Is it time for Canada to have an Indigenous governor general?
OTTAWA  Canadas deeply fraught relationship with Indigenous people has been laid bare for the world to see. The discovery of the unmarked burial sites of hundreds of Indigenous schoolchildren has done what no inquiry could: it has forced the country to confront its historic indifference and to contemplate what reconciliation really looks like. Some believe that if the federal government were to finally name an Indigenous person as governor general, that might be a step down a long hard road. But at this time in Crown-Indigenous relations, its not clear if it would be, or be seen as, a genuine act of reconciliation or yet another merely symbolic gesture. Its unclear who Prime Minister Justin Trudeau will name to the post, likely in the next week, ahead of Canada Day, in the shadow of more burial findings and in advance of a possible election. A shortlist of candidates, hopefully vetted better than the one that resulted in Julie Payettes appointment, was supposed to have been handed to the prime minister on Thursday. Yet six months after Payette resigned in disgrace, the Liberal government will not confirm it has the list in hand nor what the timeline for the prime ministers decision is. Some think Trudeau might use the moment to select an Indigenous person, after failing to name an Indigenous judge to the Supreme Court of Canada in the past week. Many thoughtful Indigenous leaders and lawyers think its high time he did. Mary Ellen Turpel-Lafond, a former judge, law professor and director of UBCs Indian Residential School History and Dialogue Centre, said the appointment of an Indigenous governor general would be a serious step, a welcome step in my view.  A respected Indigenous leader and knowledge-keeper could hold the attention and respect of Canadians, promoting learning and knowledge of the truth of Indigenous peoples history, values and experiences, she said in written comments to the Star. Turpel-Lafond believes that person could bring comfort to residential school survivors at a difficult time, as we face the period ahead investigating and accounting for unmarked graves and missing children.  And finally, she said, the non-partisan office of the Queens representative in Canada might bring visible symbols of Indigenous peoples culture, languages and territories into the office and do honour to the Crowns duty to protect and respect Indigenous peoples, territories and relationships. John Borrows, Canada Research Chair in Indigenous Law at University of Victoria, is a leading voice on Indigenous law in Canada and often touted by colleagues as someone who should be on the Supreme Court of Canada. In an email to the Star, Borrows made clear he thinks it would not be an empty gesture. I do think it is an educational opportunity, he wrote. A person can be strongly Indigenous and Canadian at the same time. I know this is not how every Indigenous person navigates dual citizenship and I respect this view. At the same time, there are historic, constitutional and creative reasons for considering an Indigenous person as governor general.  Former justice minister and Vancouver-Granville MP Jody Wilson-Raybould said in an interview, I think that Indigenous peoples should have a place at any table.  I think that the person that is put into the role of governor general has to be beyond reproach, has to understand their legal duties, has to speak both official languages, for sure. Absolutely.  Constitutional expert Philippe Lagass, a professor at the Norman Paterson School of International Affairs at Carleton University, says an Indigenous governor general would need to be given the freedom to speak openly about what reconciliation demands and about the true impact of Canadas treatment of Indigenous peoples.  Such a person would need to be given the personal discretion to meet with Indigenous leaders and peoples as they see fit, he said. The governor general is generally expected to stay above the political fray and to avoid contentious issues, Lagass said. What that would mean for an Indigenous governor general  who may feel the need to comment on the genocide committed against Indigenous peoples, or on how we should deal with former prime ministers or national holidays  should be contemplated and addressed, he said..  Lagass is not suggesting an Indigenous governor general would have to respond or speak in a particular way. Thats not my place. Rather, I would simply note that our typical expectations around the apolitical status of the governor general, and the expectation of silence from them on contentious matters, may need to be reconsidered. I dont know how an individual governor general would react, said Lagass. But Im not sure the customs and practices weve cultivated around the silence of the office are compatible with a commitment to reconciliation.  