Canada’s Residential School System and its Impact on Indigenous Human Rights

By: Aurélie Lévesque

Image: The Kamloops Indian Residential School in 1937. National Center for Truth and Reconciliation, via EPA, via Shutterstock

I. Introduction

Relations between European settlers and indigenous tribes that populated Canadian territory have been featured in history textbooks for decades. However, the darker reality of Canada’s colonial past only came to light in May 2021, when 215 unmarked graves were found at a former residential school in Kamloops, British Columbia.[1] They belong to indigenous children who died at the hands of Canada’s ‘assimilation’ programs.[2] They were first established in 1820[3] and ran from the mid-19th century[4] until 1997.[5] 132 residential schools were operated nation-wide.[6] Following this discovery, law enforcement and archaeologists began searching for graves across Canada,[7] and by September 2021, over 1300 unmarked graves had been discovered at former residential schools.[8] As Canada began to mourn the losses stemming from its colonial past,[9] indigenous rights took centre stage nationwide.[10]

This article explores the impact of the Canadian residential school system on indigenous rights across Canada. It examines the early relations between European settlers and indigenous tribes with a focus on the following events that lead to a devastating cultural genocide of an entire population.[11] Finally, the article analyses present day impacts of residential schools on the socio-economic position of indigenous community throughout Canada.

II. Early European colonisation and relations

Starting from 1534, explorer Jacques Cartier led several expeditions from France, across the Atlantic, to what is now Canada.[12] Cartier was the first European to sail down the St-Lawrence River, discovering what is presently recognized as Québec City and Montréal.[13] Settlers formed commercial alliances with indigenous tribes, mainly Algonquin and Iroquoian, specifically for the fur trade.[14] ‘Indigenous people’ in Canada, describes the original inhabitants of North America,[15] which refer to the three main groups of indigenous people; First Nations, Inuit, and Métis.[16] These groups have distinct languages, histories, cultural practices and spiritual beliefs.[17] The commercialisation of First Nations by the European settlers led to a highly competitive trade,[18] resulting in wars between several tribes.[19] However, from the mid-18th century onwards, the relationship between settlers (and the ruling British Crown) and First Nations began to shift.[20] As newcomers migrated to Canada following the American War of Independence, the demand for land increased.[21] Indigenous people were seen as ‘obstacles to growth’ since they held most of the land in Canada.[22] Legislation such as the “Indian Act”, which came into force in 1876, allowed Federal government authority over all land reserved for First Nations.[23] Additionally, the Act pushed for parents to send their children to Canadian schools, to ‘assimilate’ indigenous children.[24]

III. The residential school system

The tale of the residential school system spans the entire length of Canada’s modern history. Its beginning can be traced back as far as the 1820s, [25] with the last school only closing its doors in 1997.[26] Residential schools were set up by the Canadian government and were run by the Roman Catholic Church.[27] White Canadians and the Federal government itself considered the indigenous way of life as “immoral” and “uncivilized”.[28] Hence, there was a need to ‘civilise’ Native American children,[29] which led to the assimilation programs. The ‘assimilation’ of native children included cutting off their hair (for boys), giving them new names, and being forced to swap their traditional clothes for given uniforms.[30] The schools were present in all provinces of Canada, except for Prince Edward Island, New Brunswick, and Newfoundland.[31] It was assumed by the government that Indigenous people there had sufficiently been assimilated into Euro-Canadian culture, and residential schools were no more necessary.[32]

Over 150,000 First Nation children attended residential schools during its almost 200-year period of existence.[33] Before their harmful reputation, Indigenous leaders hoped the schools would help their children learn the skills of the newcomers and ensure a smooth transition into a “world dominated by the strangers”.[34] The reality, however, was much more severe. Children were taken from their families and communities, often without parental permission, to the residential schools.[35] Upon arrival at the schools, children were separated from their siblings, given ‘English’ names, forbidden from speaking their native language, stripped of their traditional clothes, and given uniforms.[36] Religion, specifically Christianity, was heavily emphasised. The faculty taught Christian practices to Indigenous youth while demonizing their traditions and beliefs. [37] Children were also forced to attend mass daily to convert them into the dominant culture. [38]

The schools themselves were reported to provide poor education to the children, which did not go beyond the elementary level.[39] Depending on the province, lessons were taught in English or French, which a majority of the children did not speak.[40] The ‘vocational training’ that the children received mainly consisted of unpaid labour.[41] Their instruction was segregated by gender, with girls learning how to sew, cook, and clean, whilst boys learnt agricultural labour, carpentry, and construction.[42] This allowed the schools to run at very low costs.[43] A 2015 report by the Truth and Reconciliation Commission concluded that teachers were underqualified, the schools were significantly underfunded, and children left the schools without completing their education and without the necessary skills to succeed in society.[44]

