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Indigenous

There are no Indian Residential School denialists, so why criminalize them?

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From the Frontier Centre for Public Policy

By Rodney A. Clifton, professor emeritus at the University of Manitoba and a senior fellow at the Frontier Centre for Public Policy. (He was a former Senior Boys’ Supervisor in Stringer Hall, the Anglican residence in Inuvik.)

” both sides agree that Indian Residential Schools existed, and that some children were harmed. But they disagree on the evidence needed to prove whether children were murdered and buried unceremoniously in residential schoolyards. “

In a recent Canadian Press story, Kimberly Murray, the government’s special interlocutor on unmarked graves of missing Indigenous children from residential schools, is reported as saying: “We could … make it an offense to incite hate and promote hate against Indigenous people by … denying that residential (schools) happened or downplaying what happened in the institutions.” Not surprisingly, the Liberal government of Prime Minister Justin Trudeau is sympathetic to the special interlocutor’s call to action.

Ms. Murray says that Indigenous leaders across the country support her call for legislation. The Assembly of Manitoba Chiefs (AMC), for example, asked the Justice Minister, Arif Virani, to amend the criminal code to criminalize denialism. AMC Grand Chief Cathy Merrick said that enacting such a law would provide “an opportunity for Canada to demonstrate an honest commitment to reconciliation…. to deny the existence of these institutions is a form of violence.”

The focus on missing and murdered Indigenous children at residential schools became a national disgrace at the end of May 2021 when the Kamloops First Nation announced that stories from Knowledge Keepers and evidence from ground-penetrating radar (GPR) had “discovered” the graves of 215 children in the schoolyard of the Kamloops Indian Residential School.

Since that announcement, first nations across the country have discovered many more “graves,” also relying on Knowledge Keepers stories and GPR evidence. But so far, no bodies of IRS students have been exhumed from the schoolyards, even though the Chief TRC Commissioner, Justice Murry Sinclair, told CBC Radio host Matt Galloway a couple of years ago that as many as 15,000 to 25,000 Indian Residential School students are missing.

Surprisingly, these claims are not included in the Truth and Reconciliation Commission (TRC) Report. In fact, only one story of a murdered child is reported in the TRC Report, and it is the unverified story told by Doris Young about seeing a child’s murder at the Anglican Elkhorn Indian Residential School in Manitoba. The Commission reported this alleged murder but did not investigate the claim. Indeed, the Commission spent $60 million over six years and did not report any evidence, other than the Doris Young’s claim, of the murder of Indigenous children at residential schools.

What does this mean for criminalizing denialism?

There are at least three problems with potential legislation to criminalize denialism. First, Canada already has legislation on hate speech, and so new legislation is unnecessary.

Second, the definition of “denialism,” as reported above, is so vague that it would be almost impossible to convict anyone.

Finally, and most importantly, from what can be gathered from both Ms. Murray’s interim report and recent news items, practically no Canadians deny that Indian Residential Schools existed or that some children were harmed at those schools.

What Canadians seem to disagree on is the evidence that is needed to prove that IRS students were murdered, and their bodies were unceremoniously buried in unmarked graves in residential schoolyards.

On Ms. Murray’s side, supporters’ reason that “hear-say” evidence from Indigenous Knowledge Keepers and shadows on GPR screens are adequate to prove the claim. On the other side, the so-called “deniers” reason that forensic evidence from exhumed bodies is needed.

So, both sides agree that Indian Residential Schools existed, and that some children were harmed. But they disagree on the evidence needed to prove whether children were murdered and buried unceremoniously in residential schoolyards.

The Canadian law enforcement and justice system is the proper agency for an impartial investigation of this claim, and if evidence is obtained, to criminally charge those Indigenous and non-Indigenous IRS employees responsible and to report their names and crimes if they are deceased.

Surely Canadians would support such an impartial investigation leading to possible criminal charges. Till that happens, there is no reason to demonize the so-called “deniers” by those who disagree with the evidence they think is necessary to answer this important question. Without an independent investigation along with a public report, Canada cannot reach a fair and just reconciliation between Indigenous and non-Indigenous Canadians.

Indeed, many people are wondering why such a rigorous, systematic, investigation has not yet been conducted. It is the time to settle this issue so that both sides—indeed all Canadians—can move on from being pitted against each other over an issue that can be easily resolved with an independent investigation by competent justice officials.

