Lewis & Clark Law Review
First Page
223
Abstract
The issue of restitution for sexual and physical abuse of survivors of Indian residential schools has gained litigative traction, leaving the issue of reparations for cultural loss in the shadows. This Comment explores the idea of a new tort of cultural loss to more holistically address the systematized harm experienced by Aboriginal children forced into residential schools in Canada. Based on the qualitative experiences of survivors of residential schools, this Comment suggests a taxonomy of cultural loss that may further inform efforts to use tort law as a vehicle for reparative justice. Ultimately, this tort theory demands further inquiry and scholarship, particularly from Aboriginal stakeholders, but may serve as a starting point for future reparations innovations in the face of systematic cultural violence.
Recommended Citation
James Plunkett,
Cultural Loss in the Context of Indian Residential School Litigation: Exploring the Role of Tort Law as a Tool for Transformative Reparations,
28
Lewis & Clark L. Rev.
223
(2024).
Available at:
https://lawcommons.lclark.edu/lclr/vol28/iss1/6