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Frontier Centre for Public Policy

False Claims, Real Consequences: The ICC Referrals That Damaged Canada’s Reputation

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From the Frontier Centre for Public Policy

By Nina Green

The University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one.

Why has Canada twice been referred to the International Criminal Court on the basis of false claims about Indian residential schools?

The answer is simple.

The ultimate cause is the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of Indian residential schools and students who went missing from Indian residential schools. The University of Manitoba site tells users to:

Click on a region below to see a list of residential schools. Each residential school page contains a list of students who died or went missing at that school.

Those claims by the University of Manitoba are not true.

Firstly, the majority of the 4139 students currently on the University of Manitoba’s Student Memorial Register did not die on the premises of an Indian residential school. Most died elsewhere, as established by the Truth and Reconciliation Commission report entitled Missing Children and Unmarked Burials, which is in Table 4. Location of residential school deaths, 1867–2000 on page 21 states that only 423 named students died on the premises of an Indian residential school over the course of 133 years, an average of 3 students a year.

Thus, the majority of students did not die on the premises of Indian residential schools. They died elsewhere – in public hospitals or of illness or accidents on their home reserves, accidents which included house fires, drownings, gunshot wounds, vehicle accidents, falling trees, being hit by trains, and other accidental deaths, as established in hundreds of provincial death certificates.

Secondly, none of the students on the University of Manitoba’s lists went missing from an Indian residential school. To date, the University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one. And far from being ‘missing’, in fact hundreds of provincial death certificates establish that the students were buried on their home reserves by their families and communities.

Based on the University of Manitoba’s misleading lists, the media and the federal government uncritically accepted the false claim by the Kamloops Band on 27 May 2021 that the Band had discovered ‘the remains of 215 children’. After three years, the Band downgraded that false claim on 18 May 2024 to the claim that it had merely discovered ‘215 anomalies’, which could be anything, and are almost certainly the remains of the 2000 linear feet of trenches of a septic field installed in 1924 to dispose of the school’s sewage.

The first referral to the International Criminal Court by a group of 22 lawyers

Only a few days after the Kamloops Band made its false claim, on 3 June 2021 a group of 22 lawyers sent a 14-page complaint to the ICC requesting the Prosecutor to initiate an investigation of a ‘mass grave’ of Indian residential school students which had been discovered at Kamloops. The claim by the 22 lawyers that a ‘mass grave’ had been discovered at Kamloops was, of course, false.

The International Criminal Court quickly declined jurisdiction in November 2021, and on 13 September 2022 Dr Chile Eboe-Osuji, former President and Judge of the International Criminal Court, informed Special Interlocutor Kimberly Murray and those present at her National Gathering in Edmonton of the reasons for doing so. As reported by Chief Derek Nepinak, Dr Eboe-Osuji stated unequivocally that:

There is no pathway to the International Criminal Court for the situation of the historical Indian residential school system in Canada.

Dr Eboe-Osuji’s presentation has never been made available on the Special Interlocutor’s website, and requests to both Kimberly Murray and Dr Eboe-Osuji for a copy of his presentation have gone unanswered.

The second referral to the International Criminal Court by Special Interlocutor Kimberly Murray

Undeterred by the ICC’s refusal to accept jurisdiction and the reasons offered by Dr Eboe-Osuji in his presentation to her 13 September 2022 National Gathering, Kimberly Murray pursued the issue based on the University of Manitoba’s lists falsely claiming that all the students on its lists died on the premises of specific Indian residential schools or went missing from those schools.

On 29 October 2024, Kimberly Murray delivered her final report to Minister of Justice Arif Virani. However, as she told the Senate Standing Committee on Indigenous Peoples on 27 November 2024, Kimberly Murray also sent her report to the International Criminal Court, requesting Canada’s prosecution by the Court.

How the ICC will react to Kimberly Murray’s referral of Canada for prosecution is as yet unknown.

Damage to Canada’s international reputation

Canada’s reputation has been irreparably damaged by these two referrals to the International Criminal Court based on the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of specific residential schools or went missing from those specific schools.

It cannot be reiterated often enough:

(1) that most students whose names are on the University of Manitoba’s National Student Memorial did not die on the premises of a residential school;

(2) that most students on the University of Manitoba’s National Student Memorial died in public hospitals or of illness and accidents on their home reserves;

(3) that the University of Manitoba has never provided the name of a single student who ever went missing from an Indian residential school whose parents didn’t know what happened to their child; and

(4) that the majority of students whose names are on the University of Manitoba’s National Student Memorial were buried by their families and communities on their home reserves. Over time, their families and communities have forgotten them, and through neglect of the grave markers, no longer know where in their reserve cemeteries they are buried.

