Correcting past wrongs: when is it the government's responsibility?

• Author: Moorcroft, Lois M.

by Hon. Lois M. Moorcroft, MLA

Lois M. Moorcroft is the Member for Mount Lorne in the Yukon Legislative Assembly and a member of the New Democrat Caucus. She is also Minister of Justice, Minister of Education and Minister Responsible for the Women's Directorate. This is an edited version of a presentation to the 37th Canadian Regional Conference in Toronto in July 1998.

There is no question that past government actions have caused harm to people. This article looks at some of the principles we need to consider in trying to correct the wrongs. Among other things it argues for open and accountable government. We also need to constantly ask if our response meets the standards of our Charter of Rights and Freedoms, which we accept as the basic framework of Canadian democracy? Where the damage still exists, how does the corrective action deal with that damage? The author concludes that we can only increase public confidence when we can ensure that the public has a voice in how the system changes.

This question goes to the heart of governments' responsibilities to control and direct the making and administration of public policy that affects all members of society. In recent years many individuals and groups have sought redress for social wrongs or physical harm that took place long ago. The obvious answer is that it's governments' responsibility when governments make official decisions that seriously wrong segments of society. The topic raises many other questions that must be considered.

We live in a modern democratic state. People's rights are protected by the Canadian Constitution with its Charter of Rights and Freedoms. The framework of principles that guides our parliamentary democracy includes respect for human life, protection of the vulnerable and a balance of individual and collective rights. We believe in justice, the heart of the justice system being the rule of law, that the same law applies to each and every one of us regardless of rank or privilege. Justice deals with fairness, equity and equality.

What should happen then when a wrong took place long ago at a time when the decision seemed reasonable according to the knowledge available at that time? The degree of government responsibility could be considered in relation to the level of government control. Was there a choice for people to participate in the policy or program? Was the power of the state being used to control citizens? If children were involved, did their parents willingly or knowingly consent? Did they have other options? To what degree do these past government actions stand in the...