National chief says ICC should probe disappearances of children from residential schools

The call for the International Criminal Court (ICC) to investigate the disappearance of Indigenous children from Canadian residential schools has gained momentum, with the National Chief of the Assembly of First Nations, Cindy Woodhouse Nepinak, expressing her support for the investigation. This comes after Kimberly Murray, the Independent Special Interlocutor on Missing Children and Unmarked Graves and burial sites, urged the ICC to reconsider its decision not to investigate the atrocities committed in residential schools.

Woodhouse Nepinak emphasized the need for justice for the survivors of the residential school system, noting that many of those responsible for the harm inflicted on Indigenous children were never held accountable. She highlighted the ongoing pain experienced by survivors and stressed the importance of addressing the historical injustices that continue to impact Indigenous communities.

Murray’s report outlined the lack of efforts by the federal government to locate missing children or preserve burial sites, pointing to Canada’s failure to provide access to crucial records that could help identify the children who never returned home from residential schools. She also highlighted the role of churches in withholding information about the fate of the children who died in their care.

The ICC previously declined to investigate the residential school system due to jurisdictional constraints, but Murray argued that the ongoing disappearance of Indigenous children warranted a reconsideration. She detailed the horrific crimes committed in residential schools, including accounts of babies being burned in incinerators and medical experiments conducted on children without their consent.

While some, like parliamentary secretary Jaime Battiste, questioned the feasibility of holding individuals accountable through the ICC, others, like Martha Sutherland, whose uncle disappeared from a residential school in 1941, insisted on the need for international intervention. Sutherland emphasized the lack of trust in Canada’s justice system to deliver true accountability for the atrocities committed in residential schools.

Legal experts weighed in on the potential challenges of pursuing an ICC investigation, noting the court’s mandate as a last resort for cases where domestic jurisdictions fail to deliver justice. However, they acknowledged the groundbreaking nature of such a case, which could set a precedent for addressing crimes against humanity involving enforced disappearances.

As the push for ICC intervention gains momentum, survivors, advocates, and legal experts continue to emphasize the importance of seeking justice for the victims of the residential school system. The call for accountability and truth-seeking remains a central focus in the ongoing efforts to address the legacy of colonialism and systemic oppression faced by Indigenous communities in Canada.