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Fraser Institute

No evidence of ‘mass graves’ or ‘genocide’ in residential schools

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From the Fraser Institute

” substantial pushback gradually developed among a group of retired judges, lawyers, professors, journalists and others who have had careers in researching and evaluating evidence. It’s no accident that most are retired, because that gives them some protection against attempts to silence them as “deniers.” “

The following is a summary of the 2023 book Grave Error: How the Media Misled Us (and the Truth About Residential Schools) by C.P. Champion and Tom Flanagan.

On May 27, 2021, Rosanne Casimir, Chief of the Tk’emlúps te Secwepemc (Kamloops Indian Band), announced that ground-penetrating radar (GPR) had located the remains of 215 “missing children” in an apple orchard on the site of a former residential school.

Politicians and media seized on the announcement, and stories of “mass unmarked graves” and “burials of missing children” ricocheted around Canada and indeed much of the world. Prime Minister Justin Trudeau set the tone of the public response by ordering Canadian flags to be flown at half-mast on all federal buildings to honour the “215 children whose lives were taken at the Kamloops residential school,” thus elevating the possible burials to the status of victims of foul play and making Canada sound like a charnel house of murdered children.

According to Canadian newspaper editors, the discovery of the so-called unmarked graves was the “news story of the year.” And the World Press Photo of the Year award went to a “haunting image of red dresses hung on crosses along a roadside, with a rainbow in the background, commemorating children who died at a residential school created to assimilate Indigenous children in Canada.”

These events created a narrative about the genocidal nature of residential schools, which were established in the 19th and 20th centuries by churches and the government to educate Indigenous children and assimilate them into Canadian society. That narrative went unchallenged at first. Yet substantial pushback gradually developed among a group of retired judges, lawyers, professors, journalists and others who have had careers in researching and evaluating evidence. It’s no accident that most are retired, because that gives them some protection against attempts to silence them as “deniers.” In the words of Janis Joplin, “Freedom’s just another word for nothin’ left to lose.” I published a book, which has been an Amazon Canada bestseller, proving Canadians’ desire for accurate information on this topic.

The book is a collection of some of the best pushback essays published in response to the Kamloops mythology. They analyze and critique the false narrative of unmarked graves, missing children, forced attendance and genocidal conditions at residential schools. The book’s title, Grave Error, summarizes the authors’ view of the Kamloops narrative. It is wrong, and not just wrong, but egregiously wrong. It deserves our sardonic title. And our book shows in detail just why and where the narrative is wrong.

Several of these authors, as well as others who have helped research and edit these publications, had for many years been writing for major metropolitan dailies, national magazines, academic journals, university presses and commercial publishers. However, they quickly learned that the corporate, legacy or mainstream media—in addition to religious leaders and politicians—have little desire to stand up to the narrative flow of a moral panic. They thus wrote about residential schools mainly in specialized journals such as The Dorchester Review, online daily media such as True North and the Western Standard, and online journals such as Unherd and History Reclaimed whose raison d’être is to challenge conventional wisdom.

For example, the first essay—“In Kamloops, Not One Body Has Been Found,” by Montreal historian Jacques Rouillard—has done more than any other single publication to punch holes in the false narrative of unmarked graves and missing children. Other essays punch more holes. Academic provocateur Frances Widdowson shows how the legend of murdered children and unmarked graves was spread by defrocked United Church minister Kevin Annett before it popped up at Kamloops. Retired professor Hymie Rubenstein and collaborators examine the “evidence” of unmarked graves, such as the results of the GPR, and find there’s nothing—repeat, nothing—there. Journalist Jonathan Kay explains how the media got the story completely wrong, generating the worst fake news in Canadian history. Retired professor Ian Gentles examines health conditions in the schools and shows that children were better off there than at home on reserves. My contribution criticizes the prolific but weak body of research purporting to show that attendance at residential schools created a historical trauma that’s responsible for the social pathologies in Indigenous communities. Retired professor Rodney Clifton recounts from personal experience how benign conditions could be in residential schools. And other essays explore other fallacies.

Our book demonstrates that all the major elements of the Kamloops narrative are either false or highly exaggerated. No unmarked graves have been discovered at Kamloops or elsewhere—not one. As of August 2023, there had been 20 announcements of soil “anomalies” discovered by GPR near residential schools across Canada; but most have not even been excavated, so what, if anything, lies beneath the surface remains unknown. Where excavations have taken place, no burials related to residential schools have been found.

In other words, there are no “missing children.” The fate of some children may have been forgotten with the passage of generations—forgotten by their own families, that is. But “forgotten” is not the same as “missing.” The myth of missing students arose from a failure of the Truth and Reconciliation Commission’s researchers to cross-reference the vast number of historical documents about residential schools and the children who attended them. The documentation exists, but the commissioners did not avail themselves of it.

