Survivors frustrated about TRC delay

The pressure to deliver on a revamped truth and reconciliation framework for residential school survivors is being dearly felt, Frank Iacobucci told Windspeaker in an interview in February.
"We are working as fast as we can on this and we know the survivors are very concerned about not having a Truth and Reconciliation Commission (TRC), and so is everyone else associated with this," said the high-level facilitator named to get the TRC back on track after the sudden resignation of Justice Harry LaForme.
"We are under great pressure to get this done as quickly as we can," Iacobucci admitted.
He is among a group of people working to select three new commissioners. The TRC is getting an overhaul following the resignations of commissioners Claudette Dumont-Smith and Jane Morley in January. Their resignations take effect June 1. LaForme, commission chair, tendered his resignation in October last year after only six months on the job. He had a long list of concerns about the independence of his fellow commissioners, and cited irreconcilable agendas for forcing his decision to step down.
While Willie Blackwater, president of the National Residential School Survivors Society, is relieved to hear that the entire commission is being replaced, he's not pleased by what he sees as costly delays.
"I don't know why they're waiting until June. I don't know why they continue to hold the needle to hurt us. It's like putting a needle in us, keeping it there so we continue to feel the pain for a few more months," said Blackwater.
The commission lost an important opportunity to bring about healing in early February when the destruction of the Alberni Indian Residential School dormintory took place, Blackwater said. Without the commission, many survivors were unable to make the trip because of short notice or lack of funds.
"That could have been a huge event where a lot of commemoration and reconciliation could have happened for Aboriginal residential school survivors," said Blackwater.
"Even I didn't go, yet it was my court case that brought about everything to where it is now."
In 1994, the Blackwater case got the ball rolling on residential school compensation. The case resulted in thousands of legal actions being launched against the government and churches. The effect snowballed resulting in the Alternate Disputes Resolution, the Indian Residential School Settlement Agreement, the prime minister's apology for the residential schools system, the Common Experience Payments, the Independent Assessment Process, and the Truth and Reconciliation Commission.
In a written question and answer interview with Windspeaker, Assembly of First Nations (AFN) National Chief Phil Fontaine said the work being done now to revamp the commission is grounded in consensus, and time was needed to reach that consensus.
"It was and is important that there be consensus amongst all parties to the agreement on the next steps forward and we believe in working towards consensus. This is consistent with the First Nations approach. While there is a definite urgency in getting the Truth and Reconciliation Commission fully active and underway, we also want to be sure we do it right."
Fontaine represents the AFN on the committee, which also has representatives from Inuit organizations, the Catholic entities, and the Anglican, Presbyterian and United churches.
Blackwater was hoping to see the make up of the commission jump to five commissioners, allowing for representation from residential school survivors, as well as lawyers, politicians, and academics.
"Anyone can mimic what they hear, but unless you have true empathy and have lived that experience it's hard to understand. That's one of the key things I truly believe is the key reason why (the commission) didn't work," said Blackwater.
But commission membership will remain at three in accordance to the court-approved settlement.
"Expanding the commission to five commissioners would require an amendment to the agreement, which would then require court approval. This would create an unacceptable delay," said Fontaine.
Job descriptions have been posted for the three positions and a search consultant has been hired, said Iacobucci. The criteria established through the Indian Residential Schools Settlement Agreement calls for one of the three commission members to be Aboriginal. A survivors society committee will allow for input from residential school survivors in the work that the commission undertakes.
Iacobucci said clarification of job descriptions for both the chair and commissioners has been undertaken "to make sure that the roles are as clearly defined as possible to avoid any misunderstanding."
In an interview with Windspeaker following LaForme's resignation, Dumont-Smith stated that the commission ran into difficulties because of the interpretation of the commission's mandate, as well as the powers to be wielded by the chair and commissioners. Dumont-Smith said the roles were not spelled out in the document creating the commission and LaForme's take that the commissioners would only offer advice and assistance was his interpretation of the mandate, and not shared by her or Morley.
No timeline has been set as to when the chair and commissioners must be in place and Blackwater finds that frustrating.
"It's detrimental to the hopes of the survivors. It seems since (Prime Minister Stephen Harper's) apology, everything has been going backwards.... When there's an apology there should be a reactive thing ... that would put a bit more foundation to the words."
Iacobucci said that steps, which he would not elaborate on, are being taken in order for the new commission to be up and running as soon as the selections are made.
"The delay is unfortunate and it's my hope that it's not going to damage the work of the commission once it gets established... and hopefully we can have the benefits of reconciliation that come from the truth," said Iacobucci.