A bill tabled by a New Democratic Party (NDP) MP would make residential school denial criminal

A bill tabled Thursday in the House of Commons would make it a crime to deny the harm caused by the residential school system in Canada.

New Democratic Party (NDP) MP Leah Gazan tabled her Bill C-413, entitled “An Act to amend the Criminal Code (fostering hatred against indigenous peoples)”.

If passed, the bill would add to the Criminal Code “willfully promoting hatred against Indigenous peoples by condoning, denying, minimizing or justifying the Indian residential school system in Canada through the communication of statements otherwise than in a private conversation.

Under the proposal, a person found guilty could face up to two years in prison.

“All parliamentarians must take a stand against all forms of harmful hate speech, including denial of the tragedy of residential schools in Canada,” the NDP MP declared in the House of Commons on Thursday.

The latter added that survivors and their families need protection “at a time of growing denial of residential schools, including from some parliamentarians”.

Several incidents have occurred since the discovery of 215 anonymous graves in 2021 in Kamloops. A group of people allegedly attempted to dig on the grounds of the former residential school, according to a report from the independent special interlocutor for missing children and anonymous graves and burials linked to residential schools, Kimberly Murray

“House deniers entered the site without authorization. Some came in the middle of the night, equipped with shovels; they said they wanted to “see for themselves” if any children were buried there. Holocaust deniers have also attacked the community on social media,” reads its preliminary report published last year.

Last year, Mr.me Murray asked that federal parliamentarians study “legal mechanisms” aimed at punishing denial of the attacks suffered at residential schools. Federal Justice Minister Arif Virani said last fall that he would examine the suggested options.

The special interlocutor must present a final report containing “comprehensive recommendations” for the federal government before the end of her mandate, scheduled for fall 2024.

The Truth and Reconciliation Commission of Canada had identified at least 51 children who died at the Kamloops Indian residential school between the years 1914 and 1963. It is estimated that 6,000 children died in these schools, although experts estimate that the real number could be much higher.

In 2022, the House of Commons granted unanimous consent to the tabling of the NDP MP’s motion asking the government to recognize that there had been “genocide” in residential schools.

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