Frontier Centre for Public Policy
Canada’s elites suppress freedom of speech on indigenous matters
From the Frontier Centre for Public Policy
By Peter Best
Under section 2 of the Charter of Rights and Freedoms, Canadians are guaranteed freedom of thought, belief, and expression. These freedoms are fundamental in our democratic society. In fact, an official government commentary on the Charter states: “In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.”
Given this claim, it is, indeed, a mystery why free speech is protected when people say that Israel’s policies and practices towards the Palestinians are “racist,” but not when they say that Canada’s policies and practices towards Indigenous peoples are “racist.”
When it comes to Indigenous issues, our academic, media, and political elites have a Charter of Rights free speech blind spot. They refuse to allow contrary minded, but enlightened Nelson Mandela-like beliefs to be voiced unless those people want to be labeled as “racist.” Only a few brave souls have been willing to be pillarized by transgressing this “sacred” boundary.
This writer went over this line when he arranged a Chapters book-signing for There Is No Difference, a book that advocates for the greater integration of Indigenous people into Canadian society, only to have the event cancelled by the bookstore who chose silence over free speech. Surprisingly, only one mainstream journalist, Barbara Kay in The National Post, defended my free speech rights.
But I am not alone.
A few years ago, Senator Lynn Beyak dared to say that some good came from residential schools, a view that is, in fact, reflected in the Truth and Reconciliation (TRC) Report, and was shared by eminent Indigenous author and residential school student Basil Johnston in his book, Indian School Days.
For making defensible assertions, Senator Beyak was excoriated by politicians from all parties, and mocked by editorial writers as an ignorant rube. In 2019, she was kicked out of the Conservative caucus, and shortly after she resigned from the Senate.
Associate Professor Frances Widdowson was exercising her “academic freedom,” but, nevertheless, was fired from Mount Royal University in 2021 for challenging the Indigenous status quo. In doing so, the university proved that its core mission was to protect the feelings of Indigenous people and not to challenge fallacies and uphold truth-seeking in a free and open debate.
The same year, an Abbotsford B.C. high school teacher, Jim McMurtry, was fired for saying that most Indigenous children who died in residential schools died because of diseases like influenza and tuberculosis. Even though this fact is reported in the TRC Report, it did not save Mr. McMurtry from unceremonially losing his teaching career.
In 2024, the mayor of Quesnel B.C., Ron Paull, was censured and the nearby First Nations bands boycoted him because his wife — a private citizen in her own right — handed out copies of Grave Error to friends and acquaintances. This book is a scholarly challenge to the “cultural genocide” claimed by the Kamloops Indigenous band.
Also, in 2024, a Manitoba school trustee, Paul Coffey, faced pressure to resign for publicly echoing what Senator Beyak had said a few years earlier.
These cases — and many others — clearly illustrate that no government official, no member of a provincial or territorial legislature, and few mainstream academics and journalists will defend contrary-minded “heretics” exercising their right to free speech, a right that is enshrined in the Canadian Charter of Rights and Freedoms.
In fact, few mainstream news media outlets reported on these stories in a dispassionate and professional way. The CBC, for example, consistently emphasizes the “hurt feelings of the aggrieved,” making their outrage the focus of their reporting. In no media reports has the CBC mentioned the Charter of Rights and Freedoms, implying that Charter protected freedom of speech is no longer relevant in their reporting on Indigenous matters.
Hurt feelings, of course, are irrelevant to academics and journalists because the search for truth always involves controversies that hurt the feelings of some people.
Even more outrageous, the federal government has actively demonized Canadians who challenge misinformation about Indigenous people by proposing to make it a crime for people to engage in what it calls “residential school denialism.” As a result, people who care about the best interests of Indigenous peoples but have contrary-minded views, are afraid to speak up for fear of being called “denialists,” as if they were denying the European Holocaust.
Nevertheless, many Canadians believe that the proper way to advance reconciliation with Indigenous people is to phase out the dependency relationship that has grown since the Indian Act was enacted in 1876. Many also think that Indigenous peoples should be equal with other Canadians—no better, and certainly no worse.
Some Canadians even believe that Canadian governments should not support the United Nations Declaration on the Rights of Indigenous People (UNDRIP) that creates a strong “consult and accommodate” hammerlock on the development of Canadian resources. Similarly, many believe that the “nation to nation” relationship is polarizing citizens leading to ruinous economic and social policies for both Indigenous bands and Canadian society.
Unfortunately, the vast majority of Canadians realize that it is best to keep thoughts like these ones to themselves.
Our elites have breached their fiduciary responsibilities to Canadians. It is a tragedy that they do not encourage other viewpoints. In this respect, Peter Wehner correctly says: “The truths to be discovered are complex and many-sided, and the only way to get to them is by engaging with contrary ideas in a manner approaching dialogue.”
It would be in the best interest of Canadians, if our elites shed their hostility towards those who disagree with them. But to do this, they need to develop the confidence and open-mindedness that the French philosopher Montaigne implied when he wrote: “When I am contradicted it arouses my attention, not my wrath. I move towards the man who contradicts me; he is instructing me. The cause of truth ought to be common to both of us.”
But in discussing Canadian Indigenous issues, the Canadian elites are inexplicably unwilling to grant to others the same Charter of Rights-free speech presumptions that they keep for themselves when they support “anti-Zionists” shouting obnoxious statements and insults. When they do this, they are dividing Canadians, losing our trust, and increasing the grave harm to all Canadians but especially to Indigenous Canadians.
