Further action needed to address the total Indian education problem

 

The Spirit Wind group of First Nation people has hired lawyer Joan Jack to initiate a class action lawsuit against the federal government to expand the pursuit of justice for the way things have gone for Indian people in the education system, including the seizure of children by foster care programs, private schools, boarding homes, hostels and other institutions that took Indian children out of their homes for education.   The organization known as Spirit Wind (www.spirit-wind.ca) was formed around that name in 2003, "when the name was given to us by an Elder," explained Ray Mason, Chairman of the organization, an Ojibwe-Cree who lives at Peguis First Nation, Manitoba. The Spirit Wind organization is in actuality called, Manito Nodin/Spirit Wind Survivors Inc., and they are a grass roots non-profit organization "to represent and unite survivors" of the notably terrible Indian 'education' system in Canada.   "Once the government is responsible directly or indrectly with the abuse inflicted on our people," under the guise of educaton, said Mason, "they are involved in this legal action. We are going back as far as the system went; there is no limitation. We are dealing with a system of Residential Schools and other instruments like Indian Day Schools going back to the 1930s."   Further addressing the scope of the class action, "When we say Canadian government, it could be any level of government, including provincial or territorial governments." Any institute or department of a government could include Child and Family Services agencies that stick a lot of children in private homes, which implicates the government because "by way of paying or sponsoring a child to stay there that home becomes an institute."   Ray Mason said the Spirit Wind organization has retained Joan Jack, barrister and solictor from Berens River, Manitoba, a First Nation community. The bottom line is anybody who doesn't fall under the present Residential School Settlement ($4 bil. paid out to 80-plus thousand complainants) can fall under this class action for the systemic denial of culture and other fundamental human rights or criminal abuses throughout the guardianship and education system.   Ray intends that each case will be heard separately because each case or claim could be different from others. "We will proceed case by case. Generally the door will be open for anybody who went under the government's control and experienced abusive treatment," and the numbers are staggering. Spirit Wind supported the Baxter class action out of Ontario because, "it would open the door to attack all sorts of abuses." Ray noted, "There are approximately 525 schools waiting to be evaluated  and these were called Day Schools.   One example of the nature of this struggle for justice was announced in November 2007 by Jennifer Wood, Residential School Coordinator, Assembly of Manitoba Chiefs, "To All Former Students of the Frontier Collegiate Institute in Cranberry Portage and the Teulon Residence: Please note that, as of November 20, 2007, the Teulon Residence and Cranberry Portage institutions have NOT been recognized by the Federal government as residential schools."   Jennifer continued "The Assembly of Manitoba Chiefs is actively advocating for Teulon and Cranberry Portage to be recognized. The AMC has established a Recognized Schools Working Group with representatives from MKIO, Spirit Wind Survivors Group, several Manitoba First Nations, and legal advisors."   "There are 524 more of these that could come under our class action," said Mason. "We are proceeding in class action and will Statement of Claim in Manitoba Court as soon as possible. We need help financial support from everybody across Canada. We need donations to spirit-wind.ca to get the class action moving." All proceeds will go to the legal action. "There is a place on our website to go make donations and we reply to every donation with  acknowledgments and receipts."   Regarding the Truth and Reconciliation Commission, "It is something that needs to be done. I am secretary treasurer for National Indian Residential School Society, and I have done a lot of work on the compensation file. The TRC is going too fast and shoving it down our throat. A lot of outstanding problems are being ignored. The biggest ones are loss of records and shortchanging on compensation. As an example I use my own experience. I got 7 years compensation," the awards are generated from a formula involving number of years attended. "Meanwhile I was there for 11 years."   He noted that "a lot of disgruntled people are sitting in round table discussions at churches. We knew the problem was going to result from survivors being pushed to go too fast. The haste made it certain the process was going to run into difficulties. I told our national leader in July 2007, warned Phil Fontaine not to go too fast on the agreement."   As far as the Spirit Wind class action is concerned, therefore, it aims to continue the TRC process in a more complete way because the way Spirit Wind sees it the current process is far from complete. The problem grew out of system that was long, drawn out, and complex. Therefore, there is "still unfinished business and the way to get to it is to slow it down a bit."   Mason suggested they suspend further developments until they settle the issue of lost records. "They had the records, not us. They want us to remember the details that surround these issues, even just to complete the application for compensation. Then there is the appeals process. Fontaine said we could be getting through those quickly but I don't see it happening."   The class action could become far reaching because Spirit Wood is monitoring the process of validation that Jennifer Wood described as it occurs in the IRSSS agreement. It sounds like the process has loopholes. For further clarification reach Ray Mason by email rmfors@mts.net or by telephone 1-204-645-2665