Wed Jul 30,
By Colin Perkel, The Canadian Press
TORONTO - The head of a commission set up to help exorcise the demons that haunt the aboriginal survivors of Canada's residential school system is warning that federal government control over spending and administration could threaten the integrity of his mandate.
In an interview, Justice Harry LaForme said political or bureaucratic interference could compromise his fledgling Truth and Reconciliation Commission and the concerns are delaying its startup.
The Ontario Court of Appeal justice said the panel cannot allow itself to be "shackled" by bureaucratic requirements, and that the commissioners, not government, must be able to decide how to spend their $58-million budget.
"It's an issue that's very important," LaForme told The Canadian Press.
"If we've got to answer for the mandate, then we've got to have control of the mandate."
LaForme said it came as "a surprise" to discover the feds had created a secretariat as a government department staffed by civil servants reporting to the minister of Indian Affairs, instead of allowing the commission to set up its own office.
The government is also insisting it appoint the secretariat's executive director as part of its desire to ensure financial accountability.
"There is the potential for this friction with our independence," LaForme said.
LaForme called it imperative the panel, set up June 1 as part of a $1.9-billion class-action settlement, not be seen as an arm of government. He noted that part of its five-year task is to encourage former students and others affected by the tragic legacy to share their experiences in a culturally appropriate and safe manner.
Gina Wilson, an assistant deputy minister with Indian and Northern Affairs, said Tuesday the minister remained ultimately responsible for the commission's publicly funded budget.
She also said "it would not happen" that the government would appoint someone to head the secretariat over objections from the commissioners.
"The last thing the government would want to do is interfere with the (commission's) independence,"
"It's very clear that (it) is an independent, arm's-length stand-alone entity."
Bill Erasmus, national chief for the Dene Nation, agreed the commission must be independent given
"I'm actually pleased that Harry LaForme is making it clear that his intentions are to be independent and he wants to ensure that happens," Erasmus said from Yellowknife.
"The federal government - especially this government - is accustomed to having their way; they approach things in a particular way and many times want to control the outcome."
The commission - loosely modelled after its South African namesake - is part of a settlement of a lawsuit over the government-funded residential school system that only finally shut down a bare dozen years ago.
Over 125 years ending in 1996, about 150,000 aboriginal children were sent to about 130 residential schools, where many were abused physically, sexually and emotionally. Some killed themselves.
About 80,000 former students are still alive.
LaForme also fretted the department set up for the secretariat is "expensive" to run.
"We have to make sure that our $58-million budget isn't eaten up and virtually clawed back by the government of Canada," he said.
Wilson said the government was doing its best to alleviate LaForme's concerns and expressed optimism they were making progress.