Canada Needs the Every Child Matters Act: What Needs to Be in the Act

Abstract

Canada has not implemented many of the Calls to Action from the Truth and Reconciliation Commission (2015). Many of the calls to action require the federal government to create new legislation, amend or repeal existing legislation, in order to properly implement the Calls to Action and to respect the spirit and intent of the Indian Residential Schools Agreement. This paper outlines 21 legislative changes that are required to be made, in the opinion of the author. Among the 21 separate items, read about the existing laws concerning genocide and how they must be changed to recognize Canada's genocide against indigenous peoples. Read about existing laws that already provide for organizations that are not incorporated and how these provide a roadmap for legislating that the Catholic Church is a legal entity and all Catholic assets in Canada must be available to satisfy damage awards against any part of the church. Read about how the law of vicarious liability has created an unnecessary and harmful barrier to justice for abused children and how to change it. Read about how limitation statutes are regularly used against indigenous peoples and how to change that. Read about why legislation is necessary to preserve records from the Independent Assessment Process that will be destroyed without the consent of Indian Residential Schools survivors. Read about why legislation is necessary to stop Canada keeping secrets about its legal advice from indigenous peoples. We owe a fiduciary duty to indigenous peoples! We owe honour of the Crown to indigenous peoples! We owe truth and reconciliation to indigenous peoples! Secret legal advice goes against these principles. Read about the importance of changing our Criminal Code to make it clear that children cannot be assaulted. And many other topics.