Jennifer J. Llewellyn - Speaking My Truth

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concern, and dignity—is not something that can be imposed uponindividuals; rather, it requires a willingness to do so.• Restorative justice requires that the wrongdoer accept responsibilityfor the act(s) at issue. While restorative justice requires that thewrongdoer acknowledge that he/she was involved and responsiblefor the events that occurred, the meaning, significance, andimplications of these events can, however, be in dispute. Indeed,restorative justice processes are commendable for their ability todeal with the moral nuances and to achieve a full and relationalunderstanding of the context, causes, and consequences ofwrongdoing from which a plan to address it can be developed.• Restorative justice processes should be aided by a trainedfacilitator(s) responsible for:• identifying the parties who should be included within the process;• preparing the parties for the encounter process;• guiding the parties through the encounter process and ensuringthat the process reflects the values of relationship it seeks to achieve,namely, that all parties are accorded equal concern, respect, anddignity;• identifying and addressing potential or actual power imbalances withinthe process;• ensuring participation is voluntary at the beginning and throughout theprocess;• ensuring diverse voices are included, heard, and respected within theprocess;• protecting parties’ legal rights;• assisting the parties to set ground rules regarding participation in theprocess (norms about acceptable behaviour during the process); and• ensuring fair and equitable participation by all parties in the process.The Indian Residential School Truth and Reconciliation Commission:A Restorative Institution?Restorative justice holds significant promise as a framework for the IRS Truthand Reconciliation Commission to structure and approach its work. Withinthis framework, the goals of truth and reconciliation can be understoodand a route between the two forged. The commission has much potential asa restorative process; however, it will face some challenges when trying tobridge the gap between truth and reconciliation through restorative justice.This section identifies some of the issues that the commission will have toaddress in this regard.196 | Jennifer J. Llewellyn
Encounter ProcessesA restorative framework makes clear how important it is for the commissionto involve inclusive and participatory encounter processes if it is to ascertainthe truth in a way that will pave the way to reconciliation. The nationaland community events planned as part of the commission’s work have thepotential to fulfill this role. In order to play its necessary part in the workof truth and reconciliation, the commission should pay careful attentionto ensuring that standards and principles for community events reflect theimportance of inclusive, participatory, democratic, and dialogical processes.The same must be assured as the commission plans and implements thenational events within its mandate. These national events need to create aforum for more than reporting the truth the commission has discovered.These events must also create space where the parties involved can encounterone another and where truths can be told, relational truth can emerge, andthe journey toward reconciliation can begin.Working toward reconciliation will require inclusion of all those involvedor affected by the residential school system. Herein lies a potentialchallenge for the commission. Ensuring inclusivity may be difficult withrespect to individual and institutional wrongdoers. Many of the individualwrongdoers are no longer able to participate in encounter processes eitherowing to ill health or because they are no longer living. The commission hasno power to compel their participation in the process because participationis voluntary. This is in keeping with restorative justice principles.Voluntariness of the parties is essential to restorative processes since itis not possible to require or enforce restoration of relationships. There isno incentive in this case for individual offenders to take part as there isno exemption from criminal or civil liability. The commission will thenhave to consider ways to ensure that the truths that can be accessed onlyby the individuals included within the process. Institutional wrongdoersare a slightly different case. They can be represented in the process andindeed may be able to counteract the absence of individual wrongdoers tosome extent. However, despite the fact that they have secured immunityfrom civil suits out of the Settlement Agreement (at least in relation to theSurvivors who choose to take part), they cannot be compelled to takepart in the commission processes. As parties to the Settlement Agreement,though, the government and the church organizations have committedthemselves to take part in the process and to provide access to documentsand other information. It will be important for the commission to ensurethat there is room for their participation and inclusion within encounterprocesses if reconciliatory goals are to be met.From Truth to Reconciliation | 197
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 and 10: of past wrongdoing, its implication
Page 11 and 12: practice are instructive for those
Page 13: participatory design is also import
Page 17 and 18: Future OrientationThe commission’
Page 19: Notes1 Indian Residential Schools R

Jennifer J. Llewellyn - Speaking My Truth

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