Aftermath of a Storm: Women and Reparations for Residential School Abuses

Abstract

This article is an effort to explain how a gender-specific (women only) community-based research project, working in partnership with an Indigenous women’s organization, made visible issues of gender, sexuality, and race in the Indian residential school (IRS) compensation claims process. The study focused on the Independent Assessment Process (IAP), which involved an out-of-court adjudication whereby IRS Survivors gave oral testimony to an adjudicator about serious physical and sexual abuses they experienced at IRS and the consequential harms. The IAP was a key part of the IRS Settlement Agreement. The article discusses the IAP in the context of Canada’s colonial history, and then it provides, through results of a community-based study, insights from Survivors, support workers, and adjudicators. The study demonstrated how the absence of a gender lens in legal policy and practices can create unfair bias and, conversely, how attention to gender, sexuality, and race can assist in mitigating colonial or settler bias. The article was inspired by a 2014 Queen’s University Faculty of Law conference in honour of the late Dr. Patricia Monture.