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近4万份寄宿学校记录将被销毁。并非所有幸存者都认为应该这样做Almost 40K residential school records will be destroyed. Not all survivors think they should be

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杰拉尔丁·辛古斯(Geraldine Shingoose)表示,她在讲述自己于寄宿学校遭受虐待的经历时,突发了心脏病。

Geraldine Shingoose says she suffered a heart attack while testifying about the abuse she experienced at residential school.

这位索托族(Saulteaux)长者曾于1962年至1971年间就读于萨斯喀彻温省的马斯科威坎印第安寄宿学校(Muskowekwan Indian Residential School)。然而,直到多年后,作为《印第安寄宿学校和解协议》中“独立评估程序”(IAP)的一部分进行作证时,她才首次披露了自己在校期间所受伤害的严重程度。

The Saulteaux Elder attended the Muskowekwan Indian Residential School in Saskatchewan from 1962 to 1971. But it wasn’t until many years later, testifying in the Independent Assessment Process (IAP) as part of the Indian Residential School Settlement Agreement, that she first disclosed the extent of what had happened to her at the school.

“我以前从未向人提起过。当我讲述出来时,对我来说非常痛苦,”她说。“这在生理上对我造成了影响。”多年后,辛古斯得知这些证词可能会消失。加拿大最高法院于2017年裁定,除非幸存者个人要求保留其记录,否则通过IAP收集的近3.8万份寄宿学校证词记录将于2027年被销毁。

“I'd never shared it before. And when I shared it, it was really hard on me,” she said. "It impacted me physically." Years later, Shingoose learned that testimony could disappear. The Supreme Court of Canada ruled in 2017 that the almost 38,000 records of residential school testimony collected through the IAP will be destroyed in 2027, unless individual survivors request their own records be preserved.

最高法院在一致裁决中表示,收集这些用于独立赔偿评估的陈述旨在成为一个“保密且私人的程序”,且“索赔人和被指控的加害者都依赖于保密承诺”。一些幸存者和参与IAP的人士同意销毁这些记录,因为作证的幸存者曾被承诺保密。而另一些人则认为,这些记录是加拿大历史的重要组成部分,并担心幸存者没有被充分告知销毁事宜。这一消息令辛古斯感到震惊。

In a unanimous decision, the top court said the collection of accounts for independent compensation assessment was meant to be a "confidential and private process" and that "claimants and alleged perpetrators relied on the confidentiality assurance." Some survivors and people involved in the IAP agree that the records should be destroyed, as the survivors who testified were promised confidentiality. Others feel the records are an important part of Canadian history and worry survivors haven't been properly informed about the destruction. The news came as a shock for Shingoose.

“我当时想,那是我的故事,”她说。“感觉就像是,他们要抹去我的真相。”“就像我的故事毫无意义一样”:辛古斯的IAP记录中包含了幸存者关于性虐待、身体虐待和情感虐待的证词,以及笔录、医疗信息和其他文件。

“I was thinking, that’s my story," she said. "It was like, they’re getting rid of my truth." 'Like my story doesn’t mean anything': Shingoose IAP records contain survivor testimony about sexual, physical and emotional abuse, along with transcripts, medical information and other documents.

Shingoose表示,在独立评估程序(IAP)听证会上作证的过程是一种创伤。她说,幸存者们以生动的细节讲述了极其私密且有时令人毛骨悚然的经历,却还要进一步受到IAP裁决员的盘问,而这些裁决员有时似乎对他们故事的可信度表示怀疑。“我不知道自己崩溃了多少次,”她说。

Shingoose said the process of testifying during IAP hearings was traumatic. She said survivors recounted highly personal and at times horrific experiences in graphic detail, only to be further questioned by IAP adjudicators, who at times seemed to doubt their stories’ credibility. “I don’t know how many times I broke down,” she said.

在经历了那个过程后,Shingoose说得知自己的证词可能会被销毁,这让她感到心碎。

After going through that process, Shingoose said learning her testimony could be destroyed was devastating.

“感觉就像我的故事毫无意义。就像它对加拿大而言不值一提,也不重要,”她说。

“Almost like my story doesn’t mean anything. Like it’s not worthy, or important to Canada,” she said.

Shingoose能够取回自己的记录,任何采取相应步骤的幸存者也都可以这样做。但她表示,销毁更广泛档案的计划感觉像是又一次抹除。“这几乎就像是它又要变成一个秘密了,”她说。

Shingoose was able to retrieve her own record, as can any survivor who takes the steps to do so. But she said the plan to destroy the broader archive feels like another erasure. “It’s almost like it’s going to be a secret again,” she said.

对Shingoose而言,IAP记录是加拿大历史中至关重要的一部分,需要被分享。她指出,一些在最高法院裁决宣布前去世的幸存者“没有被给予选择权”。根据该裁决,只有幸存者本人,而非其子女、其他家庭成员或亲属,才被允许取回IAP证词。

For Shingoose, the IAP records are a critical part of Canadian history that need to be shared. She noted some survivors who died before the Supreme Court ruling was announced "weren't given the choice.”According to the ruling, only survivors themselves, not their children, other family members or loved ones, are allowed to retrieve IAP testimonies.

裁决书中写道:“与大多数人预期永远不会被分享的记录被披露相比,销毁一些申诉人本希望保留的记录所造成的不公正程度较轻。”隐私承诺 并非所有幸存者都认为这些记录应该被保留。

"The destruction of records that some claimants would have preferred to have preserved works a lesser injustice than the disclosure of records that most expected never to be shared," the ruling says. The promise of privacy Not all survivors believe the records should be preserved.

