Residential Schools | The idea of ​​a special court mentioned

(OTTAWA) An independent official appointed by the federal government to help Indigenous communities investigate unmarked graves at former residential school sites is questioning whether a special tribunal should prosecute or investigate related crimes.

Posted at 10:27

Stephanie Taylor
The Canadian Press

Kimberly Murray, who was appointed as a special spokesperson on this file in June, says justice issues often arise in her conversations with Indigenous communities and survivors.

Mme Murray is a former executive director of the Truth and Reconciliation Commission of Canada, who spent seven years investigating the residential school system.

The creation of the independent office she now heads was initiated on the heels of the discovery of what are believed to be hundreds of unmarked graves near where residential schools once operated.

In May, government statistics showed that at least 1,685 such graves were reported in nine First Nations.

The findings sparked awareness of the perennial consequences of residential schools and raised questions of accountability for the deaths and disappearances of Indigenous children, who were forced to attend government-funded, church-run institutions.

Distrust of the system

“I don’t think the current justice system in Canada is capable of doing this type of investigation and prosecution,” said Ms.me Murray on Thursday during an interview.

“So what’s the right answer?” »

She pointed out that the reports of the Truth and Reconciliation Commission document the history of distrust among Indigenous communities in the justice system. Mme Murray therefore plans to turn to international experts for advice.

“How can we sue the entities for any wrongdoing that has occurred? Is there a possibility for an ad hoc tribunal to do this? “, she advanced.

A special prosecutor mentioned

Some stakeholders, including the Native Women’s Association of Canada and the federal New Democrats, have suggested appointing a special prosecutor.

Justice Department officials explored the possibility of doing so last year, according to a heavily redacted briefing note that was recently sent to The Canadian Press through the Access to Information Act. .

“Crimes that may have been committed include those related to the death of children, those committed in relation to the disposal of bodies and past, present and future crimes in relation to the burial grounds themselves (including their management ),” the document reads.

In January, federal officials said they did not believe it would be possible to appoint a prosecutor – but left the door open for the special contact, who had not yet been named.

Although making policy recommendations is an important part of Mr.me Murray, she said she spent much of her time meeting with different communities, organizing rallies, and helping survivors of residential schools find records.

Kimberly Murray has been appointed for a two-year term and a progress report on her office’s work so far is due out next week.


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