International tribunal begins investigation into missing Indigenous children and unmarked burials

Moccasins line the wall behind seven international judges from the Permanent People’s Tribunal, hearing evidence at the daphne art centre in Montreal.

In front of them, two chairs draped with a blanket hold small red wrapped bundles and two small plates of food.

“The chairs are to recognize those disappeared children that never came home,” said Christa Big Canoe, an Anishinaabe lawyer and the lead prosecutor for the tribunal.

On Monday, the tribunal began a week-long investigation into missing Indigenous children and unmarked burials associated with residential schools.

Requested by the Native Women’s Shelter of Montreal in 2024, the tribunal will hear from expert witnesses and examine evidence regarding Canada’s responsibility for the residential school system and the human rights violations associated with it.

“We’ll often hear people use terms like assimilation or attempts at assimilation,” said Big Canoe, who is also the legal director of Aboriginal Legal Aid, in her opening remarks.

“I want us to use the correct language. The correct language in this circumstance is genocide and crimes against humanity.”

The Permanent People’s Tribunal is an independent international court of opinion that has investigated human rights abuses globally since 1979.

The tribunal on missing children and unmarked burials marks its 57th session and second in Canada.

Tribunal opens

The proceedings Monday began with a sacred fire opening ceremony, followed by a performance by Wolastoqew musician Jeremy Dutcher.

Native Women’s Shelter of Montreal executive director Na’kuset and the tribunal’s secretary general provided opening remarks, followed by the reading of the indictment by Big Canoe.

The indictment, which was prepared by the Native Women’s Shelter of Montreal and Aboriginal Legal Services, calls upon Canada to answer for the policies and practices of the residential school system adopted over time by various administrations, which, according to the indictment, constitute genocide and crimes against humanity under international law.

“We submit respectfully that we’re giving you the tools to be able to make that determination,” Big Canoe said.

Crown-Indigenous Relations and Northern Affairs Canada has said the Government of Canada will not be participating in the proceedings.

Inside the art centre, an empty chair was set aside “as a symbol of Canada’s defence in this crucial and important and historic event,” Big Canoe said.

Testimony begins

Judges will hear from witnesses throughout the week, including two panels of residential school survivors, one panel of survivor-led initiatives and investigations experts, and one investigative journalism panel.

Kimberly Murray, Canada’s former independent special interlocutor for missing children and unmarked graves and burial sites, is testifying as an expert witness Monday afternoon.

“[The federal government] only make change when they’re forced to make change,” Murray told CBC Indigenous in an interview.

“It’s always up to the hard work of the survivors, Indigenous people, to chip away at the injustices that have happened.”

Murray said that beyond examining Canada’s accountability, the tribunal is an opportunity for survivors and Indigenous communities “to be heard and acknowledge the work that they’re doing and the importance of it,” as well as be an “antidote” for residential school denialism.

The tribunal is expected to issue an interim ruling at the end of the week. A full ruling is expected Sept. 30, the National Day for Truth and Reconciliation.

The Native Women’s Shelter of Montreal also plans to hold a five-day recovery gathering for all involved with the tribunal.

A national 24-hour Indian Residential School Crisis Line is available at 1-866-925-4419 for emotional and crisis referral services for survivors and those affected. 

Mental health counselling and crisis support are also available 24 hours a day, seven days a week through the Hope for Wellness hotline at 1-855-242-3310 or by online chat.