The role of governor general, which was at least temporarily tarnished by the toxic tenure of Payette and her friend Assunta Di Lorenzo, is one of the most symbolic and yet constitutionally entrenched positions in our modern democracy. It has embodied the French and then British Crowns for some 400 years. As representative of the Crown, the governor general stands apart from government, and has a distinct relationship with Indigenous people. The British Crown issued a Royal Proclamation in 1763 that gave rise to treaties and a nation-to-nation relationship that First Nations say was never honoured. It laid the foundation of the inherent Aboriginal rights that Inuit, First Nations and Mtis people say are ignored to this day. These days, the position is largely seen as a ceremonial job, dishing out national awards, accepting diplomats credentials and giving royal assent to legislation. But it comes with real responsibilities: swearing in a cabinet, ensuring any government or governing coalition has the confidence of the House of Commons to enact laws and spend money. Loading... Loading... Loading... Loading... Loading... Loading... The position is also one giant platform, a superstage from which the right individual can give voice to or amplify a nations passion and character. Other countries have chosen Indigenous governors general. New Zealand has just named Cindy Kiro, a woman of Maori descent, as its third one. At the provincial level, Indigenous persons have been named as lieutenant-governors: James Bartleman in Ontario, Ralph Garvin Steinhauer in Alberta, Steven Point in B.C. and now Russ Mirasty in Saskatchewan. At his swearing-in, Mirasty described his four years at residential school and fighting tuberculosis in a sanatorium. However, at the national level, as Canada confronts the reality of the residential school graves, it may be a difficult decision for any Indigenous person asked to serve at the head of an institution so representative of colonialism. Michele Audette, a former commissioner of the inquiry into Missing and Murdered Indigenous Women and Girls, acknowledged the conflict speaking with APTN in February, saying it will be the everyday biggest challenge.  But she hoped an Indigenous person is picked because it would be a chance to advocate for change from within a colonial institution  in the same way she said she approached her role at the federal inquiry. We need those warriors, she said. Others like Assembly of First Nations Chief Perry Bellegarde  who is taking French lessons  and Federation of Sovereign Indigenous First Nations Chief Bobby Cameron have spoken out in favour of a First Nations person being named to the high office. Canadian Bar Association president Brad Regehr, a Winnipeg lawyer who is a member of the Peter Ballantyne Cree Nation, said no doubt any Indigenous person who is approached would probably want to think long and hard about it, on whether they could fulfil that role.  I mean, you are the Queens representative, the highest representative in Canada, he said. Treaties that cover many parts of Canada were never properly recognized. Legally, they are solemn, living agreements that really need to be honoured by the Crown. ... They need to be given the seriousness, and the solemn duty that they were signed with. So I think it would be a challenge for an Indigenous person to do that.  On the other hand, Regehr mused that an Indigenous person might take on the role and say All right, I am the Queens representative. And Im going to take this extremely seriously  and Im going to take it back to that true relationship, which the government might not like.  Quick facts  The process: Since March, an advisory group of four government outsiders led by Intergovernmental Affairs Minister Dominic LeBlanc and acting Privy Council clerk Janice Charette, have considered dozens and dozens of potential names.  LeBlanc, the son of a former governor general Romeo LeBlanc, told CBC Radios The House this month that an extensive and an exhaustive vetting process was undertaken, and a shortlist of up to 10 names would be delivered to Trudeau by June 24. The prime minister asked the group to consider the diversity of the country and to look at potential candidates who represent that diversity, LeBlanc told CBC. I think its fair to say that we were not insensitive to the importance of considering Indigenous candidacies as well.  The pay: According to the Library of Parliament, the 2020 pay rate for the governor general is $302,114 a year. The perks: The governor general has an official residence, staff and a workplace at Rideau Hall on a sprawling forested estate in Ottawa which includes an outdoor skating rink. The neighbours are Prime Minister Justin Trudeau, and his family, who live at Rideau Cottage. A second official residence is at La Citadelle in Quebec City. Former governors general also have access to an expense account when their term is over, usually after five years, and the federal government often provides money to allow them to establish a foundation. Read more about: