settlement, residential school, Truth and Reconciliation Commission of Canada, indigenous people, Crown, colonial law, assimilation, self-determination, United Nations
The settlement of the residential school system class action and the creation of the Truth and Reconciliation Commission of Canada have renewed discussions on the relationship between Indigenous peoples and the Crown as part of achieving reconciliation. This article argues that promoting reconciliation in Canada requires addressing the underlying issue that led to the residential school system: the unilateral impositionofcolonial law with the goal of assimilating Indigenous peoples. The best way to prevent such actions in the future requires realizing Indigenous peoples right to self-determination. The U.N. Declaration, with its recognition of Indigenous peoples' right to self-determination, provides a framework that can be used to work toward reconciliation and reset the relationship between Indigenous peoples and the Crown.
Brenda L. Gunn, "Moving Beyond Rhetoric: Working Toward Reconciliation Through Self-Determination" (2015) 38:1 Dal LJ 237.