Frontier Centre for Public Policy
False Claims, Real Consequences: The ICC Referrals That Damaged Canada’s Reputation
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.
Censorship Industrial Complex
Ottawa’s New Hate Law Goes Too Far
From the Frontier Centre for Public Policy
By Lee Harding
Ottawa says Bill C-9 fights hate. Critics say it turns ordinary disagreement into a potential crime.
Discriminatory hate is not a good thing. Neither, however, is the latest bill by the federal Liberal government meant to fight it. Civil liberties organizations and conservative commentators warn that Bill C-9 could do more to chill legitimate speech than curb actual hate.
Bill C-9 creates a new offence allowing up to life imprisonment for acts motivated by hatred against identifiable groups. It also creates new crimes for intimidation or obstruction near places of worship or community buildings used by identifiable groups. The bill adds a new hate propaganda offence for displaying terrorism or hate symbols.
The Canadian Civil Liberties Association (CCLA) warns the legislation “risks criminalizing some forms of protected speech and peaceful protest—two cornerstones of a free and democratic society—around tens of thousands of community gathering spaces in Canada.” The CCLA sees no need to add to existing hate laws.
Bill C-9 also removes the requirement that the Attorney General consent to lay charges for existing hate propaganda offences. The Canadian Constitution Foundation (CCF) calls this a major flaw, noting it removes “an important safeguard for freedom of expression that has been part of Canada’s law for decades.” Without that safeguard, decisions to prosecute may depend more on local political pressures and less on consistent national standards.
Strange as it sounds, hatred just will not be what it used to be if this legislation passes. The core problem begins with how the bill redefines the term itself.
Previously, the Supreme Court of Canada said hatred requires “extreme manifestations” of detestation or vilification that involve destruction, abhorrence or portraying groups as subhuman or innately evil. Instead, Bill C-9 defines hatred as “detestation or vilification,” stronger than “disdain or dislike.” That is a notably lower threshold. This shift means that ordinary political disagreement or sharp criticism could now be treated as criminal hatred, putting a wide range of protected expression at real risk.
The bill also punishes a hateful motivation more than the underlying crime. For example, if a criminal conviction prompted a sentence of two years to less than five years, a hateful motivation would add as much as an additional five years of jail time.
On paper, most Canadians may assume they will never be affected by these offences. In practice, the definition of “hate” is already stretched far beyond genuine threats or violence.
Two years ago, the 1 Million March for Children took place across Canada to protest the teaching of transgender concepts to schoolchildren, especially the very young. Although such opposition is a valid position, unions, LGBT advocates and even Newfoundland and Labrador Conservatives adopted the “No Space For Hate” slogan in response to the march. That label now gets applied far beyond real extremism.
Public pressure also shapes how police respond to protests. If citizens with traditional values protest a drag queen story hour near a public library, attendees may demand that police lay charges and accuse officers of implicit hatred if they refuse. The practical result is clear: officers may feel institutional pressure to lay charges to avoid being accused of bias, regardless of whether any genuine threat or harm occurred.
Police, some of whom take part in Pride week or work in stations decorated with rainbow colours in June, may be wary of appearing insensitive or intolerant. There have also been cases where residents involved in home invasion incidents were charged, and courts later determined whether excessive force was used. In a similar way, officers may lay charges first and allow the courts to sort out whether a protest crossed a line. Identity-related considerations are included in many workplace “sensitivity training” programs, and these broader cultural trends may influence how such situations are viewed. In practice, this could mean that protests viewed as ideologically unfashionable face a higher risk of criminal sanction than those aligned with current political priorities.
If a demonstrator is charged and convicted for hate, the Liberal government could present the prosecution as a matter for the justice system rather than political discretion. It may say, “It was never our choice to charge or convict these people. The system is doing its job. We must fight hate everywhere.”
Provincial governments that support prosecution will be shielded by the inability to show discretion, while those that would prefer to let matters drop will be unable to intervene. Either way, the bill could increase tensions between Ottawa and the provinces. This could effectively centralize political authority over hate-related prosecutions in Ottawa, regardless of regional differences in values or enforcement priorities.
The bill also raises concerns about how symbols are interpreted. While most Canadians would associate the term “hate symbol” with a swastika, some have linked Canada’s former flag to extremism. The Canadian Anti-Hate Network did so in 2022 in an educational resource entitled “Confronting and preventing hate in Canadian schools.”
