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The Indian Residential Schools:

A History
1879 - 1986

Course: Aboriginal Law 5325A


Faculty: Professor Michael Coyle

Presentation
October 2, 2013

Shirley Wales
Why were the Indian Residential Schools Created?
Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 2


Any Other Goals ? . . .

“to kill the Indian in the


child”

Source: http://www.trc.ca/websites/trcinstitution/index.php?p=39
Source: http://pm.gc.ca/eng/media.asp?id=2149
Aboriginal Law 5325 - Presentation - Shirley Wales Slide 3
And More . . .
Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 4


Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 5


The Indian Residential Schools and Colonialism
Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 6


Another Goal? Conclusion of the Truth and Reconciliation
Commission
Source:
http://www.attendancemarketing.com/~attmk/TRC_jd/Interim_report_English_electronic_copy.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 7


Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 8


By Land and By Water . . .

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 9


Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 10


Where Did They Take Them?
Source: http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 11


Aboriginal Law 5325 - Presentation - Shirley Wales Slide 12
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Source: : http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 14


Source: : http://www.attendancemarketing.com/~attmk/TRC_jd/ResSchoolHistory_2012_02_24_Webposting.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 15


What Happened at the Schools?
To Quote the Prime Minister
. . . The government now recognizes that the consequences of the Indian
Residential Schools policy were profoundly negative and that this policy has had
a lasting and damaging impact on Aboriginal culture, heritage and language.
While some former students have spoken positively about their experiences at
residential schools, these stories are far overshadowed by tragic accounts of the
emotional, physical and sexual abuse and neglect of helpless children, and their
separation from powerless families and communities.

The legacy of Indian Residential Schools has contributed to social problems that
continue to exist in many communities today.. . . (emphasis added)
Source: http://pm.gc.ca/eng/media.asp?id=2149

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 16


Some Personal Accounts

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The Latest Revelations: Systemic Starvation

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And What Has Been Done About It?

Individual
Class Lawsuits
Action

Land
Claims

The Indian Residential Schools Settlement Agreement 2008

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What Did the Survivors Get?

Apology

Common
Experience Truth and
Payment Remedies Reconciliation
$ Commission

ADR / Independent
Assessment Process Claims
$

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What is the Point of the Truth and Reconciliation
Commission?

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So how does this topic relate to our course?

Aboriginal
• Hunting / fishing, etc.
• May include title to land
Rights

Aboriginal
• Somewhat like fee simple
• Only alienate to Crown
Title • “Sui Generis”

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 24


How are Aboriginal Rights and Title Proven?
84                              This appeal requires us to apply not only the
first principle in Van der Peet but the second principle as well, and adapt the
laws of evidence so that the aboriginal perspective on their practices, customs
and traditions and on their relationship with the land, are given due weight by the
courts.  In practical terms, this requires the courts to come to terms with the oral
histories of aboriginal societies, which, for many aboriginal nations, are the only
record of their past.  Given that the aboriginal rights recognized and affirmed by
s. 35(1) are defined by  reference to pre-contact practices or, as I will develop
below, in the case of title, pre-sovereignty occupation, those histories play a
crucial role in the litigation of aboriginal rights. (emphasis added)

Delgamuukw v. British Columbia, [1997] 3 SCR 1010, at par. 84 per Lamer C.J.

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 25


Did the Indian Residential Schools have any impact on the
availability of evidence?
Source: http://www.attendancemarketing.com/~attmk/TRC_jd/Interim_report_English_electronic_copy.pdf

Aboriginal Law 5325 - Presentation - Shirley Wales Slide 26


Additional Resource:

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Credits: They Came for the Children:
Canada, Aboriginal Peoples, and
Truth and Reconciliation Residential Schools
Interim Report 2012

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