Media stories about Indian residential schools are almost always accompanied by the frightening claim that 150,000 students were “forced to attend” these schools, but that claim is misleading at best. Children were not legally required to attend residential school unless no reserve day school was available; and even then, the law was only sporadically enforced. For students who did attend residential schools, an application form signed by a parent or other guardian was required. The simple truth is that many Indian parents saw residential schools as the best option available for their children.

Prior to 1990, residential schools enjoyed largely favourable media coverage, with many positive testimonials from former students. Indeed, alumni of residential schools comprised most of the emerging First Nations elite. But then Manitoba regional Chief Phil Fontaine appeared on a popular CBC television show hosted by Barbara Frum and claimed he had suffered sexual abuse at a residential school. He did not give details nor specify whether the alleged abusers were missionary priests, lay staff members or other students. Nonetheless, things went south quickly after Fontaine’s appearance, as claims of abuse multiplied and lawyers started to bring them to court.

To avoid clogging the justice system with lawsuits, the Liberal government of Paul Martin negotiated a settlement in 2005, which was accepted shortly afterwards by the Conservative government of Stephen Harper. Ultimately about $5 billion in compensation was paid to about 80,000 claimants, and in 2008 Prime Minister Harper publicly apologized for the existence of residential schools.

Harper might have thought that the payments and his apology would be the end of the story, but instead it became the beginning of a new chapter. The Truth and Reconciliation Commission (TRC) that he appointed took off in its own direction after the initial set of commissioners resigned and were replaced on short notice. The TRC held emotional public hearings around the country where “survivors” told their stories without fact-checking or cross-examination. The TRC concluded in 2015 that the residential schools amounted to “cultural genocide.”

Cultural genocide is a metaphor, an emotive term for assimilation or integration of an ethnic minority into an encompassing society. The next step, in turned out, was to start speaking with increasing boldness of a literal physical genocide involving real deaths. The claims about missing children, unmarked burials and “mass graves” reinforced a genocide scenario.

Perhaps sensing the weakness of their evidence-free position, purveyors of the genocide narrative are beginning to double down, demanding that criticism of their ideology be made illegal. For example, in 2022, Winnipeg NDP MP Leah Gazan, introduced a resolution declaring residential schools to be genocidal—the House of Commons gave unanimous consent.

So, there we are—a narrative about genocide in residential schools firmly established in the public domain while unbelievers are called heretics (“denialists”) and threatened with criminal prosecution. But don’t believe the hype, no matter how often the propositions are repeated. As the little boy said in Hans Christian Andersen’s fairytale, “The Emperor has no clothes.”

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Fraser Institute

Courts and governments caused B.C.’s property crisis—they’re not about to fix it

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From the Fraser Institute

By Bruce Pardy

In British Columbia, property rights are in turmoil. The B.C. Supreme Court recently declared that Aboriginal title exists on 800 acres of land in Richmond, a suburb of Vancouver. Aboriginal title, said the court, is “senior and prior” to fee simple interests. In the shadow of the decision, given the implications, Aboriginal title claims are receiving more attention. Kamloops and Sun Peaks ski resort are targets in one such claim. Meanwhile, the B.C. government has been conferring Aboriginal title across the province too. It continues to make agreements, such as on Haida Gwaii, to transfer control over land use in the province.

Courts and governments have caused this problem. The framers of Canada’s new constitution, adopted in 1982, excluded rights to private property. But at the last hour, they guaranteed existing Aboriginal rights and title. Over decades, the Supreme Court of Canada has expanded the scope of those rights. The recent decision about Richmond is a culmination of its work. That decision is under appeal, first to the B.C. Court of Appeal. After that, we may find out if the Supreme Court approves. But that could take years.

It’s not just the courts. In 2015, the Trudeau government agreed to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP says that Aboriginal groups have the right to own, use, develop and control any lands that they traditionally occupied or used. In 2019, the B.C. legislature incorporated UNDRIP into BC law. Known as DRIPA, the statute requires B.C. law to be consistent with UNDRIP. The NDP government has been granting Aboriginal title and control across the province accordingly.

What can be done? The Canadian constitution has an onerous amending formula. Repealing the section on Aboriginal rights would be next to impossible. So would adding private property guarantees to the Charter. But last week, Dwight Newman, professor of law at the University of Saskatchewan, suggested an alternative in the Post. Rather than attempt wholesale change, he proposed an amendment specific to B.C.

Section 43 is one of the ways to amend the Canadian constitution. It allows changes “in relation to any provision that applies to one or more, but not all, provinces.” The requirements are simple. The legislature in one province and the federal Parliament must both pass a resolution declaring the amendment. That’s it. Such a resolution, Newman suggests, could guarantee that private property in B.C. has priority over Aboriginal title.

He might be right. Section 43 has been used, for example, to alter constitutional denominational school rights in Quebec and Newfoundland. In 1993, New Brunswick used Section 43 to add a provision to the Charter about linguistic rights in the province.

