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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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Energy

LNG leader: Haisla Nation Chief Councillor Crystal Smith on the worldā€™s first Indigenous project

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Haisla Nation Chief Councillor Crystal Smith during a press conference announcing that the Cedar LNG project has been given environmental approval in Vancouver, Tuesday March 14, 2023. CP Images photo

From the Canadian Energy Centre

By Will Gibson

‘Now we are working together to make our own opportunities as owners and developers of the resource’

Growing up in the 1980s, Crystal Smith felt supported and nourished by her community, the Haisla Nation along the shores of Kitimat, British Columbia. But at the same time, she also sensed the outside world had placed some limitations on her future. 

“I enjoyed a wonderful childhood with a solid foundation and lots of love, especially from my grandma Cecilia Smith. She raised me because I lost my mother and stepdad at a young age. But it wasn’t popular to be Indigenous when I grew up,” says Smith.  

“A lot of people would talk about how Indigenous people were not expected to be successful. That kind of talk really affected my confidence about what I could be.” 

Smith, now the Haisla Nation’s elected chief councillor, never wants children in her community to feel those constraints.  

Her community has seized on a major opportunity to build prosperity and resiliency for future generations. The Haisla Nation is a partner in the proposed $3.4 billion Cedar LNG project, the world’s first to have Indigenous ownership. A final go-ahead decision for the project to proceed is expected by the middle of this year 

Smith, who has served as board chair of the First Nations LNG Alliance since 2019, has already seen tangible changes in her community since the project was announced. 

“It’s hard to put into words about the impact on the ground in terms of how this opportunity has affected our members in their lives,” she says.  

“We were just interviewing candidates to serve as board directors on our economic development corporation and one candidate, who is from our community, just amazed me with how far he has come in terms of pursuing his education and how much his career has progressed.” 

The town of Kitimat on British Columbia’s west coast. LNG Canada site in background. Photo courtesy District of Kitimat

Of her own career, Smith says she knew since college that her future was in serving the community. She started working in the Haisla band administration in 2009 and was first elected chief councillor in 2017.  

“I was lucky because my family really pushed me to seek an education after high school, so I took the business program at Coast Mountain College. I also helped that I had mentors in my community, including my father Albert Robinson, who served as an elected Haisla councillor, and Ellis Ross (now an elected MLA in B.C), who was very inspiring in terms of his vision as chief councillor and encouraged me to take the step into elected office,” Smith says.  

“When I came back to the community from school, I knew I would end up working in our band office. I wanted to see more opportunities for people in my community and LNG provides that.” 

She already sees the benefits of the development, as well as the Haisla Nation’s participation in the LNG Canada project, within her own family including for her grandsons.  

“Xavier is six and he goes to the same school I attended as a child. He gets to learn parts of our culture, our teachings, as well as the value and importance of family and community. There’s more of an emphasis on our language and culture in the curriculum, which really makes me happy. Luka, who just turned two, will also attend that school when he’s old enough,” Smith says.  

“I want programs and services to meet our needs, not the level of government’s needs. And we need to make sure that it is sustainable not just for my grandsons or their peers but for seven generations beyond this one.” 

Cedar LNG is coming closer and closer to fruition, with all permits in place and early construction underway 

An eight-kilometre pipeline will be built connecting the recently completed Coastal GasLink pipeline to deliver natural gas to the floating Cedar LNG terminal located along the Douglas Channel near Kitimat.  

The facility will be capable of producing up to three million tonnes of liquefied natural gas every year, which will be transported by carriers through the Douglas Channel to Hecate Straight, using the existing deepwater shipping lane, to reach customers in the Asia-Pacific region.  

Powered entirely by renewable energy from BC Hydro, Cedar LNG will be one of the lowest carbon intensity LNG facilities in the world. Its so-called emissions intensity will be 0.08 per cent CO2 per tonne, compared to the global average of 0.35 per cent per tonne. 

Rendering courtesy Cedar LNG

 Up to 500 people will work on the project during the peak of construction. Approximately 100 people will be working at the facility full-time during operation, which is expected to start in the second half of 2028.  

Smith says the benefits of the project will extend beyond the 2,000 members of the Haisla Nation. 

“This work has really helped us reconnect with other Indigenous communities along pipelines and shipping routes,” she says.  

