My Canada includes rights of Indigenous Peoples.
Love it or leave it! Peace.

Monday, November 17, 2008

Opinion: The TRC is a hoax A Critique of the Indian Residential Schools Truth and Reconciliation Commission

The Indian Residential Schools Truth and Reconciliation Commission is a hoax contrived by the legal establishment to evade culpability for its ongoing culling of that part of the indigenous race which relies upon constitutional and international law to protect its human rights. Another part embraced the federal legislation and recently-invented judge-made law under the auspices of which the Indian territories genocidally were invaded, beginning with the 1876 Indian Act. The modus operandi of the legal establishment and its collaborating Indian accomplices is the suppression of the constitutional and international law that the establishment intentionally is breaking.1

“A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government, in the hope of resolving conflict left over from the past.”2 The crucial phrase is “wrongdoing by a government.” A “wrongdoing” consists in “wrongful conduct, misconduct, actus reus.”3Actus reus” is “the Latin term for the ‘guilty act’ which, when proved beyond a reasonable doubt in combination with the mens rea, ‘guilty mind,’ produces criminal liability…”4 It is specifically crimes or lesser wrongdoings “by a government” that such commissions, if genuine, exist to expose as the precondition to reconciliation based upon truth.

Article 2 of the contract creating the Residential Schools Commission stipulates, “Pursuant to the Court-approved final settlement agreement and the class action judgment, the Commissioners:… (f) shall perform their duties…without making any finding or expressing any conclusion or recommendation, regarding the misconduct of any person, unless such finding or recommendation has already been established through legal proceedings…Further, the Commission shall not make any reference in any of its activities or in its report or recommendations to the possible civil or criminal liability of any person or organization, unless such findings or information about the individual or institution has already been established through legal proceedings.”5

In consequence of these limitations, the commission can not expose wrongdoings of the government. This is not only an expensive fraud upon the public but a cruel imposition upon the victims, who are encouraged to air their innermost suffering in the mistaken belief that it will lead to closure. The commission itself recognizes its task is only, “to document the truth of survivors, their families, communities and anyone who has been personally affected by the Indian Residential Schools (IRS) legacy.” The commission will look at symptoms but neither the cause nor the liability of the causer. It can not and will not investigate crimes by the government.

The lead federal negotiator of the settlement contract was Frank Iacobucci6 of the Tory Law Firm7 that specializes in serving blue chip corporate clients whose business interest diametrically is opposed to the truth concerning the genocidally unconstitutional invasion of the Indian territories for commercial purposes. Iacobucci “was appointed Deputy Minister of Justice and Deputy Attorney General of Canada. In September 1988 he was appointed Chief Justice of the Federal Court of Canada. He was appointed a Judge of the Supreme Court of Canada on January 7, 1991.”8 He joined the Tory Firm in 2004 after he had retired from the Supreme Court. In all of these capacities he committed and is committing genocide willfully by blindsiding and suppressing constitutional and international law.

The contracting9 parties are Canada's federal government, its collaborating Assembly of First Nations, churches that operated the schools as federal government agents, and those particular victims of the impugned school system as are represented by lawyers in a set of class actions in courts across Canada. The judges in those cases gave judgment accepting the contract in settlement of the actions, and stipulating in its Schedule n for the creation and the jurisdiction of the commission.10 Then the federal public service civil list was amended11 to add the commission and its entourage of lawyers, researchers and consultants to the federal payroll.

The more it changes the more it stays the same.

No comments:

Post a Comment

My Canada includes rights of Indigenous Peoples.

Two Row Wampum Treaty

Two Row Wampum Treaty
"It is said that, each nation shall stay in their own vessels, and travel the river side by side. Further, it is said, that neither nation will try to steer the vessel of the other." This is a treaty among Indigenous Nations, and with Canada. This is the true nature of our relationships with Indigenous Nations of 'Kanata'.