But Section 43 might be narrower than hoped. The New Brunswick amendment was not challenged in court at the time of its enactment. So, yes, Section 43 was used to change the Charter, but not with judicial benediction. Moreover, the Supreme Court has not considered the ways in which Section 43 can be used. Section 43 amendments so far have been minor, mere “tweaks” to the constitutional order. We do not know what meaning the Court might give to “any provision that applies to one province.” It could mean any new provision, but more likely it means any existing provision that applies only to the province. Which would rule out using Section 43 to protect property rights from Aboriginal title in B.C. If the Court allowed Section 43 to be used for that purpose, then Section 43 could theoretically be used for anything, including amending the Charter wholesale until each province had its own version.

Even if Section 43 could be used to fix the property mess, it requires both the province and Ottawa to act. In addition, B.C. legislation requires that such changes be first approved by referendum. The B.C. and federal governments have helped to cause the crisis and continue to do so. They seem intent on undermining the system of land tenure in their own society. They are not likely to disrupt the constitution to frustrate their own work.

Moreover, there are other, simpler places to begin. The federal government could reverse its support for UNDRIP. The B.C. legislature could repeal DRIPA. Neither sitting government will do that. Few political actors will step out of line on Aboriginal questions, even to defend the country’s land, economy, and people. Will we discover whether there is anything more Canadian, after all, than acquiescence? In Canada, truth and reconciliation has morphed into fiction and capitulation.

Canada’s property crisis runs deep, and not just in B.C. Aboriginal rights are widely regarded as the natural and proper order of things. Special status for Aboriginal people is deeply ingrained in Canadian culture as well as the constitution. But it is dead wrong. Legal rights should not depend on lineage or group affiliation. Everyone born in Canada is native to the place. In a free country, laws apply not to distinctive peoples, but to individual people and their private property.

Bruce Pardy

Professor of Law, Queen’s University
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Alberta

ChatGPT may explain why gap between report card grades and standardized test scores is getting bigger

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From the Fraser Institute

By Paige MacPherson and Max Shang

In Alberta, the gap between report card grades and test/exam scores increased sharply in 2022—the same year ChatGPT came out.

Report card grades and standardized test scores should rise and fall together, since they measure the same group of students on the same subjects. But in Alberta high schools, report card grades are rising while scores on Provincial Achievement Tests (PAT) and diploma exams are not.

Which raises the obvious question—why?

Report card grades partly reflect student performance in take-home assignments. Standardized tests and diploma exams, however, quiz students on their knowledge and skills in a supervised environment. In Alberta, the gap between report card grades and test/exam scores increased sharply in 2022—the same year ChatGPT came out. And polling shows Canadian students now rely heavily on ChatGPT (and other AI platforms).

Here’s what the data show.

In Alberta, between 2016 and 2019 (the latest year of available comparable data), the average standardized test score covering math, science, social study, biology, chemistry, physics, English and French language arts was just 64, while the report card grade 73.3—or 14.5 per cent higher. Data for 2020 and 2021 are unavailable due to COVID-19 school closures, but between 2022 and 2024, the gap widened to 20 per cent. This trend holds regardless of school type, course or whether the student was male or female. Across the board, since 2022, students in Alberta high schools are performing significantly better in report card grades than on standardized tests.

Which takes us back to AI. According to a recent KPMG poll, 73 per cent of students in Canada (high school, vocational school, college and university) said they use generative AI in their schoolwork, an increase from the previous year. And 71 per cent say their grades improved after using generative AI.

If AI is simply used to aid student research, that’s one thing. But more than two-thirds (66 per cent) of those using generative AI said that although their grades increased, they don’t think they’re learning or retaining as much knowledge. Another 48 per cent say their “critical thinking” skills have deteriorated since they started using AI.

Acquiring knowledge is the foundation of higher-order thinking and critical analysis. We’re doing students a deep disservice if we don’t ensure they expand their knowledge while in school. And if teachers award grades, which are essentially inflated by AI usage at home, they set students up for failure. It’s the academic equivalent of a ski coach looking at a beginner and saying, “You’re ready for the black diamond run.” That coach would be fired. Awarding AI-inflated grades is not fair to students who will later struggle in college, the workplace or life beyond school.

Finally, the increasing popularity of AI underscores the importance of standardized testing and diploma exams. And parents knew this even before the AI wave. A 2022 Leger poll found 95 per cent of Canadian parents with kids in K-12 schools believe it’s important to know their child’s academic performance in the core subjects by a fair and objective measure. Further, 84 per cent of parents support standardized testing, specifically, to understand how their children are doing in reading, writing and mathematics. Alberta is one of the only provinces to administer standardized testing and diploma exams every year.

Clearly, parents should oppose any attempt to reduce accountability and objective testing in Alberta schools.

Paige MacPherson

Associate Director, Education Policy, Fraser Institute

Max Shang

Economist, Fraser Institute
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