Unpacking the Ownership of ‘Every Child Matters’: Who Holds the Rights?

Unpacking the Ownership of ‘Every Child Matters’: Who Holds the Rights?

September 30 holds significant importance in Canada as it marks the National Day for Truth and Reconciliation and Orange Shirt Day—a time for reflection on the profound impact of the residential school system on Indigenous communities.

To commemorate this day, many Canadians wear orange shirts, often featuring the powerful phrase “Every Child Matters.” This phrase has become a symbol of remembrance for the children who endured and lost their lives within the residential school system, which operated from 1831 until 1996. Indigenous children faced the erasure of their identities, culture, and families during their time in these institutions.

Support Indigenous Communities Through Your Purchases

Orange shirts are available in various outlets, from major retail chains to local shops like INAC, located in Winnipeg’s CF Polo Park Mall. This Indigenous-run business donates a portion of its sales to support Indigenous communities. “We donate to the National Centre for Truth and Reconciliation,” says Michelle Cameron, owner of INAC and the daughter of a residential school survivor.

However, the use of the phrase “Every Child Matters” has sparked controversy. The Orange Shirt Society (OSS) has sought to trademark the phrase, emphasizing that only they and authorized licensees may use it in connection with merchandise. Their notice states that any alternate designs featuring the phrase must receive prior written consent from the OSS, as unauthorized use could lead to legal repercussions.

Defending Cultural Significance

Cameron expresses her disagreement with the OSS’s claims. “I think ‘Every Child Matters’ now belongs to everybody,” she argues, highlighting the universal significance of the phrase beyond any single organization.

Phyllis Webstad, the founder and CEO of OSS, emphasizes that the trademark aims to encourage consumers to purchase orange shirts from retailers associated with the OSS rather than for-profit entities. “Our experience is not a fashion statement,” she states, underscoring the need to respect the spirit of the day.

Despite the OSS’s efforts, Cameron believes it’s too late for a single entity to claim ownership of the phrase. According to the Canadian Intellectual Property Office, the OSS’s trademark application for “Every Child Matters,” submitted on May 11, 2020, is still under review. Evaluators have indicated that the phrase is “not inherently distinctive,” suggesting it should remain available for general use.

Moving Forward Together

Webstad recounts how her personal experience—having her orange shirt, a gift from her grandmother, taken away at a residential school—motivated the establishment of Orange Shirt Day. The phrase “Every Child Matters” was chosen in 2013 to honor the children who lived through these harrowing experiences.

While the OSS has established licensing agreements with major retailers like Walmart and London Drugs to sell orange shirts, Cameron remains committed to her independent business model and does not plan to seek a license from the OSS. “I don’t think that’s the right thing to do,” she asserts, advocating for broader access to the phrase and its associated message.

As Canada observes Truth and Reconciliation Day, the conversations surrounding the phrase “Every Child Matters” highlight the ongoing challenges and complexities of recognizing and honoring Indigenous voices and experiences.

Conclusion

This National Day for Truth and Reconciliation serves as a reminder of the importance of understanding and acknowledging the past. As Canadians wear their orange shirts, let us all reflect on the journey toward healing and solidarity with Indigenous communities across the nation.