IV. Human Rights and First Nations in Canada

Residential schools had dire circumstances for their students. Abuse, both physical and sexual, ran rampant at the schools.[45] Many students were sexually abused by priests, and others were heavily beaten, chained, or left in solitary confinement for long periods of time.[46] Despite allegations brought by students and parents alike, these claims were often left unresolved by the schools.[47] Diseases including tuberculosis and influenza led to outbreaks in several schools, resulting in high death tolls.[48] Children were then buried in what are now known as the unmarked graves.[49] Some schools significantly outnumbered the 215 unmarked graves in Kamloops,[50] such as Marieval Residential School in Saskatchewan, Canada, which was closed in 1997 and had 751 confirmed unmarked graves.[51]

Survivors of the residential school system report on the severe human rights violations suffered during their time in the schools.[52] Students were stripped of their human dignity, forced to assimilate into Canadian society, and had their culture, practices, and language banned by the staff tasked with their assimilation.[53] They were also subjected to degrading treatment, and as mentioned above, to forceful unpaid labour.[54]

The residential schools subjected indigenous youth to human rights violations and contributed to the negative long-term socio-economic impacts left on the indigenous communities in Canada.[55] The residential school system continues to be a key player in the cycle of poverty that plagues indigenous communities nationwide.[56] Residential schools left a legacy of systemic poverty amongst indigenous students, due to the poor curriculum and ‘vocational training’ provided to them.[57] Indigenous students departed from the schools around the age of 18, and most had not surpassed a fifth-grade learning level.[58] Additionally, students lacked transferrable skills to be able to enter the workforce, resulting in high unemployment rates.[59] In 2021, 24 years after the last residential school closed, indigenous people suffered the highest unemployment rate in Canada, at 11 percent, compared to the 7 percent unemployment rate for the rest of the country.[60] Consequently, 25 percent of indigenous people, and four out of ten indigenous children, live in poverty today.[61] The poverty cycle impacts generations of indigenous people - students graduating from school are struggling to find high-paying and stable employment, making them unable to provide for their families.[62] As a result, children born in households living in poverty, have few chances to escape.[63]

The early twenty-first century saw the payment of reparations to indigenous communities who had suffered from the residential school system.[64] In 2005, the government issued a CAD 1.9 billion compensation package to survivors of abuse at the hands of governmental residential schools.[65] Two years later, in 2007, the Residential Schools Settlement Agreement came into place, and the Federal government and churches of Canada agreed to provide financial compensation to former residential school attendees.[66] The Agreement consisted of the following five elements:

i. compensation for former students;

ii. an Independent Assessment Process (IAP) for claims of sexual or physical abuse;

iii. initiatives were implemented such as the Indian Residential Schools Resolution Health Support Program;

iv. commemoration;

v. and Health and healing Services.[67]

In 2008, the Prime Minister of Canada, Stephen Harper, issued a formal apology on behalf of the Government of Canada to all former students at residential schools, recognizing the detrimental impact of the residential school system’s legacy.[68] In 2021, the government announced the annual ‘National day for Truth and Reconciliation’ on the date of the 30th of September.[69]

V. Conclusion

The residential school system, despite having been abolished over two decades ago, continues to leave a long-lasting impact on Indigenous people today. The system’s legacy allows the poverty cycle for indigenous people across Canada to prevail, creating continuous socio-economic problems.[70] Although some reparations have already been paid, groups campaigning for indigenous rights across Canada are still calling for a thorough, independent investigation into the unmarked graves, stating that “[they] will not stop until [they] find all [their] children”.[71] These groups also call on the government to put an end to the systemic inequalities faced by indigenous people and provide further reparations.[72] Overall, the residential school system casts a dark shadow over Canada’s history, however, the myriad of difficult conversations surrounding its colonial past allows the country to face its darkest chapter, by taking steps to compensate indigenous communities who suffered from Canada’s colonialism.

