The author of Troubling the Path to Decolonization: Indian Residential School Case Law, Genocide, and Settler Illegitimacy, Leslie Thielen- Wilson argues that the brutal incidents that took place inside Indian Residential …show more content…
The first that she brings up is Haida Nation v. Canada (Wilson, 5). She does not go too in depth with this case but rather, uses it to help prove that settlers used forms of violation to gain control over Indigenous people. Wilson’s second and third argument focus on two specific cases, Blackwater v. Plint and Baxter v. Canada. Wilson uses the case of Baxter to show that once it was settle Canada was able to move forward freely or as the author says it “business as usual” (Wilson, 16). These “business” include land claims and limiting forms of Indigenous sovereignty. Wilson uses the case of Blackwater v. Plint to show that it was the start of all the plaintiffs who brought civil cases against Canada and the United Church. The civil cases consisted of three phases which were all heard by Justice Donald Brenner (Wilson, …show more content…
He was a supervisor at Alberni Indian Residential School. Plint confessed to sixteen counts of indecent assault and he was sentenced to twelve years in prison. After Plint was convicted, other plaintiffs claimed that other AIRS workers had sexually and physically abused them (Wilson, 9). However, Brenner questions the credibility of the plaintiffs. This results in the dismissal of finding Canada or the Church responsible since, it was unlikely that they would be intentionally disloyal (Wilson, 15). The Baxter case represented over 80,000 aboriginal people that took action against the government. The 2003 Baxter application suggest that the Crown had breached Aboriginal treaty rights and human rights by failing in the operation, management and supervision of IRS (Wilson, 16). In 2007, nine justices brought Baxter to a close by approving the Indian Residential Schools Settlement Agreement (IRSSA). The IRSSA recognized the damages caused by the IRS and rewarded $2 billion to all former IRS students. Wilson suggests that the defence strategy used in Blackwater likely contributed to the settlement of Baxter v. Canada (Wilson,