Peter Best is a retired lawyer in Sudbury and the author of There is no Difference which argues that Canada’s laws should be changed to make all Canadians equal under the law, regardless of race.
Frontier Centre for Public Policy
Christmas: As Canadian as Hockey and Maple Syrup
From the Frontier Centre for Public Policy
By Gerry Bowler
Well, they’re at it again. A year after a Canadian Human Rights Commission position paper labeled Christmas “discriminatory” and an example of “colonialist religious intolerance”, an Alberta public school has cancelled a winter concert because marking Christmas isn’t inclusive enough. The principal of Whitecourt’s Pat Hardy Elementary stated, “Not all students celebrate Christmas, and their families may or may not choose to have them participate in the Christmas concert. Other families celebrate Christmas as a religious holiday but do not want children engaging in the non-religious parts such as Santa, Christmas trees, etc.” It was suggested that a spring concert might be more inclusive, presumably on the theory that no one gets too worked up about the vernal equinox.
The principal’s actions are scarcely news; for years schools and public officials have been reluctant to stage any activity around the celebration of the Nativity. “Christmas concerts” have been relabelled or cancelled; “Christmas trees” have been termed the “Holiday Tree.” Or a “Care Tree.” A “Multicultural Tree.” A “Tree of Lights.” A “Community Tree.” A “Winter Solstice Tree.” A “Grand Tree.” A “Special Tree.” A “Family Tree.” The “Annual Tree.” A “Festive Bush.” A “Unity Tree.” A “Culture Tree.” Activists in Saskatoon objected to city buses displaying a “Merry Christmas” wish; a Toronto judge ordered a Christmas tree removed from the courthouse lest it makes non-Christians feel unwelcome; inspired by the American school that mandated that the lyrics to “Silent Night” be changed to “Silent Night, mmm, mmm, mmm, / All is calm, all is bright, mmm, mmm, mmm”, a principal at an Ottawa school excised the C-word from the ditty “Silver Bells”. Thus: “Ring-a-ling, hear them sing; Soon it will be a festive day.”
There are several ways of dealing with this perennial issue. One is to remove religion from the public square altogether – that would certainly suit the secular fundamentalists – another is to play the majoritarian card and insist that since Christians outnumber other faith communities their will should hold sway. Some might want to dilute any mention of Christianity from the season while others might wish to include every other religion’s holy days on the school calendar.
I have a solution to this seasonal dilemma. It is to adopt the attitude taken by leaders of racial and religious minorities in Canada when asked if they are offended by mentions of Christmas. Their invariable answer is, of course not, Christmas is an integral part of Canadian culture.
Christmas is indeed Canadian, as native to our land as Hockey Night in Canada, Stompin’ Tom Connors, or pineapple on pizza. It has been Canadian longer than poutine, mediocre socialized healthcare, or the last time Toronto won the Stanley Cup. The Vikings who found a home in Newfoundland a thousand years ago likely celebrated Christmas, and there’s no doubt that the holiday has been observed for half a millennium by later European settlers.
Though a current American politician may regard Canada as the 51st state and a current Canadian politician may opine that we are a post-national entity with no core identity, Canada, over the centuries, has developed a unique Christmas culture. We have beautiful carols of our own – “D’où Viens-Tu Bergère?”, the “Huron Carol” (“Jesus Ahatonia”), the first ever written in a North American indigenous language, and J.P. Clarke’s 1853 “A Canadian Christmas Carol”– not to mention secular seasonal music such as “Voici Le Père Noël Qui Nous Arrive” by the legendary Mary Bolduc, the melancholy “River” by Joni Mitchell, Bob and Doug Mackenzie’s take on “The Twelve Days of Christmas” and the immortal “Honky the Christmas Goose,” as sung by Johnny Bower (the last Leaf goalie to win a Stanley Cup).
We have unique Christmas foods – the taffy pull on St Catherine’s day, the tourtière of the revéillon, rapee pie, cipâte, butter tarts, Nanaimo bars, ragoût de pattes, “chicken bones,” and “barley toys.”
Though Santa Claus has his own Canadian postal code (H0H 0H0), we do not count him as a citizen, but we do have our own native Gift-Bringer in the form of Mother Goody (also known as Aunt Nancy or Mother New Year).
Canada can boast the first Christmas tree in North America, the custom introduced by Baroness Frederika von Riedesel whose husband Baron Friedrich Adolphus von Riedesel had brought 4,000 German Brunswicker soldiers in 1776 to protect Canada from American invasion. The first department store Santa was employed in Fredericton, New Brunswick, in 1869. Our post office issued the world’s first Christmas stamp in 1898. Eaton’s department store in Toronto staged the first Santa Claus parade in 1905.
Only in Canada can we see mummers of all sorts at Christmas – Janneys, Ownshooks, Fools, Belsnicklers, and Naluyuks; only in Canada do door to-door canvassers under the guise of “la guignolée” solicit donations to charity while singing a song threatening to torture the oldest daughter of the house.
So the next time objections are raised to the appearance of Christmas in the public square, simply state that it’s a long-standing Canadian custom, sanctified by time and universal practice, as deeply embedded in our culture as the red maple leaf. It’s what we do. Canadians do Christmas.
Gerry Bowler, historian, is a Senior Fellow at the Frontier Centre for Public Policy
Frontier Centre for Public Policy
False Claims, Real Consequences: The ICC Referrals That Damaged Canada’s Reputation
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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