The Fallen Feather - Kinetic Video

First Nations people had no choice but to give up their children to the
Government.
Remember, that the Government would create its own rules and then enforce
them without first nations input.
Indian Children could be treated very differently then non First Nations children
and their parents had no power no say and no legal recourse. They were denied
the right to vote. And it was against the law for them to seek legal council. Help
from lawyers was forbidden.
First Nations fell into a legal limbo status were laws would be passed that suited
the needs of the Government, laws that would only apply to Aboriginals.
These laws were combined formally into the Indian Act of 1876. Authority over
Indian life, property, culture and land was placed solely with the Superintendent
of Indian Affairs. These laws were designed to limit the Indians ability to challenge
the government. All public gathering were outlawed. The Potlatch and Sun Dance
ceremonies were banned.
This Special Legal status still goes on today. With unique rules that apply just to
First Nations.
I just want to jump back, you defined wrongful confinement according to Indian
Residential School Resolution, I just question, I’ve read a lot of definitions of
wrongful confinement throughout the legal system and I’m just wondering why
this one is so specific in the way that it was written.
Jannica R Hoskins
I guess I really can’t answerer why this was
drafted the way that it was, we were given
this to work with. But it says that the claimant
was confined alone in a space where both the
space and the duration was inappropriate for
a child of their age.
Hon Ted Hughes, ADR
Would it be safe to say that the definition was
written around what happened within Residential Schools
Jannica R Hoskins
Oh, it was written totally for Residential School situations, this wasn’t, whoever
did the drafting in Indian Residential Schools Resolution Canada, that
department of the federal department, was drafting solely for this process, and
you wont find that definition as far as I know in the criminal law or statues of
Canada.
Hon Ted Hughes, ADR
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