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Honouring the Truth Reconciling for the Future

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The history • 65The Roman Catholic school in Fort George, Quebec, opened in 1931. Deschâtelets Archives.If a child placed in <strong>the</strong> school under <strong>the</strong>se regulations left a residential schoolwithout permission, or did not return at a promised time, school officials could get awarrant from an Indian agent or a justice of <strong>the</strong> peace authorizing <strong>the</strong>m (or a policeofficer, truant officer, or employee of <strong>the</strong> school or Indian Affairs) to “search <strong>for</strong> andtake such child back to <strong>the</strong> school in which it had been previously placed.” With a warrant,one could enter—by <strong>for</strong>ce if need be—any house, building, or place named in <strong>the</strong>warrant and remove <strong>the</strong> child. Even without a warrant, Indian Affairs employees andconstables had <strong>the</strong> authority to arrest a student in <strong>the</strong> act of escaping from a residentialschool and return <strong>the</strong> child to <strong>the</strong> school. 130It was departmental policy that no child could be discharged without departmentalapproval—even if <strong>the</strong> parents had enrolled <strong>the</strong> child voluntarily. The governmenthad no legislative basis <strong>for</strong> this policy. Instead, it relied on <strong>the</strong> admission <strong>for</strong>m thatparents were supposed to sign. (In some cases, school staff members signed <strong>the</strong>se<strong>for</strong>ms.) 131 By 1892, <strong>the</strong> department required that all parents sign an admission <strong>for</strong>mwhen <strong>the</strong>y enrolled <strong>the</strong>ir children in a residential school. In signing <strong>the</strong> <strong>for</strong>m, parentsgave <strong>the</strong>ir consent that “<strong>the</strong> Principal or head teacher of <strong>the</strong> Institution <strong>for</strong> <strong>the</strong> timebeing shall be <strong>the</strong> guardian” of <strong>the</strong> child. In that year, <strong>the</strong> Department of Justice providedIndian Affairs with a legal opinion to <strong>the</strong> effect that “<strong>the</strong> fact of a parent havingsigned such an application is not sufficient to warrant <strong>the</strong> <strong>for</strong>cible arrest against <strong>the</strong>parents’ will of a truant child who has been admitted to an Industrial School pursuantto <strong>the</strong> application.” It was held that, without legislative authority, no <strong>for</strong>m couldprovide school administrators with <strong>the</strong> power of arrest. 132 Despite this warning, well

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