'I Lost My Talk': Indian Residential Schools, Copyright, Archives and Commissions of Inquiry

75 Pages Posted: 25 Apr 2018

Date Written: April 5, 2018

Abstract

People give statements to commissions of inquiry, courts, administrative tribunals, police and other government bodies. Who owns the copyright in those statements? What practical value is there in copyright ownership in those contexts?

This paper examines in detail the copyright issues relating to the statements that survivors of Indian Residential Schools gave to Canada's Truth and Reconciliation Commission.

As related background, the paper gives a detailed review of the Supreme Court of Canada's order to destroy statements given by survivors to the Independent Assessment Process.

This paper examines copyright cases from Canada, England, the United States and Australia dealing with interviews generally, statements and indigenous peoples.

This paper is one of a series by the author examining the many legal issues relating to Indian Residential Schools and the Indian Residential Schools Settlement Agreement.

Keywords: indigenous, Indian, Aboriginal, Education, Law, Canadian history, interviews, statements, copyright, Indian Residential Schools, intellectual property, public domain, privacy, access to information

Suggested Citation

McMahon, Thomas, 'I Lost My Talk': Indian Residential Schools, Copyright, Archives and Commissions of Inquiry (April 5, 2018). Available at SSRN: https://ssrn.com/abstract=3157393 or http://dx.doi.org/10.2139/ssrn.3157393

Thomas McMahon (Contact Author)

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