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Frontier Centre for Public Policy

Is the Senate in Violation of the 2006 Indian Residential Schools Settlement Agreement, and Hindering Reconciliation?

Published

1 year ago

18 minute read

From the Frontier Centre for Public Policy

By Nina Green

Since it is abundantly clear there are no missing Indian residential school children, the ‘missing records’ by which they can be found are also imaginary, and the Senate Committee has been on a pointless wild goose chase

In July 2024 the Standing Senate Committee on Indigenous Peoples issued an Interim Report entitled ‘Missing Records, Missing Children’.

The problem with that title?  There are no missing Indian residential school children.

Special Interlocutor Kimberly Murray told the Senate Committee on 21 March 2023 that there are no missing children, and in support of that one need only look to her own two interim reports, neither of which identifies a single Indian residential school child who went missing and whose parents didn’t know what happened to their child.  In two years as Special Interlocutor, Kimberly Murray has not been able to name a single child who verifiably went missing from an Indian residential school.

Similarly, after two years of hearings, the Senate Committee itself was unable to name a single verifiably-missing Indian residential school child in its report.

Nor in fact has anyone in Canada to date been able to name a single verifiably-missing Indian residential school child.

Since it is abundantly clear there are no missing Indian residential school children, the ‘missing records’ by which they can be found are also imaginary, and the Senate Committee has been on a pointless wild goose chase which has cost Canadian provinces a very considerable amount of money since many of the witnesses called by the Committee have been provincial government employees whose departments have been forced to expend staff time and financial resources fruitlessly searching for records of missing Indian residential school children who are not missing.

Moreover by calling provincial coroners, medical examiners, and vital statistics department officials as witnesses, the Senate Committee has given the distinct impression that it is conducting a criminal investigation, and by focussing on Indian residential schools, the Committee has also given the distinct impression it has reconstituted itself as a new Truth and Reconciliation Commission (TRC), and is therefore in violation of the 2006 Indian Residential Schools Settlement Agreement.

What justification does the Senate Committee have for conducting this public inquiry into ‘Missing Records, Missing Children’, and threatening to compel the attendance of witnesses at its hearings?

The Committee cites the following Order of Reference passed by the full Senate as justification for its July 2024 report, and for the sweeping and far-reaching recommendations the report contains:

ORDER OF REFERENCE

Extract from the Journals of the Senate of Thursday, March 3, 2022:

The Honourable Senator Francis moved, seconded by the Honourable Senator Cordy:

That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report on the federal government’s constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Métis peoples and any other subject concerning Indigenous Peoples; . . . .

It is glaringly obvious that the Order of Reference did not authorize the Committee to examine and report on missing Indian residential school children and missing records.  The Senate is part of the federal government, the major party to the 2006 Indian Residential Schools Settlement Agreement under which Canadian taxpayers paid out billions of dollars to have all matters related to Indian residential schools settled once and for all – not re-opened by the Senate Committee on a whim.  The Senate Committee has thus interpreted the Order of Reference as giving it an authority the full Senate did not explicitly mention, and in fact had no power to grant to the Committee.

During its proceedings over the past two years, the Senate Committee did not trouble itself to prove that there actually are missing Indian residential school children.  Instead, the Committee operated on the basis that there are missing children even when Special Interlocutor Kimberly Murray told the Committee that ‘The children aren’t missing’.

Based on the false assumption that there are missing Indian residential children, the Committee proceeded to castigate those the Committee falsely claimed were ‘withholding’ records which would help to find them.

In doing so, the Committee ignored the fact that the only body which was ever actually entitled to records was the Truth and Reconciliation Commission (TRC).

Under the 2006 Indian Residential Schools Settlement Agreement, $60 million dollars was allocated to fund a Truth and Reconciliation Commission, and section 11 of the TRC’s Schedule N mandate stated that, subject to privacy interests:

Canada and the churches will provide all relevant documents in their possession or control to and for the use of the Truth and Reconciliation Commission.

It should be noted that under the TRC’s Schedule N mandate important limitations were put in place stipulating who was obligated to provide documents to the TRC, how long that obligation was to exist, and what was to be done in case of a dispute about the production of documents.  The TRC’s Schedule N mandate provided that:

(1) only the federal government and the churches  – i.e., not provincial governments or any other entity – were obliged to provide documents;

(2) the federal government and churches were only obliged to provide documents to the TRC during the TRC’s five-year mandate; and

(3) under section 2(l) of the TRC’s Schedule N mandate any ‘disputes over document production’ would be referred to an officially-designated body, the National Administration Committee (NAC) set up under section 4.11 of the 2006 Settlement Agreement.

The TRC concluded its work and issued a final report in 2015.  That marked the end of any obligation on the part of the federal government and the churches to provide documents to the TRC, which ceased to exist and had no successor.

