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66 Sask. L. Rev. 357 (2003)
Troubled Legacy: A History of Native Residential Schools

handle is hein.journals/sasklr66 and id is 359 raw text is: A SASKATCHEWAN
LAW REVIEW
Troubled Legacy: A History of Native
Residential Schools*
J.R. Miller**
Between the seventeenth and late twentieth centuries, Canada was the site of an
experiment in Aboriginal social engineering known as residential schools. These
institutions were begun in colonial times by a variety of Christian groups, and
after Confederation the missionary bodies operated them on behalf of the
Government of Canada. Because the schools were unsuccessful and provoked
parental and community opposition, the federal government phased them out
after 1969.
Although Native residential schools never housed more than a minority of
status Indian, Inuit, or M9tis children, they had a profound impact on Native
societies. Inadequate government financing from the inception of modern
residential schools in 1883 contributed to inadequate pedagogy, insufficient
child care, and various forms of abuse. The consequence of these deficiencies
was that Native communities, which usually supported access to Euro-Canadian
schools for their children, generally turned against the institutions.
Native residential schools have bequeathed Canada a legacy of social
problems and litigation.
Residential school abuse and abuse litigation have been in the news
so much lately that Canadians tend to think of these institutions as
a relatively recent phenomenon in the Canadian national story. In
October 2002, a Court of Queen's Bench Justice in Alberta handed
down a ruling on the division of liability between the Anglican
Church and the Government of Canada, the most recent incident in
an ongoing point of dispute in the depressing saga of residential
schools and their legacy.1 In spite of the immediacy of the issue in
This article was originally presented as the 2002 Culliton Lecture at the College of
Law, University of Saskatchewan. It is based on J.R. Miller, Shingwauk's Vision: A
History of Native Residential Schools (Toronto: University of Toronto Press, 1996),
where documentation can be found.
F.R.S.C., Canada Research Chair and Professor of History, University of
Saskatchewan.
Re Residential Indian Schools (2002), 222 D.L.R. (4th) 124, [20021 A.J. No. 1265,
2002 ABQB 667 (Alta. Q.B.). McMahon J. found the Anglicans' national body, the
General Synod, had played no role in operating the schools and that it could not
be sued for abuse that occurred in schools under Anglican management. See Carol

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