215 Reasons for Transformative Change*

The wave of grief has been immense following the discovery of the unmarked graves of 215 Indigenous children on the grounds of the government-authorized, Catholic Church-run institution in Kamloops that does not deserve to be remembered as either residential or a school. Finally, Canadians everywhere are coming to terms with the agonizing truth that our country was founded in genocide, the reality of which is still with us. With that awareness, nothing can be as before.

At this time, space must be opened and respected for Indigenous voices and leadership, certainly in the territory of the Tk'emlúps te Secwépemc First Nation, but nationwide. That means space for survivors, relatives, friends and community members, to be as private or as public as they wish in responding to this wrenching revelation.  While not unexpected news for families who have carried the painful knowledge of the disappearance and deaths of these beloved children for generations, it is still devastating.

It is time for urgent action, beyond anything we have witnessed before. Responsibility for making that happen, and being part of what it must entail, lies with every one of us. It is not the pain and responsibility of Indigenous peoples to bear alone.

As two settler men who have worked over several decades in human rights leadership positions in Canada, sometimes from differing perspectives, we are determined to be part of that journey.  And we have an unequivocal message to governments and church leaders that the time of denying, delaying and certainly of obstructing the steps we must take, ends now.

We call attention to the insistent demands that have been made by Indigenous leaders in recent days. The agenda is clear. And that is perhaps the gravest indictment; that the agenda has long been in front of us, exhaustively enumerated through the Truth and Reconciliation Commission (TRC), National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), Royal Commission on Aboriginal Peoples, and numerous provincial inquiries.

Particularly troubling is that the TRC anticipated this very need, formulating six specific Calls to Action, numbered 71 through 76, dealing with “Missing Children and Burial Information”, to be overseen by the National Centre for Truth and Reconciliation, to whom the federal government was asked to “allocate sufficient resources”. As a starting point, in a matter of days, Prime Minister Trudeau should provide a full accounting of steps taken in response to those recommendations.

Declaring a National Day of Mourning in response to the overwhelming sorrow in the country should also be announced.

There is so much more to be done, and so many decades of failure to make up. We suggest the following as initial steps in that vital effort.

First, pursue truth. As recommended by the TRC, there is a pressing need for substantial resources to support exhaustive investigations, with required forensic and other expertise, to “plot the location of deceased residential school children” and make it possible “to inform the families of children who died at residential schools of the child’s burial location.” After Kamloops, nothing can be spared in implementing those recommendations.

Second, deliver justice.  What happened in Kamloops and in most if not all residential schools over more than a century, were crimes. They too must be investigated and pursued. Most perpetrators of those crimes are likely long dead. But the institutions, agencies and departments for whom they worked may well bear criminal or other legal liability.

Third, implement existing recommendations. There were 94 Calls to Action from the TRC and 231 Calls for Justice from MMIWG Inquiry. No more delays.

Fourth, end the court battles. For more than fifteen years, the federal government (under both parties) has gone to court to fight valiant efforts of the First Nations Child and Family Caring Society to secure equality for First Nations children. Redress efforts of residential school survivors are also tied up in lawsuits.  No more obstructive litigation.

Fifth, commit to human rights. Both the TRC and the MMIWG Inquiry called on Canada to adopt the UN Declaration on the Rights of Indigenous Peoples. Bill C-15, which would do precisely that, is currently before the Senate. In anticipation of an impending federal election, every effort must be made to ensure it passes in time.

Finally, be accountable. There is no national action plan in response to the MMIWG Inquiry, and there is a lack of clarity about the status of the TRC Calls to Action. That is not acceptable.  Prime Minister Trudeau should designate a member of Cabinet as a focal point, and that Minister should publish a detailed monthly account of progress towards implementation of both reports.

From this moment forward, and for 215 reasons, nothing can be as before.

 Alex Neve is a Senior Fellow in the Graduate School of Public and International Affairs, University of Ottawa and was Secretary General of Amnesty International Canada from 2000-2020.

Allan Rock is President Emeritus and a Professor of Law at the University of Ottawa and is a former Minister of Justice and Attorney General of Canada.

*Originally published as an opinion piece in the Ottawa Citizen on June 2, 2021.