Resignation Paralyzes Residential Schools Commission, by Tamara King, Globe and Mail, October 20, 2008

Resignation Paralyzes Residential Schools Commission

By Tamara King
Globe and Mail
October 20, 2008

http://www.theglobeandmail.com/servlet/story/RTGAM.20081020.wresidential1020/BNStory/National/home

TORONTO — Harry LaForme, chair of the Indian residential schools truth-and-reconciliation commission, abruptly resigned Monday, throwing the truth-gathering process into disarray and presenting a political obstacle for the newly re-elected Conservative government.

Mr. Justice LaForme said he was unable to continue because an "incurable problem" doomed the commission to failure. In a letter of resignation to Indian Affairs Minister Chuck Strahl, he said his two fellow commissioners didn't agree with him on the commission's purpose, and wouldn't defer to his authority.

The commissioners, Jane Brewin-Morley and Claudette Dumont-Smith, openly and repeatedly challenged his judgment and were determined to outvote him on every issue, Judge LaForme said.

Justice Harry LaForme, chair of the Indian Residential Schools Truth and Reconciliation Commission, waves after being recognized by the Speaker in the House of Commons on Parliament Hill in Ottawa April 28, 2008.
Photo by Chris Wattie

"The reason is that they and their supporters see the TRC as primarily a truth commission. Unlike mine, theirs is a view that leaves much of the work of reconciliation for another day," Judge LaForme said. "The two commissioners have come to show disrespect for me – personally and as Chair. They have compromised commission independence. By their conduct, they have contributed to an atmosphere that has even adversely affected my health. But most fundamentally, in the end they have lost my confidence and, I feel, betrayed my trust. There is now no going back."

Ted Yeomans, spokesman for Mr. Strahl, said the minister was disappointed to learn of Judge LaForme's resignation. He said the minister will have to await direction from the courts before he can select a new chair, because the judge's appointment was part of a court-ordered settlement.

"Unfortunately, a court-appointed mediator was not able to reconcile differences between the chair and the two commissioners," Mr. Yeomans said. "The courts will now review Justice LaForme's decision."

The minister will have to consult on any new appointment with all the stakeholders in the residential-schools process, which could take weeks and further delay it. The commission is supposed to deliver a report on its historical findings and recommendations by June, 2010.

Phil Fontaine, National Chief of the Assembly of First Nations, said finding a replacement is urgent.

"We can't afford to delay the process any longer," Mr. Fontaine said. "The average of a residential schools survivor is 65. They're dying at a rate of four a day.

"This process belongs to the survivors and they're entitled to have a functioning truth commission work for them to have a safe and culturally appropriate place for them to tell their stories and write the missing chapter in Canadian history."

He added that the residential schools settlement agreement said nothing about a hierarchy of commissioners.

Judge LaForme, the first native judge to sit on Ontario's Court of Appeal, did not speak publicly Monday.

"He's quite upset. It's quite an emotional thing for him," spokesman Peter Rehak said.

The truth-and-reconciliation commission, the first of its kind in Canada, was set to begin gathering the stories of Canada's 80,000 residential-schools survivors in the next few weeks. In an interview with The Globe and Mail 10 days ago, Judge LaForme acknowledged some conflicts with Ms. Brewin Morley, a lawyer, and Ms. Dumont-Smith, a health-care worker, but he was optimistic and gave no indication the problems couldn't be reconciled.

"There is, I think, a different notion of how the responsibility flows out. Whether you would call that conflict or disagreement or issues that need to be resolved I suppose, you'll have to pick," Judge LaForme said. "So far, it seems to be working."

Ms. Dumont-Smith said Monday she was shocked and saddened by Judge LaForme's resignation. She said the commission had met fewer than six times since it was formed in June, the last time was on Aug. 26, when Judge LaForme cancelled a future meeting, and that she thought she had a good working relationship with Judge LaForme. She denied that she saw the commission's primary responsibility as truth-gathering, saying reconciliation is equally important.

The last time she saw Judge LaForme was with a court-appointed mediator, former associate deputy minister of justice Will McDowell, on Sept. 30. She said she thought the two-hour session went well, and that discussions never turned to the issues of authority or direction raised in Judge LaForme's resignation letter.

Ms. Brewin-Morley was travelling Monday and couldn't be reached for comment.