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Indigenous

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.

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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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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