The Senate Committee has thus invented a problem where none existed.

That being the case – there was no problem until the Senate Committee invented one – exactly what is the problem the Senate Committee invented?

Again, one must refer back to the 2006 Settlement Agreement and the TRC’s Schedule N mandate.  Section 2(a) of the Schedule N mandate states that, subject to privacy legislation, the TRC was:

authorized and required in the public interest to archive all such documents, materials, and transcripts or records of statements received, in a manner that will ensure their preservation and accessibility to the public.

To fulfil this part of its mandate, in 2013 the TRC entered into a trust deed with the University of Manitoba by which the University undertook to preserve the TRC records and make them available to the general public.  That has not been done.  The University of Manitoba has not made the records generated by the TRC itself in the course of its work and the records turned over to it by the federal government and the churches prior to 2015 available to the general public on its National Centre for Truth and Reconciliation (NCTR) Archives website.  In particular, the University of Manitoba has not made available on its NCTR website the Sisters’ chronicles and Oblate codices which recorded daily life in the schools.  Instead, the University has allowed its staff at the NCTR (which is not a legal entity and is not a successor to the TRC, but merely a building on the University of Manitoba campus staffed by University of Manitoba employees) to turn its millions of digitized records into a publicly-funded Indigenous genealogical service, as Head Archivist Raymond Frogner has explained on several occasions, and as Tanya Talaga documents in her new book, The Knowing.

Thus, if the Senate Committee had wanted to investigate an actual problem, it could have investigated why the University of Manitoba has not complied with its legal obligations under the 2013 trust deed and has not made the TRC records available to the general public as mandated by the 2006 Indian Residential Schools Settlement Agreement and the TRC’s Schedule N mandate, particularly the Sisters’ chronicles and Oblate codices which recorded daily life in the schools.

Instead of investigating that very real problem, the Senate Committee pursued a problem of its own invention by falsely claiming that records were being withheld from the ‘NCTR’ by Catholic church and provincial entities.  This appears to be deliberate obfuscation because the Senate Committee must surely know that the NCTR is not a legal entity, and thus cannot legally receive documents.  The actual recipient of documents sent to the ‘NCTR’ is the University of Manitoba, a fact which is never mentioned in the Senate report.  Moreover the Senate report provided no evidence that any documents were actually being withheld, which of course it could not have done even had it tried since there is no legal obligation on the part of any entity to provide the University of Manitoba and the University’s NCTR staff with documents or records.

Ignoring the fact that it had invented a non-existent problem, the Senate Committee forged ahead, holding hearings and threatening to compel the attendance of witnesses.  It is noteworthy that in so doing the Committee engaged in conduct which the TRC itself was forbidden to engage in under its Schedule N mandate, which states that ‘Pursuant to the Court-approved final settlement agreement and the class action judgments’, the TRC:

(b) shall not hold formal hearings, nor act as a public inquiry, nor conduct a formal legal process;

(c) shall not possess subpoena powers, and do not have powers to compel attendance or participation in any of its activities or events.  Participation in all Commission events and activities is entirely voluntary;

Here is what Senator Scott Tannas had to say about holding hearings and hauling up witnesses in public on 21 March 2023 in an exchange with the University of Manitoba’s employee, Stephanie Scott:

Senator Tannas: Thank you for being here today. Ms. Scott, you mentioned that there are still organizations and people with data that has not been turned over to you. We all want to do things to help. Part of helping is listening and talking, but sometimes part of help that we can provide is to actually do something. Here in the Senate, we do have the ability to hold oversight hearings. We can compel people to come and testify before us. What would you think if you gave us the names and the contacts for organizations that aren’t providing data, and we’ll haul them up here in public and we’ll ask them why?

Ms. Scott: I would love for you to do that. We have been waiting a long time, and I think it’s absolutely crucial. When Tk’emlúps happened and the children began to speak from beyond, that’s when the world and the landscape changed for us. We used to have to do a lot of reaching out across the country, developing partnerships, still trying to acquire different records. We have worked closely — I think it’s time — the time is now, the time could be today that you call upon those people, and I would be more than willing to share that information with you. We have done a public media campaign. There are no secrets. Everything has been public and we all know what’s happened, many of us here at this table. If you are willing to do that, I respectfully would ask you to help.

Senator Tannas: I certainly would advocate for that. If you want to send the clerk, for future discussions, the name of let’s say the three most flagrant and obvious resistors, we could start maybe there and talk about it as a group. All senators would have to agree that’s a kind of meeting that we were going to have. To me, there is a time for action. As Senator Arnot mentioned, we’re not going to get anywhere until we get all the data. We won’t get to the full and complete truth, which is what all Canadians should want. It’s the only way we’re going to move forward. Thank you, that’s the only question I had.