Rodney A. Clifton is a is a professor emeritus at the University of Manitoba and a senior fellow at the Frontier Centre for Public Policy. He lived for four months in Old Sun, the Anglican Residential School on the Blackfoot (Siksika) First Nation, and was the Senior Boys’ Supervisor in Stringer Hall, the Anglican residence in Inuvik. Rodney Clifton and Mard DeWolf are the editors of From Truth Comes Reconciliation: An Assessment of the Truth and Reconciliation Commission Report (Frontier Centre for Public Policy, 2021). A second and expanded edition of this book will be published in 2024.

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Frontier Centre for Public Policy

False Claims, Real Consequences: The ICC Referrals That Damaged Canada’s Reputation

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From the Frontier Centre for Public Policy

By Nina Green

The University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one.

Why has Canada twice been referred to the International Criminal Court on the basis of false claims about Indian residential schools?

The answer is simple.

The ultimate cause is the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of Indian residential schools and students who went missing from Indian residential schools. The University of Manitoba site tells users to:

Click on a region below to see a list of residential schools. Each residential school page contains a list of students who died or went missing at that school.

Those claims by the University of Manitoba are not true.

Firstly, the majority of the 4139 students currently on the University of Manitoba’s Student Memorial Register did not die on the premises of an Indian residential school. Most died elsewhere, as established by the Truth and Reconciliation Commission report entitled Missing Children and Unmarked Burials, which is in Table 4. Location of residential school deaths, 1867–2000 on page 21 states that only 423 named students died on the premises of an Indian residential school over the course of 133 years, an average of 3 students a year.

Thus, the majority of students did not die on the premises of Indian residential schools. They died elsewhere – in public hospitals or of illness or accidents on their home reserves, accidents which included house fires, drownings, gunshot wounds, vehicle accidents, falling trees, being hit by trains, and other accidental deaths, as established in hundreds of provincial death certificates.

Secondly, none of the students on the University of Manitoba’s lists went missing from an Indian residential school. To date, the University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one. And far from being ‘missing’, in fact hundreds of provincial death certificates establish that the students were buried on their home reserves by their families and communities.

Based on the University of Manitoba’s misleading lists, the media and the federal government uncritically accepted the false claim by the Kamloops Band on 27 May 2021 that the Band had discovered ‘the remains of 215 children’. After three years, the Band downgraded that false claim on 18 May 2024 to the claim that it had merely discovered ‘215 anomalies’, which could be anything, and are almost certainly the remains of the 2000 linear feet of trenches of a septic field installed in 1924 to dispose of the school’s sewage.

The first referral to the International Criminal Court by a group of 22 lawyers

Only a few days after the Kamloops Band made its false claim, on 3 June 2021 a group of 22 lawyers sent a 14-page complaint to the ICC requesting the Prosecutor to initiate an investigation of a ‘mass grave’ of Indian residential school students which had been discovered at Kamloops. The claim by the 22 lawyers that a ‘mass grave’ had been discovered at Kamloops was, of course, false.

The International Criminal Court quickly declined jurisdiction in November 2021, and on 13 September 2022 Dr Chile Eboe-Osuji, former President and Judge of the International Criminal Court, informed Special Interlocutor Kimberly Murray and those present at her National Gathering in Edmonton of the reasons for doing so. As reported by Chief Derek Nepinak, Dr Eboe-Osuji stated unequivocally that:

There is no pathway to the International Criminal Court for the situation of the historical Indian residential school system in Canada.

Dr Eboe-Osuji’s presentation has never been made available on the Special Interlocutor’s website, and requests to both Kimberly Murray and Dr Eboe-Osuji for a copy of his presentation have gone unanswered.

The second referral to the International Criminal Court by Special Interlocutor Kimberly Murray

Undeterred by the ICC’s refusal to accept jurisdiction and the reasons offered by Dr Eboe-Osuji in his presentation to her 13 September 2022 National Gathering, Kimberly Murray pursued the issue based on the University of Manitoba’s lists falsely claiming that all the students on its lists died on the premises of specific Indian residential schools or went missing from those schools.

On 29 October 2024, Kimberly Murray delivered her final report to Minister of Justice Arif Virani. However, as she told the Senate Standing Committee on Indigenous Peoples on 27 November 2024, Kimberly Murray also sent her report to the International Criminal Court, requesting Canada’s prosecution by the Court.

How the ICC will react to Kimberly Murray’s referral of Canada for prosecution is as yet unknown.

Damage to Canada’s international reputation

Canada’s reputation has been irreparably damaged by these two referrals to the International Criminal Court based on the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of specific residential schools or went missing from those specific schools.

