Locating a Theoretical Framework for the Canadian Truth and Reconciliation Commission: Charles Taylor or Nancy Fraser?

Abstract

The Truth and Reconciliation Commission (TRC) of Canada was established to uncover and acknowledge the injustices that took place in Indian residential schools and, in doing so, to pave the way to reconciliation. However, the TRC does not define reconciliation or how we would know it when (and if) we get there, thus stirring a debate about what it could mean. This article examines two theories that may potentially be relevant to the TRC's work: Charles Taylor's theory of recognition and Nancy Fraser's tripartite theory of justice. The goal is to discover what each theory contributes to our understanding of the harms that Indigenous peoples suffered in residential schools, as well as in the broader colonial project, and how to address these harms appropriately.

Taken lives matter: open justice and recognition in inquests into deaths at the hands of the state

“…A number of writers have used recognition theory as a normative basis for transitional justice strategies embodied in truth commissions (Haldemann, 2008; Petoukhov, 2012; Kiss, 2000; De Toit, 2000; Allen, 1999; Stanley, 2009; Taylor, 1994). The situations that exist in transitioning societies are very different to the circumstances that are the focus of this paper, and truth commissions are very different processes to inquests 37 .…”

“…An analogy may be drawn between the importance of such a project for inquests, and Konstantin Petoukhov's explanation of the importance of providing a normative framework for the aims of truth commissions: ‘A theory of justice may help to strengthen truth commissions’ mandates by clearly conceptualising their goals and objectives in concrete terms … and identifying the potential strategies to attain them.’ (Petoukhov, 2012, p. 13)…”

“…‘A theory of justice may help to strengthen truth commissions’ mandates by clearly conceptualising their goals and objectives in concrete terms … and identifying the potential strategies to attain them.’ (Petoukhov, 2012, p. 13)…”