“When I was growing up, our communities never had the opportunity to come together because we were separated by the territorial boundaries imposed by the Indian Act. And we were fighting each other for financial scraps from Indian Affairs.  

“Now we are working together to make our own opportunities as owners and developers of the resource. That’s very empowering and the most important part. Participating in developing these resources provides independence. It’s the only solution for my nation and other Indigenous communities.” 

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Canadian Energy Centre

Trans Mountain completion shows victory of good faith Indigenous consultation

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Photo courtesy Trans Mountain Corporation

From the Canadian Energy Centre

By Joseph Quesnel

‘Now that the Trans Mountain expansion is finally completed, it will provide trans-generational benefits to First Nations involved’

While many are celebrating the completion of the Trans Mountain pipeline expansion project for its benefit of delivering better prices for Canadian energy to international markets, it’s important to reflect on how the project demonstrates successful economic reconciliation with Indigenous communities.

It’s easy to forget how we got here.

The history of Trans Mountain has been fraught with obstacles and delays that could have killed the project, but it survived. This stands in contrast to other pipelines such as Energy East and Keystone XL.

Starting in 2012, proponent Kinder Morgan Canada engaged in consultation with multiple parties – including many First Nation and Métis communities – on potential project impacts.

According to Trans Mountain, there have been 73,000 points of contact with Indigenous communities throughout Alberta and British Columbia as the expansion was developed and constructed. The new federal government owners of the pipeline committed to ongoing consultation during early construction and operations phase.

Beyond formal Indigenous engagement, the project proponent conducted numerous environmental and engineering field studies. These included studies drawing on deep Indigenous input, such as traditional ecological knowledge studies, traditional land use studies, and traditional marine land use studies.

At each stage of consultation, the proponent had to take into consideration this input, and if necessary – which occurred regularly – adjust the pipeline route or change an approach.

With such a large undertaking, Kinder Morgan and later Trans Mountain Corporation as a government entity had to maintain relationships with many Indigenous parties and make sure they got it right.

Trans Mountain participates in a cultural ceremony with the Shxw’ōwhámél First Nation near Hope, B.C. Photograph courtesy Trans Mountain

It was the opposite of the superficial “checklist” form of consultation that companies had long been criticized for.

While most of the First Nation and Métis communities engaged in good faith with Kinder Morgan, and later the federal government, and wanted to maximize environmental protections and ensure they got the best deal for their communities, environmentalist opponents wanted to kill the project outright from the start.

After the government took over the incomplete expansion in 2018, green activists were transparent about using cost overruns as a tactic to scuttle and defeat the project. They tried to make Trans Mountain ground zero for their anti-energy divestment crusade, targeting investors.

It is an amazing testament to importance of Trans Mountain that it survived this bad faith onslaught.

In true eco-colonialist fashion, the non-Indigenous activist community did not care that the consultation process for Trans Mountain project was achieving economic reconciliation in front of their eyes. They were “fair weather friends” who supported Indigenous communities only when they opposed energy projects.

They missed the broad support for the Trans Mountain expansion. As of March 2023, the project had signed agreements with 81 Indigenous communities along the proposed route worth $657 million, and the project has created over $4.8 billion in contracts with Indigenous businesses.

Most importantly, Trans Mountain saw the maturing of Indigenous capital as Indigenous coalitions came together to seek equity stakes in the pipeline. Project Reconciliation, the Alberta-based Iron Coalition and B.C.’s Western Indigenous Pipeline Group all presented detailed proposals to assume ownership.

Although these equity proposals have not yet resulted in a sale agreement, they involved taking that important first step. Trans Mountain showed what was possible for Indigenous ownership, and now with more growth and perhaps legislative help from provincial and federal governments, an Indigenous consortium will be eventually successful when the government looks to sell the project.

If an Indigenous partner ultimately acquires an equity stake in Trans Mountain, observers close to the negotiations are convinced it will be a sizeable stake, well beyond 10 per cent. It will be a transformative venture for many First Nations involved.

Now that the Trans Mountain expansion is finally completed, it will provide trans-generational benefits to First Nations involved, including lasting work for Indigenous companies. It will also demonstrate the victory of good faith Indigenous consultation over bad faith opposition.

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