[1] Leyland Cecco, ‘Canada must reveal “undiscovered truths” of residential schools to heal’ The Guardian (London, 27 June 2021) <www.theguardian.com/global-development/2021/jun/27/canada-must-reveal-undiscovered-truths-of-residential-schools-to-heal> accessed 22 March 2023. [2] ibid. [3] Taryn Steckler-Houle, ‘The Effect of Residential Schools’ (The Borgen Project, 6 July 2021) <www.borgenproject.org/the-effect-of-residential-schools/> accessed 21 March 2023. [4] ‘First Nations in Canada’ (Government of Canada, 2 May 2017) <www.rcaanc-cirnac.gc.ca/eng/1307460755710/1536862806124> accessed 24 March 2023. [5] Kieran Leavitt, ‘Here’s what we know about the Marieval Indian Residential School’ The Toronto Star (Toronto, 24 June 2021) <www.thestar.com/news/canada/2021/06/24/heres-what-we-know-about-the-marieval-indian-residential-school.html> accessed 23 March 2023. [6] First Nations in Canada (n 4). [7] Leyland Cecco, ‘Canadian police investigating Manitoba residential school abuse claims’ The Guardian (London, 27 July 2021) <www.theguardian.com/global-development/2021/jul/27/canada-police-investigating-manitoba-residential-school-abuse-cliams> accessed 24 March 2023. [8] ibid. [9] ibid. [10] Leyland Cecco (n 1). [11] Ian Austen, ‘Canada Settles $2 Billion Suit Over “Cultural Genocide” At Residential Schools’ The New York Times (New York City, 21 January 2023) <www.nytimes.com/2023/01/21/canada-indigenous-settlement.html> accessed 5 April 2023. [12] W J Eccles, ‘Jacques Cartier’, (Encyclopaedia Britannica, 1 January 2023) <www.britannica.com/place/New-France> accessed 20 March 2023. [13] ibid. [14] ‘A legal timeline of indigenous rights in Canada’ (Nelligan Law, 2020) <https://nelliganlaw.ca/a-legal-timeline-of-indigenous-rights-in-canada/> accessed 20 March 2023. [15] ‘Indigenous peoples and Communities’ (Government of Canada, 30 August 2022) <www.rcaanc-cirnac.gc.ca/eng/1100100013785/1529102490303> accessed 23 April 2023. [16] ibid. [17] ibid. [18] A legal timeline of indigenous rights in Canada (n 14). [19] ibid. [20] First Nations in Canada (n 4). [21] A legal timeline of indigenous rights in Canada (n 14). [22] ibid; First Nations in Canada (n 4). [23] A legal timeline of indigenous rights in Canada (n 14). [24] ibid. [25] Steckler Houle (n 3). [26] Leavitt (n 5). [27] J R Miller, ‘Residential Schools in Canada’ (The Canadian Encyclopedia, 6 January 2023) <www.thecanadianencyclopedia.ca/en/article/residential-schools> accessed 20 March 2023. [28] Jennifer Brant, ‘Racial Segregation of Indigenous Peoples in Canada’ (The Canadian Encyclopedia, 1 May 2020) <www.thecanadianencyclopedia.ca/en/article/racial-segregation-of-indigenous-peoples-in-canada> accessed 23 April 2023. [29] Erin Hanson, ‘The Residential School System’ (Indigenous Foundations University of British Columbia, September 2020) <www.indigenousfoundations.arts.ubc.ca/the_residential_school_system/> accessed 5 April 2023. [30] Miller (n 27). [31] ibid. [32] ibid. [33] Leavitt (n 5); Miller (n 27). [34] Miller (n 27). [35] ibid. [36] ibid. [37] ibid. [38] ibid. [39] ibid. [40] ibid. [41] ibid. [42] ibid. [43] ibid. [44] ibid. [45] ibid. [46] ibid. [47] ibid. [48] ibid. [49] ibid. [50] Tracey Lindeman, ‘Canada: remains of 215 children found at indigenous residential school site’ The Guardian (London, 28 May 2021) <www.theguardian.com/world/2021/may/28/canada-remains-indigenous-children-mass-graves> accessed 23 March 2023. [51] Leyland Cecco, ‘Canada discovers 751 unmarked graves at former residential school’ The Guardian (London, 24 June 2021) <www.theguardian.com/world/2021/jun/24/canada-school-graves-discovery-saskatchewan> accessed 23 March 2023. [52] Brandi Morin, ‘Residential school survivors reflect on brutal legacy: “That could’ve been me.”’ National Geographic (Washington DC, 28 June 2021) <www.nationalgeographic.com/history/article/residential-school-survivors-reflect-on-brutal-legacy-that-could-have-been-me> accessed 24 March 2023. [53] The Canadian Encyclopedia (n 27). [54] ibid. [55] Sarah El Gharib, ‘4 Ways Residential Schools Continue to Impact Canada’s Indigenous People’ (Global Citizen, 9 August 2022) <www.globalcitizen.org/en/content/4-impacts-residential-schools-indigenous-people/> accessed 23 March 2023. [56] ibid. [57] ibid. [58] Miller (n 27). [59] ibid. [60] El Gharib (n 55). [61] ‘Poverty in Canada’ (Canadian Poverty Institute) <www.povertyinstitute.ca/poverty-canada> accessed 24 March 2023. [62] El Gharib (n 55). [63] ibid. [64] Miller (n 27). [65] ibid. [66] ibid. [67] Tabitha de Bruin, ‘Indian Residential Schools Settlement Agreement’ (The Canadian Encyclopedia, 16 January 2020) <www.thecanadianencyclopedia.ca/en/article/indian-residential-schools-settlement-agreement> accessed 5 April 2023. [68] Miller (n 27). [69] ibid. [70] Leyland Cecco (n 1). [71] Leyland Cecco (n 51). [72] Miller (n 27).