‘Flagrant and obvious resistors’?  It is unconscionable that Stephanie Scott, an employee of the University of Manitoba, would agree to provide (and did provide) the Senate Committee with a list of ‘flagrant and obvious resistors’ when she has to be aware that there is no legal obligation on the part of any entity to provide a single document to the University of Manitoba or its NCTR staff.

But even more importantly, it is unconscionable that the University of Manitoba and its NCTR employees continue to pretend that there are missing children, and continue to pretend that the University needs millions of records to identify these non-existent missing children.

Does the Senate Committee’s report further reconciliation? Obviously not.  The report misleads Canadians, both Indigenous and non-Indigenous, in a way which is harmful to both by pretending that thousands of Indian residential school children are missing who are not missing, and that the provinces and the Catholic Church are withholding records that would help find them.

The Senate Committee should immediately withdraw its July 2024 interim report.

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

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Frontier Centre for Public Policy

Tent Cities Were Rare Five Years Ago. Now They’re Everywhere

Published on December 25, 2025

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From the Frontier Centre for Public Policy

By Marco Navarro-Genie

Canada’s homelessness crisis has intensified dramatically, with about 60,000 people homeless this Christmas and chronic homelessness becoming entrenched as shelters overflow and encampments spread. Policy failures in immigration, housing, monetary policy, shelters, harm reduction, and Indigenous governance have driven the crisis. Only reversing these policies can meaningfully address it.

Encampments that were meant to be temporary have become a permanent feature in our communities

As Canadians settle in for the holiday season, 60,000 people across this country will spend Christmas night in a tent, a doorway, or a shelter bed intended to be temporary. Some will have been there for months, perhaps years. The number has quadrupled in six years.

In October 2024, enumerators in 74 Canadian communities conducted the most comprehensive count of homelessness this country has attempted. They found 17,088 people sleeping without shelter on a single autumn night, and 4,982 of them living in encampments. The count excluded Quebec entirely. The real number is certainly higher.

In Ontario alone, homelessness increased 51 per cent between 2016 and 2024. Chronic homelessness has tripled. For the first time, more than half of all homelessness in that province is chronic. People are no longer moving through the system. They are becoming permanent fixtures within it.

Toronto’s homeless population more than doubled between April 2021 and October 2024, from 7,300 to 15,418. Tents now appear in places that were never seen a decade ago. The city has 9,594 people using its shelter system on any given night, yet 158 are turned away each evening because no beds are available.

Calgary recorded 436 homeless deaths in 2023, nearly double the previous year. The Ontario report projects that without significant policy changes, between 165,000 and 294,000 people could experience homelessness annually in that province alone by 2035.

The federal government announced in September 2024 that it would allocate $250 million over two years to address encampments. Ontario received $88 million for ten municipalities. The Association of Municipalities of Ontario calculated that ending chronic homelessness in their province would require $11 billion over ten years. The federal contribution represents less than one per cent of what is needed.

Yet the same federal government found $50 billion for automotive subsidies and battery plants. They borrow tonnes of money to help foreign car manufacturers with EVs, while tens of thousands are homeless. But money alone does not solve problems. Pouring billions into a bureaucratic system that has failed spectacularly without addressing the policies that created the crisis would be useless.

Five years ago, tent cities were virtually unknown in most Canadian communities. Recent policy choices fuelled it, and different choices can help unmake it.

Start with immigration policy. The federal government increased annual targets to over 500,000 without ensuring housing capacity existed. Between 2021 and 2024, refugees and asylum seekers experiencing chronic homelessness increased by 475 per cent. These are people invited to Canada under federal policy, then abandoned to municipal shelter systems already at capacity.

Then there is monetary policy. Pandemic spending drove inflation, which made housing unaffordable. Housing supply remains constrained by policy. Development charges, zoning restrictions, and approval processes spanning years prevent construction at the required scale. Municipal governments layer fees onto new developments, making projects uneconomical.

Shelter policy itself has become counterproductive. The average shelter stay increased from 39 days in 2015 to 56 days in 2022. There are no time limits, no requirements, no expectations. Meanwhile, restrictive rules around curfews, visitors, and pets drive 85 per cent of homeless people to avoid shelters entirely, preferring tents to institutional control.

The expansion of harm reduction programs has substituted enabling for treatment. Safe supply initiatives provide drugs to addicts without requiring participation in recovery programs. Sixty-one per cent cite substance use issues, yet the policy response is to make drug use safer rather than to make sobriety achievable. Treatment programs with accountability would serve dignity far better than an endless supply of free drugs.