It cannot be reiterated often enough:

(1) that most students whose names are on the University of Manitoba’s National Student Memorial did not die on the premises of a residential school;

(2) that most students on the University of Manitoba’s National Student Memorial died in public hospitals or of illness and accidents on their home reserves;

(3) that the University of Manitoba has never provided the name of a single student who ever went missing from an Indian residential school whose parents didn’t know what happened to their child; and

(4) that the majority of students whose names are on the University of Manitoba’s National Student Memorial were buried by their families and communities on their home reserves. Over time, their families and communities have forgotten them, and through neglect of the grave markers, no longer know where in their reserve cemeteries they are buried.

The University of Manitoba’s National Student Memorial has misled Canadians and has resulted in two referrals of Canada for prosecution by the International Criminal Court based on false claims about ‘mass graves’ and ‘missing’ and ‘disappeared’ Indian residential school students.

The federal government and the Catholic Church must demand that the University of Manitoba take down its false and misleading National Student Memorial.

Nina Green is an independent researcher who lives in British Columbia.

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Indigenous

Trudeau cabinet adviser says residential school grave skepticism is ‘hate’ speech

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From LifeSiteNews

By Anthony Murdoch

Special Interlocutor for Missing Children and Unmarked Graves Kimberly Murray believes there are mass graves despite unfounded claims of secret burials and deaths of Indigenous children.

An adviser to Prime Minister Justin Trudeau’s cabinet said that even though there is skepticism toward unfounded claims of “deaths and secret burials” of Indigenous children at residential schools, deliberate deceptions of the graves should be considered “hate” speech.

The comments were made by independent Special Interlocutor for Missing Children and Unmarked Graves Kimberly Murray at a recent Senate Indigenous Peoples committee meeting. She said it is “one thing to say you don’t believe there are burials,” and it is “your opinion and you can have freedom of speech to say that.”

However, Murray then said that when a person says “there are no burials, that First Nations people or the Indians are lying because they want you to go burn down churches or they want to take away your cottages,” this is “inciting hate against Indigenous people.”

“That’s the type of speech we need to stop,” she added.

The reality is that Canada’s Department of Crown-Indigenous Relations confirmed it spent millions searching for “unmarked graves” at a now-closed residential school, but the search has turned up no human remains.

As reported by LifeSiteNews in August, Trudeau’s cabinet will expand a multimillion-dollar fund geared toward documenting thus far unfounded claims that hundreds of young children died and were clandestinely buried at now-closed residential schools, some of them run by the Catholic Church.

Murray, who said she thinks there are mass graves at residential schools, claimed that those fully denying graves exist are somehow inciting “hate speech” that she said is “not protected by the Charter and it is getting worse in the country.”

“We need to ensure survivors and communities are safe. We need to send a clear message to Canadians that it is not OK to incite this kind of hate,” she said.

“When the children died, government and church officials did not return the children home for burial …They were buried in cemeteries at the institutions, often in unmarked and mass graves which were sometimes dug by the other children.”

“The indigenous leadership has exploited an obviously false claim — pocketing a mountain of tax dollars, while our moribund mainstream media sits in silence,” the judge said.

Giesbrecht was vocal about criticizing the claims made by the legacy media and the Trudeau government that the Catholic Church is complicit in the deaths of thousands of Indigenous Canadians who attended government-mandated residential schools.

As a result of the claims, since the spring of 2021, 112 churches, most of them Catholic, many of them on indigenous lands that serve the local population, have been burned to the ground, vandalized, or defiled in Canada.

The church burnings started in 2021 after the mainstream media and the federal government ran with inflammatory and dubious claims that hundreds of children were buried and disregarded by Catholic priests and nuns who ran some of the now-closed residential schools.

Giesbrecht observed that the reality is that historical records “clearly show” that “the children who died of disease or accident while attending residential school were all given Christian burials, with their deaths properly recorded.”

Despite the attacks on Canadian churches, Leah Gazan, a backbencher MP from the New Democratic Party, brought forth a bill earlier this year that seeks to criminalize the denial of the unproven claim that the residential school system once operating in Canada was a “genocide.”

Canadian indigenous residential schools, run by the Catholic Church and other Christian groups, were set up by the federal government and were open from the late 19th century until 1996.

While there were indeed some Catholics who committed serious abuses against native children, the unproved “mass graves” narrative has led to widespread anti-Catholic sentiment since 2021.

Conservative Party of Canada (CPC) MP Jamil Jivani urged support from his political opponents for a bill that would give stiffer penalties to arsonists caught burning churches down, saying the recent rash of destruction is a “very serious issue” that is a direct “attack” on families as well as “religious freedom in Canada.”

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