An interview with Justice Murray Sinclair

Wayne K. Spear in conversation with Justice Murray Sinclair | August 1, 2015
Murray Sinclair
Photo by Fred Cattroll

The reality is that until we have fundamental change about the way we see things and think about things, there’s not going to be effective change

WKS: The Truth and Reconciliation Commission of Canada released an Executive Summary this June, and in December you’ll be releasing the full TRC report. What can we expect from that?

JMS: Many people are still looking for the basis for why we said what we said. The full report will reveal all of that. We have to produce that report in French and English, so that takes time.

WKS: At the final TRC event in Ottawa, the media seized on the phrase “cultural genocide.” Do you think this was a good place to start the conversation about the meaning of residential schools and reconciliation? Or would you have preferred the focus to have been elsewhere?

JMS: I was quite fine with it. We knew when we were writing the report that it was going to be the big question. It’s not only important to Survivors, but I think Canada and the political leadership of the country needed to know what we were going to say about it. It’s an important part of the foundation for the conversation going forward. It puts all of this experience into a proper perspective. This was not simply nice people who made a mistake. This was a truly unacceptable intention to wipe out Aboriginal people through the elimination of their cultures.

WKS: During the TRC you had occasion to comment on murdered and missing indigenous women in Canada. Your comments made me think of the death of Helen Betty Osborne and your work with the Aboriginal Justice Inquiry of Manitoba. It seems that little has changed. Looking back over you long career, do you feel there’s been much positive progress?

JMS: I’ve always maintained that the kind of change we need—the change I’ve been talking about since the AJI [Aboriginal Justice Inquiry] days, which is really systemic change—is going to take a long time to achieve. It’s going to take several generations before we can realistically say that we are on our way to a decent end. Changing systems requires changing the way people believe about the law, they way they believe about their political systems, the way they believe about their institutions, and the way they believe about how they’ve been educated themselves. Those challenges are hard for people to come to terms with.

I think we expect that there will be some conscious, and unconscious push-back even, on the part of the people who are going to wonder if there’s not a different way of doing it. The reality is that until we have fundamental change about the way we see things and think about things, there’s not going to be effective change.

WKS: How do we even have a conversation about systemic change when we are on the margins—of the media, of the institutions which will necessarily provide a space for conversations to happen? Aboriginal people have to be invited into these spaces, at someone’s good grace. It sounds to me like we may need to envision and create new institutions, new spaces to host the discussion about the change we need.

JMS: If we start thinking about things that way, we will immediately reject any solutions, because the idea of building from scratch is too overwhelming for most people. But what we’ve said in our report is that you can take what we now have, and you can build on that. This came out of the past. This will soon be our past. We need to figure out how do we take what we now have and change it enough that we can be assured that, in the future, we will have a better relationship, starting with a vision of what the future is going to look like. We have to ask ourselves “Is what we are doing each step of the way going to get us to that vision?” It’s feasible. Highly possible.

WKS: Thank-you, Justice Sinclair.

JMS: Thank-you.

External links: TRC | Murray Sinclair Biography | Settlement Agreement

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