Indigenous and Northern Affairs Committee on Feb. 12th, 2009

[The Chair, Conservative, Bruce Stanton]

Ladies and gentlemen, we are going to resume committee business. The second item on the agenda is the Truth and Reconciliation Commission.

I welcome Madam Aideen Nabigon.

We're going to begin with your presentation for 10 minutes. In the course of that, you can introduce the guests who are with us today. We'll proceed from there and then to questions from members after your presentation.

[Aideen Nabigon, Acting Executive Director, Truth and Reconciliation Commission]

Thank you, Mr. Chair, and thank you for this opportunity to appear before your committee to discuss the work of the Indian Residential Schools Truth and Reconciliation Commission.

With me here today I have Alia Butt, who is the acting director of policy, and Matt Garrow, the acting director of corporate services.

I've been the acting executive director of the Truth and Reconciliation Secretariat since September 2008. The secretariat is a new government department that supports the work of the commission. The commission, which is comprised of a chair and two commissioners appointed by order in council, is independent. The executive director reports to the commission on mandated activities and to the minister for the purpose of reporting to Parliament on how the TRC has spent the money allocated to it under the Indian Residential Schools Settlement Agreement.

By way of background, I've spent my public service career dedicated to aboriginal issues, and in recent years I've been actively involved in Indian residential schools issues for three separate government departments.

I'd like to provide an overview of the TRC, including the work of the commission since it was established on June 1, 2008, and the work it will undertake over the course of its five-year mandate.

The TRC is one component of the court-approved settlement agreement. Pursuant to the agreement, $60 million was allocated for the creation of the TRC. The commission is said to be the cornerstone of the settlement agreement.

Canada's TRC is unique from other commissions around the world in that its scope is primarily centred around the mistreatment of children. Its focus of research spans more than 100 years, one of the longest durations ever examined. It is also the first court-ordered truth commission to be established. As such, the court plays an ongoing role in the implementation and supervision of the commission. Participation in all TRC activities is voluntary. The TRC process will be inclusive and open to all those who wish to participate. The commission is not a criminal tribunal and will therefore not hold hearings.

As set out in our mandate, the TRC will do the following: research and examine the conditions that gave rise to the Indian residential schools legacy; provide an opportunity for those affected, including first nations, Métis, and Inuit survivors, their families, communities, the churches and former school employees, the government, and the Canadian public to share their experiences about a significant part of Canadian history still unknown to most Canadians; create an accurate and public historical record of the past, and in doing so it will help to fill the blank pages of Canada's history; contribute to a process of truth, healing, and reconciliation; and be forward-looking and results-orientated in terms of rebuilding and renewing aboriginal relationships and the relationship between aboriginal and non-aboriginal people.

At the end of our mandate we will have accomplished the following: we will have listened to those whose lives have been deeply affected by the legacy of residential schools; we will have held seven national events in different regions across Canada to promote awareness and public education about the Indian residential schools system and its impacts; we will have supported community events across the country and produced a public report that will include recommendations to the parties of the settlement agreement; we will have supported commemoration initiatives nationally for activities that honour Indian residential school survivors and pay tribute in a lasting manner; and we will have established a national research centre that will be a lasting resource about the Indian residential schools legacy.

In terms of the progress that has been made to date, I can advise that the TRC secretariat has been working to put in place the essential organizational structure to allow the secretariat to implement its various mandate activities, including the development and approval of a Treasury Board submission, the development of an organization chart, which has been submitted to the Public Service Commission for approval, and we've initiated processes to meet federal reporting obligations.

With respect to the TRC mandate, the secretariat has developed a strategic plan and we have developed implementation strategies and work plans. We've also identified legal issues impacting on the work of the TRC and obtained advice with respect to statement gathering, legal obligations under federal privacy legislation, and the collection and archiving of documents.

We need to gain back the trust of survivors and restore confidence in the process. Once the new commission has been appointed, we will be in a position to move forward to successfully implement our mandate. In spite of the challenges the commission has faced, we appreciate the patience and understanding of Canadians, particularly survivors of residential schools. We recognize that many survivors are elderly and that we need to move forward as quickly as possible to receive statements from anyone affected by the legacy of residential schools. People will be able to describe their experiences in a safe, respectful, and culturally appropriate manner. A person might share his or her story through a one-on-one interview, in a written statement, or in a group setting.

Over the course of the next few months, the secretariat will finalize frameworks for national and community events, finalize budget allocations for mandate activities, increase communications and outreach and continue dialogue with parties and survivor organizations, and conclude the selection process for members of the Indian residential schools survivor committee, which is a 10-member committee, the majority of whom will be survivors from across Canada, that will serve as an advisory body to the TRC and will ensure that the voices of survivors are heard and reflected when providing advice and recommendations to the commission. We'll hire regional liaisons, and we'll increase our capacity by staffing positions, with a particular priority on hiring aboriginal employees.

Our focus must be on what is important for survivors and all of Canada. Indian residential schools are a part of our shared history, a history that is not well understood by many. We need to educate Canadians as to why this history is important and what impacts are still being felt as a result of this legacy. That is why the TRC is relevant today and for future generations.

