OIC Number: 2016 - 10

Date of Order: Jan 19, 2016

Statute: Public Inquiries Act

OIC Text: The Governor in Council on the report and recommendation of the President of the Executive Council dated January 5, 2016, and pursuant to

Section 3 of

Chapter 372 of the Revised Statutes of Nova of Scotia, 1989, the Public Inquiries Act , and pursuant to Order in Council 2015-342 that established the Restorative Inquiry, is pleased effective on and after January 19, 2016, to: (1) appoint Dean Smith as a Commissioner to the Nova Scotia Home for Coloured Children Restorative Inquiry under the Public Inquiries Act ; and (2) approve the rate of remuneration of $10,000 per annum for the Commissioner if he wishes to accept and is eligible for such remuneration in accordance with the Terms of Reference and order that:

WHEREAS it is appropriate and desirable to appoint an additional Commissioner to the Nova Scotia Home for Coloured Children Restorative Inquiry and for the Commissioner, as a member of the Council of Parties, to make an inquiry into certain matters concerning the Nova Scotia Home for Coloured Children (NSHCC): Pursuant to the Terms of Reference, the Commissioner, as a member of the Council of Parties will: (

a) examine the experience of the NSHCC as part of the history and legacy of systemic and institutionalized racism, both historic and current, in Nova Scotia; (

b) examine and seek to understand the experiences of former residents within the NSHCC and the legacy and impact of these experiences for former residents, their families and communities; (

c) examine the experiences of former residents within the NSHCC for what they might reveal about issues of institutionalized child abuse and prevention and protection in future; (

d) inquire into how the history and legacy of the NSHCC has impacted not only African Nova Scotian communities but all peoples in Nova Scotia and consider how to address this harmful legacy. It will reveal, reckon with and address this part of the harmful history and legacy of anti-Black racism in the Province of Nova Scotia; (

e) empower those involved in, and affected by, the history and legacy of the NSHCC to learn about what happened and the contexts, causes, circumstances and ongoing legacy of the harms related to the NSHCC; (

f) examine the role and contribution of various systems, sectors and institutions in the harmful history and legacy of the NSHCC, including, for example: education, justice, health and community services; (

g) engage affected parties and all Nova Scotians in collaborative planning and action to address this history and its legacy and create change to secure a better future for African Nova Scotian children and their families and communities; (

h) educate the public about the history and legacy of the NSHCC; (

i) contribute to the goal of social change to end the harmful legacy of abuse and ensure the conditions, context and causes that contributed to it are not repeated; (

j) publicly share the truth and understanding established through the Restorative Inquiry and the actions taken, planned and recommended to address systemic and institutionalized racism and build more just relationships for the future; (

k) affirm and strengthen the cultural knowledge, leadership and health of the African Nova Scotian people and communities as one of Nova Scotia’s founding cultures; (

l) model a restorative approach to conflict resolution; and (

m) create agenda and momentum for further learning and action on related issues of systemic racism that are revealed through the process. The Governor in Council is further pleased, in accordance with the Terms of Reference, to: (1) authorize the Commissioner to incur expenses in conducting the Restorative Inquiry, that in the opinion of the Commissioner, is required for the purposes of the Restorative Inquiry; and (2) authorize the Commissioner to make rules to regulate the proceedings of the Restorative Inquiry and to conduct its business as determined in his discretion as a member of the Council of Parties.

Department(s): Executive Council