The University of Manitoba’s National Student Memorial has misled Canadians and has resulted in two referrals of Canada for prosecution by the International Criminal Court based on false claims about ‘mass graves’ and ‘missing’ and ‘disappeared’ Indian residential school students.

The federal government and the Catholic Church must demand that the University of Manitoba take down its false and misleading National Student Memorial.

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

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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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Ottawa’s Newly Released Defence Plan Crosses a Dangerous Line

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From the Frontier Centre for Public Policy

By David Redman

Canada’s Defence Mobilization Plan blurs legal lines, endangers untrained civil servants, and bypasses provinces. The Plan raises serious questions about military overreach, readiness, and political motives behind rushed federal emergency planning.

The new defence plan looks simple on paper. The risks are anything but.

Canadians have grown used to bad news about the Canadian Armed Forces (CAF), but the newly revealed defence mobilization plan is in a category of its own.

After years of controversy over capability, morale, and leadership challenges, the military’s senior ranks now appear willing to back a plan that misunderstands emergency law, sidelines provincial authority, and proposes to place untrained civil servants in harm’s way.

The document is a Defence Mobilization Plan (DMP), normally an internal framework outlining how the military would expand or organize its forces in a major crisis.

The nine-page plan was dated May 30, 2025, but only reached public view when media outlets reported on it. One article reports that the plan would create a supplementary force made up of volunteer public servants from federal and provincial governments. Those who join this civil defence corps would face less restrictive age limits, lower fitness requirements, and only five days of training per year. In that time, volunteers would be expected to learn skills such as shooting, tactical movement, communicating, driving a truck, and flying a drone. They would receive medical coverage during training but not pensionable benefits.

The DMP was circulated to 20 senior commanders and admirals, including leaders at NORAD, NATO, special forces, and Cybercom. The lack of recorded objection can reasonably raise concerns about how thoroughly its implications were reviewed.

The legal context explains much of the reaction. The Emergencies Act places responsibility for public welfare and public order emergencies on the provinces and territories unless they request federal help. Emergency response is primarily a provincial role because provinces oversee policing, natural disaster management, and most front-line public services. Yet the DMP document seems to assume federal and military control in situations where the law does not allow it. That is a clear break from how the military is expected to operate.

The Emergency Management Act reinforces that civilian agencies lead domestic emergencies and the military is a force of last resort. Under the law, this means the CAF is deployed only after provincial and local systems have been exhausted or cannot respond. The Defence Mobilization Plan, however, presents the military as a routine responder, which does not match the legal structure that sets out federal and provincial roles.

Premiers have often turned to the military first during floods and fires, but those political habits do not remove the responsibility of senior military leaders to work within the law and respect their mandate.

Capacity is another issue. Combat-capable personnel take years to train, and the institution is already well below its authorized strength. Any task that diverts resources from readiness weakens national defence, yet the DMP proposes to assign the military new responsibilities and add a civilian component to meet them.

The suggestion that the military and its proposed civilian force should routinely respond to climate-related events is hard to square with the CAF’s defined role. It raises the question of whether this reflects policy misjudgment or an effort to apply military tools to problems that are normally handled by civilian systems.

The plan also treats hazards unrelated to warfighting as if the military is responsible for them. Every province and territory already has an emergency management organization that monitors hazards, coordinates responses and manages recovery. These systems use federal support when required, but the military becomes involved only when they are overwhelmed. If Canada wants to revive a 1950s-style civil defence model, major legislative changes would be needed. The document proceeds as if no such changes are required.

The DMP’s training assumptions deepen the concerns. Suggesting that tasks such as “shooting, moving, communicating, driving a truck and flying a drone” can be taught in a single five-day block does not reflect the standards of any modern military. These skills take time to learn and years to master.

The plan also appears aligned with the government’s desire to show quick progress toward NATO’s defence spending benchmark of two percent of GDP and eventually five percent. Its structure could allow civil servants’ pay and allowances to be counted toward defence spending.

Any civil servant who joins this proposed force would be placed in potentially hazardous situations with minimal training. For many Canadians, that level of risk will seem unreasonable.

The fact that the DMP circulated through senior military leadership without signs of resistance raises concerns about accountability at the highest levels. That the chief of the defence staff reconsidered the plan only after public criticism reinforces those concerns.

The Defence Mobilization Plan risks placing civil servants in danger through a structure that appears poorly conceived and operationally weak. The consequences for public trust and institutional credibility are becoming difficult to ignore.

David Redman had a distinguished military career before becoming the head of the Alberta Emergency Management Agency in 2004. He led the team in developing the 2005 Provincial Pandemic Influenza Plan. He retired in 2013. He writes here for the Frontier Centre for Public Policy.

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