There has been international interest in the work of the TRC, and the Prime Minister's apology last June further increased its international profile. The TRC must facilitate a process of truth and healing and provide the foundation for reconciliation. We want to help guide and inspire aboriginal peoples and all Canadians toward a process of reconciliation and renewed relationships based on mutual understanding and respect.

Mr. Chair, I welcome the input of the members of the committee on ways that we can ensure the success of the TRC. Thank you.

[The Chair, Conservative, Bruce Stanton]

Thank you very much.

We will now move to questions from members, beginning with Mr. Murphy.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Thank you, Mr. Chairman, and thank you to the witnesses as well. I am a new member of this committee.

I have a few questions, a couple of them, Ms. Nabigon, you might not be able to or want to respond to, and they are these. We really don't know why the commissioners couldn't get along and why Mr. Justice LaForme resigned, but what we do know is that the remaining commissioners are staying on till June 1. With all due respect, when I look at progress made with the TRC, and with great sympathy to you, it must be difficult to have any progress when the highlight of the day seems to be the bickering between commissioners, the holding over of commissioners who are not going to be there after June 1, and I would say the slowness on the government's side in getting replacements for the commissioners.

Why I say this must be difficult for you is that there's some urgency, and perhaps you could answer these questions. There is a five-year timeline for your mandate. The way I see it, since June 1 you have set out some strategic planning and a mandate. Once you get an all-new commission, that may well, with input coming from above down, change somewhat and you might as well say you're starting from scratch. Is five years enough? How much of the $60 million has been used to date? I understand you have premises, the lease for which may be up in March. What are you going to do about that? You have within the mandate a suggested report period of two years from inception, which I believe was June 2008. So in June 2010, are you going to be in a position--perhaps another six months, I understand--to do a report on the historical findings and recommendations?

I guess what I'm saying is, unless there's some dispatch on this matter from the government and the new commission, clearly, do you think you can meet the timelines and get done what is expected of you?

[Aideen Nabigon]

Clearly there was conflict within the commission. I wasn't privy to those discussions. We were not part of the discussions headed by Justice Iacobucci to find a solution for moving forward.

With regard to whether there's enough funding and enough time for moving forward, that's a decision that will have to be made when the new chair and commissioners are appointed. As I said, we're doing everything we can to make sure that the foundation is in place for the new chair and commissioners when they come on board, hopefully by June 1.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Right.

What about this two-year report? Am I right in reading that in two years you have to do a full report on the historic findings and recommendations, with the possibility of a six-month extension?

[Aideen Nabigon]

Yes.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Do you anticipate asking for the six-month extension, or advising that, in your role, to the commissioners, whomever they may be?

[Aideen Nabigon]

Yes, I definitely anticipate that we'll be asking for the six-month extension. Again, as to whether the commission and the new chair come back to the government and ask for an extension down the road on the five years, that will be up to the new commissioners.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

We know, I think, that perhaps there were personality conflicts, perhaps philosophical conflicts--which, again, we're not all privy to--but really, to the people affected, that doesn't matter. All of us as parliamentarians, particularly the government, have an obligation to move on this. You're somewhat captive, because you don't have a full commission to work with.

Is there any reason that you can see why the commissioners who are there now are staying until June? It seems an awfully long time to be saying, “I'm done with this, and I can't stay--but I'll stay till June.” What effective work can be done from now until June by two commissioners who are departing and who are not going to be part of the final process?

[Aideen Nabigon]

The commissioners in their public statement last week or the week before have committed to being available to advise on the transition, to support the new commission in its transition phase, and to provide support to the secretariat as well.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

But as I understand it, the commission--the three members, as they were, as of October of last year--never met on the substantive issues.

[Aideen Nabigon]

Again, I only started in September. I wasn't aware....

They were meeting. I wasn't a party to the conflict. As I said, it was clear that there was conflict. I wasn't involved with that.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Well, it's clear that that's all there was. No work product came out of it.

I guess what I'm asking, from a let's-get-it-done point of view, which all parliamentarians should join in on, is what utility is there in having those commissioners stay until June? Do they come into the office every day?

[Aideen Nabigon]

No, they don't come into the office every day.

Again, Mr. Chair, I simply wasn't party to the discussions that led to them staying until June 1.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

How often are they coming in to advise you with respect to the development of the Treasury Board submission, the development of an organizational chart, to initiate processes, to meet federal reporting obligations? It sounds like work that you're pretty capable of doing on your own, frankly.

[Aideen Nabigon]

Yes, the secretariat has been doing all of the work that you've just mentioned. The commissioners are not in the office.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

All right.

And do you have premises?

[Aideen Nabigon]

Yes, we do.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Is the lease up?

[Aideen Nabigon]

No. We're right in downtown Ottawa, at 100 Sparks Street.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Of the $60 million, how much has been spent?

[Aideen Nabigon]

To date we have spent $2.4 million.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Clearly that's all administrative and salary costs.

[Aideen Nabigon]

Yes.