前第一民族大会全国酋长Phil Fontaine在2014年的一份宣誓书中表示,尽管他曾公开谈论过自己在寄宿学校遭受虐待的经历,但他从未公开披露过其IAP记录中包含的细节。

Former Assembly of First Nations national chief Phil Fontaine said in a 2014 affidavit that, although he had spoken publicly about his own experience of abuse at residential school, he had never publicly disclosed the details contained in his IAP record.

“这是因为我认为我的故事是私人的,”他写道,并明确要求销毁他的记录,同时警告称披露这些记录可能会延续代际伤害。

“This is because I consider my story to be private,” he wrote, explicitly requesting that his record be destroyed and warning that disclosure could perpetuate intergenerational harm.

“在我们的社区中,这种知识即便在后代中也将延续寄宿学校制造的功能障碍与创伤的遗产。”最高法院于2017年承认了这一冲突。“在这些情况下,完美的结果根本不可能实现,”判决书写道。

“Within our communities, such knowledge even in future generations would continue the legacy of dysfunction and trauma that was created by the residential school.”The Supreme Court acknowledged the conflict in 2017. “A perfect outcome here is, in these circumstances, simply not possible,” the ruling said.

保密性是设计使然 独立评估程序(IAP)首任首席裁决官丹尼尔·伊什现居萨斯卡通,他表示保密性是该程序的基石。

Confidential by design Daniel Ish, the IAP’s first chief adjudicator who now lives in Saskatoon, said confidentiality was fundamental to the process.

他告诉加拿大广播公司(CBC),当时的共识是“IAP申请人的档案绝不会被保留,绝无例外”。

The understanding had been that “the files for IAP claimants would not be maintained, full stop," he told the CBC.

伊什表示,与真相与和解委员会(TRC)不同,后者收集证词旨在履行公共教育与疗愈的广泛使命,而IAP的主要设计目的是赔偿幸存者。

Ish said that, unlike the Truth and Reconciliation Commission (TRC), which collected testimony as part of its broader mandate for public education and healing, the IAP was primarily designed to compensate survivors.

他说,幸存者曾被承诺保密。在他们作证后更改这些条款,可能构成他所谓的“严重背信行为”。 IAP裁决官凯瑟琳·基廷在加拿大西部和北部主持了500多场听证会,她记得曾在听证会上向申请人承诺保密。

Survivors were promised confidentiality, he said. Changing those terms after they had testified could be what he called “a gross breach of trust.”Kathleen Keating, an IAP adjudicator who conducted more than 500 hearings across Western Canada and the North, remembers making the promise of confidentiality to claimants at their hearings.

“对我而言,那是我向每一位当事人做出的庄严承诺,”基廷说,并补充道,在许多案例中,幸存者甚至选择在远离家乡的酒店会议室举行听证,以免社区里的人知道他们参与了该程序。

“To me, that was a solemn promise that I made to each one of those people,” Keating said, adding that in many cases, survivors went as far as opting to have their hearings in hotel conference rooms far from home, so no one in their communities would know they were participating in the process.

“我知道有人辩称加拿大需要获取这些故事,”她说,“但我不认为我们有这个权利。” 幸存者有选择权吗?据国家真相与和解中心的一位发言人称,截至目前,大约3.8万名IAP申请人中,选择索取自己档案的不足100人。

“I know it’s been argued that Canada needs access to those stories,” she said. “But I don’t think we have that right.”Did survivors get to choose? According to a spokesperson from the National Centre for Truth and Reconciliation, fewer than 100 of roughly 38,000 IAP claimants have opted to retrieve their record to date.

前CBC记者康妮·沃克表示,这个数字应引起关注:幸存者是否已被充分告知档案即将被销毁。

Former CBC journalist Connie Walker said that number should raise concern over whether survivors have been adequately informed of the records’ pending destruction.

“我认为这引发了一些严重的问题,”她说。“原本应该有一个非常完善的通知程序。”沃克是克里族人,在萨斯喀彻温省的奥卡内斯第一民族长大。她说,直到今天,她遇到的许多幸存者仍然不知道他们的证词即将被销毁,也不知道他们有权选择保留这些证词。

“I think it raises some serious questions,” she said. “There was meant to be a very robust notice program.”Walker, who is Cree and grew up on the Okanese First Nation in Saskatchewan, said many of the survivors she encounters to this day still have no idea their testimony is scheduled for destruction, or that they have the option to preserve it.

沃克表示,由于对寄宿学校伤害的否认主义抬头,这个问题显得尤为关键。

Walker said the issue is even more crucial because of a rise in denialism about the harms of Residential School.

“我认为反击这种否认主义的最好方法就是用真相,用档案和幸存者的证词,”她说。

"I think the best way to counter that is with the truth, with records and survivor testimony," she said.

沃克目前在多伦多都会大学领导“印第安寄宿学校记录项目”。该项目旨在建立一个独立于公共法庭记录之外的档案库,这些公共记录源于独立评估程序(IAP)启动前幸存者提起的诉讼。

Walker leads the Indian Residential School Records Project at the Toronto Metropolitan University. The project aims to create an archive separate from public court records, generated by lawsuits from survivors filed before the IAP began.

“我们希望确保将自主权归还给幸存者,让他们能够管理自己的记录,”她说。

“We want to make sure that we’re giving agency back to survivors so they can manage their own records,” she said.

她对此事有着个人的关切。沃克本人也是代际创伤的幸存者,她在调查父亲的寄宿学校经历时,发现了IAP计划销毁记录的事实。她说,她已故父亲的记录改变了她对自己家族过去的理解。“能够接触到这些真相,让我感到这是一种莫大的荣幸。”

Her interest is personal. Walker is an intergenerational trauma survivor herself, and became aware of the planned IAP record destruction while investigating her father’s residential school history. Her late father’s records, she said, transformed her understanding of her family’s past. “It felt like such a privilege to be able to get access to that truth.”