On June 11, 2008, Conservative Prime Minister Stephen Harper apologized on behalf of Canada, for the many abuses Indigenous children suffered in residential schools.
On June 3, 2019, Liberal Prime Minister Justin Trudeau accepted the findings of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which found Canada guilty of historic and ongoing genocide against Indigenous peoples, and particularly against Indigenous women and girls.
Last year, Pope Francis travelled to Canada to finally issue an apology to Indigenous peoples for the Catholic Church’s role in residential schools and then again in 2023 he officially repudiated the doctrine of discovery.
Reconciliation appears to be in full swing, except for the deafening silence from Queen Elizabeth II. With the coronation of King Charles III coming up, one has to wonder if the Royal Family will embrace reconciliation and offer a meaningful apology?
All this begs the question – should they apologize? To answer that question, it is important to remember that British officials had a major role to play in the violent colonization of what would later become Canada and engaged in wars to protect the lands and resources for their exploitation.
This so-called right of discovery was empowered by several papal bulls, or decrees, that authorized Christian nations to claim any non-Christian lands it “discovered,” later interpreted by American courts as a legal “doctrine of discovery.”
While there were a number of pre-confederation treaties signed between the Crown and Indigenous Nations, colonial officials acting on authority of the Crown, engaged in genocidal acts such as scalping bounties, starvation policies, and trapping “Indians” on reserves.
'VAST WEALTH ACCUMULATED BY THE CROWN'
The Crown was the authority at that time and retained varying degrees of control and benefit for several hundred years thereafter. In fact, the vast wealth accumulated by the Crown was based on the theft of Indigenous lands and resources in all its colonies.
This massive theft was never authorized in any of the pre-Confederation treaties signed between Indigenous Nations and the Crown.
A United Nations study on treaties and agreements with Indigenous peoples found that European nations knew that by entering into treaties they were making an agreement with sovereign nations. It further concluded that an unbiased court would not hold up the alleged land surrenders, given the lack of informed consent.
In fact, the Dominion of Canada was not officially created until July 1, 1867 with the passage of the British North America Act, and the Queen (and Kings and Queens before her) was considered the head of state for Canada and leader of the Church of England.
Even so, it’s important to remember that Canada was only granted independence from the British Parliament on April 17, 1982.
That means the Crown still had a significant amount of control over “its” colony for another 115 years.
Although Canada attempted to carve out its independence much earlier, by creating the Supreme Court of Canada in 1875, appeals could still be heard at the Judicial Committee of the Privy Council until 1949. That is not to say that Canada is absolved of responsibility for its genocidal laws, policies, and practices, instead it shares that responsibility with the Crown. In other words, they are jointly culpable.
Indigenous Nations and the Crown entered into pre-Confederation treaties that contained provisions for the Crown-Indigenous relationship to continue into perpetuity, which included protection, support and other rights for their heirs and the heirs of their heirs forever.
Contrary to modern-day contract law where the length of a contract is specifically noted, in pre-Confederation treaties, there were no legal provisions by which either party could unilaterally end the treaty.
So, despite Britain granting Canada independence in 1982 under the assumption that treaty rights would respected, neither party fully recognized or respected Indigenous rights, which would kickstart decades of litigation against Indigenous peoples exercising those rights.
Yet, the issue of Indigenous-Crown relations was never truly resolved. It’s true that, in relation to these treaties between the Crown and Indigenous Nations, Lord Denning of the English Court stated that Canada’s Parliament should not “do anything to lessen the worth of these guarantees. They should be honoured by the Crown in respect of Canada.”
However, even Canada’s highest court, the Supreme Court of Canada, has acknowledged that treaty rights have been honoured more in the breach than in the observance.
'REPARATIONS ARE CLEARLY DUE'
So, treaties are unfinished business both in terms of the unilateral decisions made and the failure to uphold them. Reparations are clearly due.
Canada is on its path to reconciliation. It made an apology, authorized the Truth and Reconciliation Commission to conduct an inquiry into the abuses at residential schools and made a settlement agreement to provide some level of compensation.
Canada also authorized the National Inquiry into Missing and Murdered Indigenous Women and Girls, accepted their findings and committed to an action plan to implement them – though apparently at a snail’s pace. It is hoped that there will be an apology and compensation for these women as well.
Even the Pope came to Canada and apologized, though the Vatican has not yet outlined their reconciliation plan or when and if reparations will be included.
It looks doubtful given their failure to even pay the amounts agreed to in the settlement agreement, but we will see. So, what about the new King? Will he start a new period for the Royal Family by apologizing for genocide committed against Indigenous peoples and provide reparations? In the words of the Magic 8 Ball – outlook not so good.
It's not just Indigenous peoples here in Canada that have called for an apology and reparations. Barbados removed Queen Elizabeth II as head of state and became a republic two years ago. In 2022, Jamaica signalled its intention to become a republic by 2025.
After the Queen’s death, Caribbean islands have renewed their calls for reparations, especially in regards to slavery.
Other countries like the former British colony of India (undivided) want reparations for the drain of wealth from their country – to the tune of US$45 trillion.
Whether genocide, war, slavery, or theft of lands and resources or the vast wealth stolen by Britain in the name of Kings and Queens, it is long past time for reconciliation, apologies, and financial reparations.
The coronation ceremony for the new King will be held soon, in what could be an important opportunity to show some humility and speak to reconciliation moving forward.
Pamela Palmater is a Mi’kmaw lawyer specializing in Indigenous and human rights law. She is the chair in Indigenous governance at Toronto Metropolitan University.
