‘Of national importance’: Mohawk Mothers go to Supreme Court over unmarked grave search at former Montreal hospital

The Mohawk Mothers, also known as the Kanien’keha:ka Kahnistensera, are bringing their case to Canada's Supreme Court.

They believe unmarked graves of Indigenous and non-Indigenous children may be located at the former Royal Victoria Hospital and Allan Memorial Psychiatric Institute, where McGill University is planning a campus expansion. McGill, however, claims that no evidence of unmarked graves has been discovered.

Kwetiio, a member of the Mohawk Mothers, expressed their frustration at a press conference in Ottawa, stating, "We’ve had enough of being treated like our lives matter less... Enough of the government giving us the runaround when we try to defend our rights."

In November 2023, a Quebec judge ordered McGill and the Société québecoise des infrastructures (SQI) to follow a previously agreed-upon deal, which involved an archaeological panel guiding the search process.

However, in August, the Quebec Court of Appeal overturned that order, declaring it unenforceable. McGill has expressed support for this decision.

Now, the Mohawk Mothers have filed a motion with the Supreme Court to ensure that the search is led by the panel of experts.

“Today we filed with the Supreme Court to protect our right to an independent investigation to search for our missing children and... to care take our land,” said Kwetiio. Kahentinetha added that they are facing "a political violation by the people of Canada."

Kimberly Murray, an independent special interlocutor who supports the Mohawk Mothers, noted the lack of national and provincial laws to protect Indigenous burial sites, emphasizing the importance of this case.

McGill argues that part of its agreement with the Mohawk Mothers was fulfilled when the panel submitted its second report in July 2023.

A spokesperson from McGill stated that the panel dissolved after completing its mandate and that the agreement includes seeking the panel’s advice if unexpected discoveries arise, though none have been found so far.

The Mohawk Mothers, however, accuse McGill and the SQI of selectively following the panel’s recommendations. Kwetiio stated that they ignored key advice, including the need for forensic caution, which led to the loss of evidence.

The psychiatric institute at the Royal Victoria Hospital was involved in mind control experiments during the 1950s and 1960s, and the Mohawk Mothers suspect that former patients may be buried at the site.

Murray mentioned that when evidence such as bones, shoes, and detection dogs sensing human remains were found, efforts to uncover the truth were obstructed.

McGill maintains that it has adhered to the agreement with the Mohawk Mothers, ensuring an Indigenous presence at the archaeological site, cultural ceremonies, and regular updates to the Kahnistensera.