The flag, last used nationally in 1965, was listed under “hate-promoting symbols” for its alleged use by the “alt-right/Canada First movement” to recall when Canada was predominantly white. “Its usage in modern times is an indicator of hate-promoting beliefs,” the resource insisted. If a historic Canadian symbol can be reclassified this easily, it shows how subjective and unstable the definition of a “hate symbol” could become under this bill.
These trends suggest the legislation jeopardizes not only symbols associated with Canada’s past, but also the values that supported open debate and free expression. Taken together, these changes do not merely target hateful behaviour. They create a legal framework that can be stretched to police dissent and suppress unpopular viewpoints. Rest in peace, free speech.
Lee Harding is a research fellow for the Frontier Centre for Public Policy.
Business
Canada Can Finally Profit From LNG If Ottawa Stops Dragging Its Feet
From the Frontier Centre for Public Policy
By Ian Madsen
Canada’s growing LNG exports are opening global markets and reducing dependence on U.S. prices, if Ottawa allows the pipelines and export facilities needed to reach those markets
Canada’s LNG advantage is clear, but federal bottlenecks still risk turning a rare opening into another missed opportunity
Canada is finally in a position to profit from global LNG demand. But that opportunity will slip away unless Ottawa supports the pipelines and export capacity needed to reach those markets.
Most major LNG and pipeline projects still need federal impact assessments and approvals, which means Ottawa can delay or block them even when provincial and Indigenous governments are onside. Several major projects are already moving ahead, which makes Ottawa’s role even more important.
The Ksi Lisims floating liquefaction and export facility near Prince Rupert, British Columbia, along with the LNG Canada terminal at Kitimat, B.C., Cedar LNG and a likely expansion of LNG Canada, are all increasing Canada’s export capacity. For the first time, Canada will be able to sell natural gas to overseas buyers instead of relying solely on the U.S. market and its lower prices.
These projects give the northeast B.C. and northwest Alberta Montney region a long-needed outlet for its natural gas. Horizontal drilling and hydraulic fracturing made it possible to tap these reserves at scale. Until 2025, producers had no choice but to sell into the saturated U.S. market at whatever price American buyers offered. Gaining access to world markets marks one of the most significant changes for an industry long tied to U.S. pricing.
According to an International Gas Union report, “Global liquefied natural gas (LNG) trade grew by 2.4 per cent in 2024 to 411.24 million tonnes, connecting 22 exporting markets with 48 importing markets.” LNG still represents a small share of global natural gas production, but it opens the door to buyers willing to pay more than U.S. markets.
LNG Canada is expected to export a meaningful share of Canada’s natural gas when fully operational. Statistics Canada reports that Canada already contributes to global LNG exports, and that contribution is poised to rise as new facilities come online.
Higher returns have encouraged more development in the Montney region, which produces more than half of Canada’s natural gas. A growing share now goes directly to LNG Canada.
Canadian LNG projects have lower estimated break-even costs than several U.S. or Mexican facilities. That gives Canada a cost advantage in Asia, where LNG demand continues to grow.
Asian LNG prices are higher because major buyers such as Japan and South Korea lack domestic natural gas and rely heavily on imports tied to global price benchmarks. In June 2025, LNG in East Asia sold well above Canadian break-even levels. This price difference, combined with Canada’s competitive costs, gives exporters strong margins compared with sales into North American markets.
The International Energy Agency expects global LNG exports to rise significantly by 2030 as Europe replaces Russian pipeline gas and Asian economies increase their LNG use. Canada is entering the global market at the right time, which strengthens the case for expanding LNG capacity.
As Canadian and U.S. LNG exports grow, North American supply will tighten and local prices will rise. Higher domestic prices will raise revenues and shrink the discount that drains billions from Canada’s economy.
Canada loses more than $20 billion a year because of an estimated $20-per-barrel discount on oil and about $2 per gigajoule on natural gas, according to the Frontier Centre for Public Policy’s energy discount tracker. Those losses appear directly in public budgets. Higher natural gas revenues help fund provincial services, health care, infrastructure and Indigenous revenue-sharing agreements that rely on resource income.
Canada is already seeing early gains from selling more natural gas into global markets. Government support for more pipelines and LNG export capacity would build on those gains and lift GDP and incomes. Ottawa’s job is straightforward. Let the industry reach the markets willing to pay.
Ian Madsen is a senior policy analyst at the Frontier Centre for Public Policy.
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