Alternative Dispute Processes in a Parliamentary Setting

Following news of the discovery of 215 unmarked graves on the grounds of a former residential school in Kamloops, British Columbia, members of a family placed children’s shoes at the entrance of Ontario’s legislature as a memorial to commemorate the victims. The memorial impeded access to the legislature’s entrance. Unaware of the unfolding news of the gravesite discovery and the establishment of similar memorials at legislatures across the country, members of Ontario’s Legislative Protective Service (LPS) approached the family as they prepared to conduct a smudging ceremony to request the shoes be moved to a more appropriate location. When they declined to move the memorial, the discussion escalated to a verbal impasse that was resolved when the Sergeant-at-Arms, who spoke with the family’s Member of Parliament, agreed to temporarily allow it to remain in place. Concerned that the interaction demonstrated a lack of empathy on the part of the LPS in light of events across the country, some MPPs submitted a written complaint to the Sergeant-at-Arms. Following a meeting with the family, the LPS agreed to participate in a restorative justice process. In this article, the authors explain how the LPS, by stepping outside its standard operating procedures and participating in this process, recognized the value in exploring alternative complaint resolution strategies and thereby adopted a new alternative dispute mechanism. The article concludes by noting the Assembly has created a new Indigenous Liaison position and is in the process of installing a permanent Indigenous Shoe Memorial inside the legislature.