- Unsettling the Lawyers: Other Forms of Justice in Indigenous Claims of Expropriation, Abuse, and Injustice by Carrie Menkel-Meadow, University of Toronto Law Journal, Vol. 64, pp. 620-639, 2014. Also at UC Irvine School of Law Research Paper No. 2014-47. Considers the limitations, from the experience of the Indian Residential Schools Settlement, of the current formal justice system. Looking at the of lawsuits, settlement negotiations, structured compensation schemes, truth and reconciliation processes, and memorial and education programs now provided for in the IRSS, the article suggests that we may need ‘process pluralism’ and different orientations to deal with modern mass harms (like loss of culture, family, language, as well as physical, mental, and social injury) that the system has not yet developed the capacity to address. Whether called ‘restorative,’ ‘transitional,’ or ‘alternative’ justice, they require redesigning legal processes, education, and orientation to human injuries and ‘redress.’ Our system must be adapted to the needs of those who are injured, especially when inflicted by major governmental, religious, and civil society institutions.
- Dealing with the Legacy of Native Residential School Abuse in Canada: Litigation by Jennifer J. Llewellyn, ADR, and Restorative Justice, 52 U. Toronto L.J. 253, 267 (2002) Includes a short history of Native residential schools in Canada and an overview of the current legal crisis over the abuse in these institutions. Surveys the advantages and disadvantages of the litigation process for residential school victims to understand alternatives to this process. Invites dialogue about how a restorative approach might offer a better alternative to litigation and settlement processes. (Abstract and available for purchase from the University of Toronto Press.)
- Mapping The Healing Journey: The final report of a First Nation Research Project on Healing in Canadian Aboriginal Communities. Solicitor General Canada and the Aboriginal Healing Foundation. APC 21 CA. 2002. “While it is clear to anyone working in or with Aboriginal communities that there is a great deal of innovative work going on related to individual and societal healing, there are few comprehensive attempts to map out the full range of concepts, of experience and of practical work which are a necessary part of that process. “
Note: These links are provided for information and do not necessarily represent the views of the National Native American Boarding School Healing Coalition.