Winnipeg MP introduces bill to criminalize residential school denialism
The chances the bill actually will be debated and pass into law are slim without it being adopted as a government bill by the Liberals.
An NDP MP has introduced a bill aimed at criminalizing the denial of residential schools, stating it would help prevent further harm to survivors, their families, and communities.
However, the likelihood of the bill being debated and passing into law is slim unless the Liberals adopt it as a government bill.
The private member’s bill proposes amendments to the Criminal Code, allowing charges to be laid against individuals who promote hatred against Indigenous Peoples by condoning, justifying, or downplaying the historical and lasting impact of residential schools.
Manitoba NDP MP Leah Gazan emphasized that the purpose of residential schools was to erase Indigenous cultures and languages. She added that if the government is committed to reconciliation, it must shield survivors and their families from hate.
“The residential school system was a genocide designed to wipe out Indigenous cultures, languages, families, and heritage. To downplay, deny, or justify it is cruel, harmful, and hateful. This should have no place in Canada,” Gazan said.
Over 150,000 children were forced into residential schools, with many survivors recounting abuse to the Truth and Reconciliation Commission. The last school closed in 1996. It is estimated that around 6,000 children died at these institutions, though experts believe the actual number could be significantly higher.
Gazan highlighted that families deserve the opportunity to heal from this "intergenerational tragedy" and urged parliamentarians to take a firm stand against those who attempt to discredit survivors' stories.
Under the proposed legislation, anyone who publicly condones, denies, downplays, or justifies the Indian residential school system, or misrepresents facts related to it, could face up to two years in prison.
The bill includes certain defenses, such as if the statements are true, in the public interest, meant to highlight hatred toward Indigenous Peoples, or expressed as a religious opinion.
Kimberly Murray, Canada’s special interlocutor for missing children and unmarked graves, has long called for government action to combat what she describes as residential school denialism. In a report last year, she detailed the growing attacks from denialists who challenge communities when unmarked graves are discovered.
“This violence is prolific,” the report stated. “It occurs via email, telephone, social media, op-eds, and sometimes in person.”
Murray cited the example of the Tk’emlúps te Secwépemc Nation's May 2021 announcement of 215 unmarked graves at the former Kamloops Indian Residential School. The discovery prompted widespread grief and anger, but also led to confrontations, with some people entering the site at night, armed with shovels, claiming they wanted to "see for themselves." The community also faced online attacks.
Last year, Gazan introduced a motion in the House of Commons that recognized residential schools as an act of genocide, which was unanimously passed by all parties.
On Thursday, Gazan presented her private member’s bill in honor of Orange Shirt Day, observed on Sept. 30 to remember the children who never returned home from residential schools.
“May you find justice and healing in the protection of your stories,” she said.
