inwhich truths can be told and heard and in which perspectives can meet oneanother head on to challenge, integrate, and illuminate the truth about whathappened, why it happened, and what are its implications. The South AfricanTRC recognized the need to create space for different kinds of truth: factualor forensic truth, personal and narrative truth, social truth, and healingand restorative truth. 13 Central to the commission’s work were social truthand healing and restorative truth. These understandings of truth reflectthe relational nature of truth central to restorative justice. Social truth asdescribed by the commission references the way in which truth is to be found.Social truth is what emerges through dialogue and interaction with others.This is the kind of truth that the commission names as required for healingor restoration. Healing and restorative truth is “the kind of truth that placesfacts and what they mean within the context of human relationships—bothamongst citizens and between the state and its citizens.” 14 The Commissionrecognized that its task was to:help establish a truth that would contribute to the reparation of the damageinflicted in the past and to the prevention of the recurrence of serious abuses in thefuture. It was not enough simply to determine what had happened. Truth as factual,objective information cannot be divorced from the way in which this informationis acquired; nor can such information be separated from the purposes it is requiredto serve. 15A restorative lens helps shed light on the nature of the truth the IndianResidential Schools TRC seeks and the sorts of processes and methodsthrough which the truth is to be found if it is to advance the journey towardreconciliation.Restorative Justice: Bridging the GapThrough the lens of restorative justice the goal of reconciliation comes intofocus and the nature of the truth that might be needed to pave the road toreconciliation is clearer. But the cartoonist’s taunt still hangs in the air. Whatabout the gap? Even if you can walk the path of truth and you know wherereconciliation is, how are you going to bridge the distance between knowingthe truth and achieving reconciliation? Restorative justice principles and192 | Jennifer J. Llewellyn
practice are instructive for those who seek to traverse this distance and offerbuilding blocks for this bridge.Restorative justice principles and practices will be important tools forthe Indian Residential Schools TRC as they begin their work and designthe processes and mechanisms through which they will carry out theirmandate. Restorative justice, however, should not be looked to for readymadeinstitutional processes to simply adopt or employ. No matter howtempting, it would be unwise and problematic to do so from both aprincipled and practical perspective. 16 Restorative justice is committed tothe importance of flexible and contextually responsive processes. If suchprocesses are to restore relationships among the parties concerned, itis essential that the context and circumstances be taken into account toshape the design and implementation of restorative processes. If the TRC isto embrace a restorative justice framework, it should look to the principlesand elements of practice for guidance. It will also be crucial to involve theparties concerned in designing the processes so that they reflect and meettheir needs and circumstances.Restorative Justice PrinciplesRestorative justice practices and processes bridge the distance between truthand reconciliation by providing opportunities for all stakeholders to cometogether and understand the nature and extent of the harms suffered and toplan for a way to address these harms with a view to establishing restoredrelationships in the future. The following restorative justice principles andpractices might prove a useful guide for the commission on its path fromtruth toward reconciliation. 17• Restorative justice is forward looking in its orientation. It is focusedon the implications and consequences of a wrongful act for thefuture. Restorative justice seeks redress for harms with a view tocreating the conditions for restored relationships.• Restoring relationships requires attention to the particularwrongful acts at issue while paying careful attention to the contextand causes of these acts.• Restorative justice processes are inclusive, bringing together allthose affected by wrongdoing and with a stake in its resolution.As a relational theory of justice, restorative justice recognizes thebroad range of individuals, groups, and communities that mighthave been harmed by or have an interest in the resolution of asituation. The parties extend beyond the victim and wrongdoers toFrom Truth to Reconciliation | 193
Page 1 and 2: Jennifer J. LlewellynFrom From Trut
Page 3 and 4: Bridging the Gap between Truth and
Page 5 and 6: and pave the way to reconciliation.
Page 7 and 8: Any bridge must pay close attention
Page 9: of past wrongdoing, its implication
Page 13 and 14: participatory design is also import
Page 15 and 16: Encounter ProcessesA restorative fr
Page 17 and 18: Future OrientationThe commission’
Page 19: Notes1 Indian Residential Schools R

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