Jennifer J. Llewellyn - Speaking My Truth

Jennifer J. Llewellyn - Speaking My Truth Jennifer J. Llewellyn - Speaking My Truth

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12.07.2015 Views

As the TRC begins its journey, it must figure out how to navigate the complexand difficult road of “truth” and map a course toward reconciliation. In doingso, it will face the substantial challenge that others who have travelled this pathbefore have encountered: bridging the gap between truth and reconciliation.This paper suggests that restorative justice may provide the bridge thecommission needs to travel along the road from truth towards reconciliation.The principles and practices of restorative justice provide importantdirection and guidance for the journey upon which the commission hasembarked. Restorative justice offers an important framework through whichthe commission’s mandate can be understood and undertaken. This paperconsiders the possibilities, opportunities, and challenges for the IndianResidential Schools TRC as a restorative justice institution.Restorative Justice and the Mandate of the Truthand Reconciliation CommissionA quick read of the IRSTRC mandate provides some insight into the “truth”aspect of the commission’s work. The commission is charged with theresponsibilities of taking statements, finding and analyzing historical facts,writing reports, managing knowledge, and archiving. Its mandate makes clearthat the commission is not tasked with ascribing legal guilt or responsibility,but rather with establishing as clear a picture as possible of the residentialschool system and the experiences of those who survived it and live with itslegacy. The commission is thus clearly charged with seeking the truth aboutresidential schools. It is then tasked with ensuring this truth is widely knownand understood. What is less evident from a reading of the commission’smandate is what is entailed by the “reconciliation” part of its work. Indeed,neither the meaning nor means of reconciliation receives much attention inthe mandate despite the hope reflected by its name that this body would beabout both truth and reconciliation. The mandate simply states that:Reconciliation is an ongoing individual and collective process, and will requirecommitment from all those affected including First Nations, Inuit and Métisformer Indian Residential School (IRS) students, their families, communities,religious entities, former school employees, government and the people of Canada.Reconciliation may occur between any of the above groups. 2The community events are intended to address “the needs of the formerstudents, their families and those affected by the IRS legacy;” 3 thus, they areimplicitly meant to be reconciliatory. But there is no specific attention paid tothis goal or how it might be achieved. The clearest contemplation of how thecommission might be about reconciliation is contained in the introductorystatement: “The truth of our common experiences will help set our spirits free186 | Jennifer J. Llewellyn

and pave the way to reconciliation.” 4 This sentiment borrows from the SouthAfrican Truth and Reconciliation Commission’s slogan “Truth. The road toreconciliation.” The South African commission’s slogan was an attempt torespond to the same concern that might be raised about the Indian ResidentialSchools TRC—that it is heavy on truth and light on reconciliation. The SouthAfrican slogan does serve as an important and necessary temper on unrealisticexpectations. It cautions that truth and reconciliation are not one and thesame. Distinguishing the two also makes clear that while truth may benecessary for reconciliation, it alone is not sufficient. There is a road towardreconciliation, and truth is a fundamental part of the journey, but there areother steps to be taken along the way. The lesson of this slogan for the SouthAfrican commission was clear. It could not promise nor be expected to producereconciliation. Indeed, no one process or institution could achieve this goal.This same conviction underpins the description of reconciliation in the IndianResidential Schools TRC’s mandate as an ongoing process.While this slogan may be a helpful caution it also has the potential to misleadand strand those who would travel the road to reconciliation. Successfuljourneying requires closer attention to the route from truth to reconciliation.The journey from truth is not an easy one. Zapiro, a South Africanpolitical cartoonist, reflected upon this challenge about the South Africancommission in the cartoon shown on the following page. 5In it, we see Archbishop Tutu, the commission’s chairperson, leading theway to the edge of a cliff labelled “truth.” A huge gulf lies between “truth”and the other side, “reconciliation.” Tutu examines the map desperatelyseeking a way through this impasse. This is a poignant illustration of thedifficult task of bridging the distance between truth and reconciliation thatalso faces the IRSTRC.Many of the critiques of the South African Commission decried the sacrificeof justice it represented. Critics objected to the provision of amnesty and thefailure to prosecute and punish that it entailed. In the process of respondingto these “justice critics,” the South African TRC came to realize that justicewas indeed the missing piece in their work and what was needed to bridgethe gap they faced between finding the truth and reconciliation. It was not,however, justice of the sort the critics had in mind that the commissiondiscerned was needed, the justice of prosecution and punishment wouldnot assist in their journey toward reconciliation. Instead, the Commissionsought restorative justice. 6 Restorative justice similarly offers an importantframework for approaching the work of the Indian Residential School TRC. Itis the missing piece along the road toward reconciliation.From Truth to Reconciliation | 187

As the TRC begins its journey, it must figure out how to navigate the complexand difficult road of “truth” and map a course toward reconciliation. In doingso, it will face the substantial challenge that others who have travelled this pathbefore have encountered: bridging the gap between truth and reconciliation.This paper suggests that restorative justice may provide the bridge thecommission needs to travel along the road from truth towards reconciliation.The principles and practices of restorative justice provide importantdirection and guidance for the journey upon which the commission hasembarked. Restorative justice offers an important framework through whichthe commission’s mandate can be understood and undertaken. This paperconsiders the possibilities, opportunities, and challenges for the IndianResidential Schools TRC as a restorative justice institution.Restorative Justice and the Mandate of the <strong>Truth</strong>and Reconciliation CommissionA quick read of the IRSTRC mandate provides some insight into the “truth”aspect of the commission’s work. The commission is charged with theresponsibilities of taking statements, finding and analyzing historical facts,writing reports, managing knowledge, and archiving. Its mandate makes clearthat the commission is not tasked with ascribing legal guilt or responsibility,but rather with establishing as clear a picture as possible of the residentialschool system and the experiences of those who survived it and live with itslegacy. The commission is thus clearly charged with seeking the truth aboutresidential schools. It is then tasked with ensuring this truth is widely knownand understood. What is less evident from a reading of the commission’smandate is what is entailed by the “reconciliation” part of its work. Indeed,neither the meaning nor means of reconciliation receives much attention inthe mandate despite the hope reflected by its name that this body would beabout both truth and reconciliation. The mandate simply states that:Reconciliation is an ongoing individual and collective process, and will requirecommitment from all those affected including First Nations, Inuit and Métisformer Indian Residential School (IRS) students, their families, communities,religious entities, former school employees, government and the people of Canada.Reconciliation may occur between any of the above groups. 2The community events are intended to address “the needs of the formerstudents, their families and those affected by the IRS legacy;” 3 thus, they areimplicitly meant to be reconciliatory. But there is no specific attention paid tothis goal or how it might be achieved. The clearest contemplation of how thecommission might be about reconciliation is contained in the introductorystatement: “The truth of our common experiences will help set our spirits free186 | <strong>Jennifer</strong> J. <strong>Llewellyn</strong>

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