Even the Pope has lawyers.

The discovery of the remains of 215 children on the site of a former residential school in Kamloops, BC was shocking and horrifying. It was yet another reminder of the devastating impact of the systemic racism that inflicted so much pain on Canada’s Indigenous peoples.  The nation was and is numb with disbelief.

About 70% of residentials schools in Canada were run by the Catholic Church, which is governed by the Holy See (the Pope) from its own City State (The Vatican).  The remaining 30% of residentials schools were run by several other religious denominations. Prior to the discovery in Kamloops, the churches from the other religious denominations had issued public apologies for their wrongdoings.  So had the federal government.  But not Pope Francis.

There was renewed hope that the Pope would finally issue an apology after the remains of children were discovered on the grounds of one of the Catholic Church’s residential schools in Kamloops.  

Public sentiment strongly suggests an apology was and is in order. An apology from the Pope is the right thing to do and long past due. In the very least, it would make clear that no institution - including the Catholic Church - could still in any way defend the atrocities that occurred at residential schools, or the notion or policy behind such schools. One need not be a theologian to understand the Golden Rule - do unto others as you would have them do unto you.  And we can all understand that an apology is appropriate when you do wrong.

Even though Canadian bishops have apologized, as have Pope Benedict XVI, the Oblates, the Jesuits, Archbishop Miller, why hasn’t Pope Francis? Why is it so difficult to extract these meaningful words from the Holy See?

Some have said that the chapter of residential schools was closed after the Vatican welcomed a delegation led by Phil Fontaine in 2009 in the spirit of reconciliation. Clearly though that was insufficient for the Truth and Reconciliation Commission, which called for a Papal apology on Canadian soil in its historic and profound report.

The more likely reason is that the Pope’s legal team has his ear. They are likely advising him of the complex Vatican laws surrounding Papal visits that could be disturbed by an apology on Canadian soil. Additionally, there is the matter of millions of dollars in compensation that the Church initially agreed to pay as part of a class action settlement but have largely been able to avoid almost entirely through legal wrangling. Perhaps Vatican lawyers are also reminding their client of the potential exposure to significant new financial liability if the Vatican now reengages with residential schools survivors and their families in any meaningful way.

Are we seeing the Vatican’s legal team clashing with its own morality, and at the expense of its own reputation? 

We see the court of public opinion firmly in favour of a Papal apology.  Indigenous peoples deserve one; however, those who operate in the court of law seem to be persuading the Pope otherwise. Vatican lawyers may be advising the Holy See to avoid meaningful human emotion and instead water down his own compassion in a drive to protect its client. The result? Public comments that completely miss the mark. Case in point, the Pope’s public reaction to the horrific discovery in Kamloops was to suggest a closeness with the Canadian people - whatever that means - but not to apologize.

Dr. Paul Bates, himself a Reverend Deacon and Doctor of Practical Theology, opined that, “Before reconciliation there must be witness to truth. Before witness there must be awareness. Becoming aware is a committed act. We know from our experience that people work through these steps at different paces.”

The Pope has shown empathy and compassion on other occasions. His inability to do so here seems uncharacteristic. Surely, his communications advisors know the damage being caused to their own institution by the lack of a Papal apology. Surely they know as well that apologizing to Indigenous peoples in Canada is the right thing to do. Surely they have awareness of the truth behind these horrific residentials schools. And surely they are providing such counsel. It may be, though, that there is a chasm between the Vatican’s communications and legal advisors. More often than not, legal counsel win such clashes because the desire of organizations to avoid losing money and set worrisome precedents trumps to desire to gain social license through authentic and meaningful relationships. This plays into people’s natural desire to protect themselves before they help others. Following this protective instinct, fueled by legal advice, seems to undermine the role of the church to help others.

“Ultimately, though, I believe that our shared humanity will bring us all to the pivotal place that the act of witness is complete; when reconciliation takes hold and shapes up,” added Dr. Bates. He concludes, “I might add that in my experience, good counsel never loses sight of that pivotal place.”

Communicators need to work closely with legal teams to understand their concerns, their desire to appraise and avoid risk, and educate them about the impact on reputation and relationships with the very people the organization works with and for. Communicators needs to work hard to understand those that an organization serves, so that they can make sure decision-makers know when they are at that pivotal place.

Today’s problems are multi-faceted.  Any function or advisor that can’t span beyond its traditional domain and provide multi-disciplinary counsel isn’t offering nearly the value it should.  The Vatican is showing us that in real-time.

Special thanks to an excellent teacher and person, Dr. Paul K. Bates, author of For Others to Follow: An Ethos of Leadership Grounded in Spirituality. Dr. Paul K. Bates, MTS, DPT, FCPA, FCMA, CMC, is a Reverend Deacon, a Chartered Professional Accountant, Fellow of the Society of Management Accountants and Certified Management Consultant. Dr. Bates’ career has spanned senior academic administration; business, communications and divinity school lecturing; investor advocacy; capital markets regulation; investment dealer executive leadership with P&L accountability; expert witness and international consulting in the financial services sector. He is a former member of the council of Canada’s Social Sciences and Humanities Research Council (SSHRC). Dr. Bates holds a Master’s degree in Theological Studies and a Doctor of Practical Theology from McMaster Divinity College.

Background source material:

https://nationalpost.com/opinion/raymond-j-de-souza-it-is-historically-inaccurate-to-suggest-the-catholic-church-hasnt-apologized-for-residential-schools
https://www.theglobeandmail.com/news/politics/legal-misstep-lets-catholics-off-hook-for-residential-schools-compensation/article29657424/