Senate Urged to Expand Anti-Hate Bill to Cover Residential School Denialism
Senate Urged to Expand Anti-Hate Bill to Cover Residential School Denialism

With senators set to begin their detailed examination of the Liberal government's anti-hate bill, various groups are urging the Upper Chamber to broaden the list of prohibited symbols and to criminalize the denial of residential schools. The proposed legislation, Bill C-9, currently targets symbols associated with government-designated terrorist entities, as well as the swastika.

Witnesses Testify Before Senate Committee

During hearings before the Senate committee on human rights, witnesses and submitted briefs have called for amendments to the controversial bill. Terry Teegee, British Columbia regional chief for the Assembly of First Nations, testified that residential school denialism constitutes hate speech, not academic debate. He emphasized that such denialism re-traumatizes survivors, harms entire communities, disrespects children who never returned home, denies historical facts, and undermines truth and reconciliation efforts.

Definition of Residential School Denialism

Residential school denialism broadly refers to the downplaying or outright rejection of the harms caused by the Indian residential school system, which operated in Canada for decades. Thousands of Indigenous children were forced to attend church-run, government-funded institutions, where many experienced physical and sexual abuse and malnutrition, as documented by the Truth and Reconciliation Commission. The commission's 2015 final report estimated that between 4,000 and 6,000 children died while attending these schools.

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Calls for Stronger Protections

Teegee argued that the current bill fails to address rising anti-Indigenous racism and hate, particularly concerning First Nations' efforts to locate potential unmarked graves at former residential school sites using ground-penetrating radar. He noted that the Tk̓emlúps te Secwépemc First Nation, which announced the discovery of 215 potential unmarked graves in 2021, has had to establish 24-hour security due to trespassers attempting to exhume findings. The chief has also reported threats against band members. Teegee stated, "I’ve been a chief for 17 years. I’ve never seen it this bad."

Assembly of First Nations Resolution

The Assembly of First Nations passed a resolution in December calling for amendments to Bill C-9 to criminalize residential school denialism. Teegee also urged that the bill provide greater protections for former residential school sites and other sacred sites. Currently, the legislation proposes new offences for obstructing or intimidating individuals accessing places of worship, other gathering places for vulnerable groups, or cemeteries.

Potential Expansion of Symbol List

In addition to residential school denialism, some witnesses have called for the inclusion of the hammer and sickle symbol on the list of prohibited symbols. The bill currently targets symbols linked to terrorist entities and the swastika. Senator Kristopher Wells noted that justice officials have clarified that unmarked graves at former residential school sites and other Indigenous burial sites could be considered cemeteries under the bill's current definition, potentially offering some protection.

Next Steps

The Senate committee is expected to continue its study of Bill C-9, with potential amendments to be proposed in the coming weeks. The outcome will shape the final scope of Canada's anti-hate legislation.

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