Indigenous people account for 44.6 per cent of those experiencing chronic homelessness in Northern Ontario despite comprising less than three per cent of the general population. This overrepresentation is exacerbated by policies that fail to recognize Indigenous governance and self-determination as essential. Billions allocated to Indigenous communities are never scrutinized.

The question Canadians might ask this winter is whether charity can substitute for competent policy. The answer is empirically clear: it cannot. What is required before any meaningful solutions is a reversal of the policies that broke it.

Marco Navarro-Genie is vice-president of research at the Frontier Centre for Public Policy and co-author with Barry Cooper of Canada’s COVID: The Story of a Pandemic Moral Panic (2023).

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Agriculture

The Climate Argument Against Livestock Doesn’t Add Up

Published on December 23, 2025

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From the Frontier Centre for Public Policy

By Joseph Fournier

Livestock contribute far less to emissions than activists claim, and eliminating them would weaken nutrition, resilience and food security

The war on livestock pushed by Net Zero ideologues is not environmental science; it’s a dangerous, misguided campaign that threatens global food security.

The priests of Net Zero 2050 have declared war on the cow, the pig and the chicken. From glass towers in London, Brussels and Ottawa, they argue that cutting animal protein, shrinking herds and pushing people toward lentils and lab-grown alternatives will save the climate from a steer’s burp.

This is not science. It is an urban belief that billions of people can be pushed toward a diet promoted by some policymakers who have never worked a field or heard a rooster at dawn. Eliminating or sharply reducing livestock would destabilize food systems and increase global hunger. In Canada, livestock account for about three per cent of total greenhouse gas emissions, according to Environment and Climate Change Canada.

Activists speak as if livestock suddenly appeared in the last century, belching fossil carbon into the air. In reality, the relationship between humans and the animals we raise is older than agriculture. It is part of how our species developed.

Two million years ago, early humans ate meat and marrow, mastered fire and developed larger brains. The expensive-tissue hypothesis, a theory that explains how early humans traded gut size for brain growth, is not ideology; it is basic anthropology. Animal fat and protein helped build the human brain and the societies that followed.

Domestication deepened that relationship. When humans raised cattle, sheep, pigs and chickens, we created a long partnership that shaped both species. Wolves became dogs. Aurochs, the wild ancestors of modern cattle, became domesticated animals. Junglefowl became chickens that could lay eggs reliably. These animals lived with us because it increased their chances of survival.

In return, they received protection, veterinary care and steady food during drought and winter. More than 70,000 Canadian farms raise cattle, hogs, poultry or sheep, supporting hundreds of thousands of jobs across the supply chain.

Livestock also protected people from climate extremes. When crops failed, grasslands still produced forage, and herds converted that into food. During the Little Ice Age, millions in Europe starved because grain crops collapsed. Pastoral communities, which lived from herding livestock rather than crops, survived because their herds could still graze. Removing livestock would offer little climate benefit, yet it would eliminate one of humanity’s most reliable protections against environmental shocks.

Today, a Maasai child in Kenya or northern Tanzania drinking milk from a cow grazing on dry land has a steadier food source than a vegan in a Berlin apartment relying on global shipping. Modern genetics and nutrition have pushed this relationship further. For the first time, the poorest billion people have access to complete protein and key nutrients such as iron, zinc, B12 and retinol, a form of vitamin A, that plants cannot supply without industrial processing or fortification. Canada also imports significant volumes of soy-based and other plant-protein products, making many urban vegan diets more dependent on long-distance supply chains than people assume. The war on livestock is not a war on carbon; it is a war on the most successful anti-poverty tool ever created.

And what about the animals? Remove humans tomorrow and most commercial chickens would die of exposure, merino sheep would overheat under their own wool and dairy cattle would suffer from untreated mastitis (a bacterial infection of the udder). These species are fully domesticated. Without us, they would disappear.

Net Zero 2050 is a climate target adopted by federal and provincial governments, but debates continue over whether it requires reducing livestock herds or simply improving farm practices. Net Zero advocates look at a pasture and see methane. Farmers see land producing food from nothing more than sunlight, rain and grass.

So the question is not technical. It is about how we see ourselves. Does the Net Zero vision treat humans as part of the natural world, or as a threat that must be contained by forcing diets and erasing long-standing food systems? Eliminating livestock sends the message that human presence itself is an environmental problem, not a participant in a functioning ecosystem.

The cow is not the enemy of the planet. Pasture is not a problem to fix. It is a solution our ancestors discovered long before anyone used the word “sustainable.” We abandon it at our peril and at theirs.

Dr. Joseph Fournier is a senior fellow at the Frontier Centre for Public Policy. An accomplished scientist and former energy executive, he holds graduate training in chemical physics and has written more than 100 articles on energy, environment and climate science.

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