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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 world’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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Frontier Centre for Public Policy

Budget 2024 as the eve of 1984 in Canada

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From the Frontier Centre for Public Policy

By Michael Melanson

Those who claim there are unmarked burials have painted themselves into a corner. If there are unmarked burials, there have had to be murders because why else would anyone attempt to conceal the deaths?

The Federal Government released its Budget 2024 last week. In addition to hailing a 181% increase in spending on Indigenous priorities since 2016, “Budget 2024 also proposes to provide $5 million over three years, starting in 2025-26, to Crown-Indigenous Relations and Northern Affairs Canada to establish a program to combat Residential School denialism.” Earlier this spring, the government proclaimed:

The government anticipates the Special Interlocutor’s final report and recommendations in spring 2024. This report will support further action towards addressing the harmful legacy of residential schools through a framework relating to federal laws, regulations, policies, and practices surrounding unmarked graves and burials at former residential schools and associated sites. This will include addressing residential school denialism.

Like “Reconciliation,” the exact definition of what the Federal government means by “residential school denialism” is not clear. In this vague definition, there is, of course, a potential for legislating vindictiveness.

What further action is needed to address “the harmful legacy of residential schools” except to enforce a particular narrative about the schools as being only harmful? Is it denialism to point out that many students, such as Tomson Highway and Len Marchand, had positive experiences at the schools and that their successful careers were, in part, made possible by their time in residential school? If the study of history is subordinated to promoting a particular political narrative, is it still history or has it become venal propaganda?

Since the sensational May 27, 2021, claim that 215 children’s remains had been found in a Kamloops orchard, the Trudeau government has been chasing shibboleths. The Kamloops claim remains unsubstantiated to this day in two glaring ways: no names of children missing from the Kamloops IRS (Indian Residential Schools) have been presented and no human remains have been uncovered. For anyone daring to point out this absence of evidence, their reward is being the target of a witch hunt. As we recently witnessed in Quesnel, B.C., to be labeled as a residential school denialist is to be drummed out of civil society.

If we must accept a particular political narrative of the IRS as the history of the IRS, does our freedom of conscience and speech have any meaning?

To the discredit of the Truth and Reconciliation Commission, fictions of missing and murdered children circulating long before the Commission’s inception were subsumed by the TRC (Truth and Reconciliation Commission). Unmarked graves and burials were incorporated into the TRC’s work as probable evidence of foul play. In the end, the TRC found no evidence of any murders committed by any staff against any students throughout the entirety history of the residential schools. Unmarked graves are explained as formerly marked and lawful graves that had since become lost due to neglect and abandonment. Unmarked burials, if they existed, could be construed as evidence of criminal acts, but such burials associated with the schools have never been proven to exist.

Those who claim there are unmarked burials have painted themselves into a corner. If there are unmarked burials, there have had to be murders because why else would anyone attempt to conceal the deaths? If there are thousands of unmarked burials, there are thousands of children who went missing from residential schools. How could thousands of children go missing from schools without even one parent, one teacher, or one Chief coming forward to complain?

There are, of course, neither any missing children nor unmarked burials and the Special Interlocutor told the Senate Committee on Indigenous People: “The children aren’t missing; they’re buried in the cemeteries. They’re missing because the families were never told where they’re buried.”

Is it denialism to repeat or emphasize what the Special Interlocutor testified before a Senate Committee? Is combating residential school denialism really an exercise in policing wrongthink? Like the beleaguered Winston in Orwell’s 1984, it is impossible to keep up with the state’s continual revision of the past, even the recent past.

For instance, the TRC’s massive report contains a chapter on the “Warm Memories” of the IRS. Drawing attention to those positive recollections is now considered “minimizing the harms of residential schools.”

In 1984, the state sought to preserve itself through historical revision and the enforcement of those revisions. In the Trudeau government’s efforts to enforce a revision of the IRS historical record, the state is not being preserved. How could it be if the IRS is now considered to be a colossal genocide? The intent is to preserve the party in government and if it means sending Canada irretrievably down a memory hole as a genocidaire, so be it.

Michael Melanson is a writer and tradesperson in Winnipeg.

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