'Residential school denialism' to be criminalized under proposed bill from NDP MP

Fines or up to two years in jail could be handed out to those convicted of 'residential school denialism' under a new private member's bill proposed by NDP MP Leah Gazan.

'Residential school denialism' to be criminalized under proposed bill from NDP MP
The Canadian Press / Adrian Wyld
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A new private member's bill which aims to criminalize “residential school denialism” was introduced to the House of Commons by NDP MP Leah Gazan on Thursday.

If passed, bill C-413 could see individuals charged for “promoting hatred against Indigenous peoples by condoning, denying, downplaying or justifying the Indian residential school system in Canada through statements communicated other than in private conversation,” according to its draft.

“If the government is serious about reconciliation, then they need to protect survivors and their families from hate,” said Gazan in a statement published by the NDP.

“The residential school system was a genocide — designed to wipe out Indigenous cultures, languages, families and heritage. To downplay, deny or justify it is cruel, harmful and hateful. This should have no place in Canada.”

Gazan previously brought forward a motion in 2022 labelling the residential school as genocide, a motion that was backed by unanimous support from MPs. She also called for hate speech laws on so-called “denialism” in 2023.

Offenders of this proposed new crime could face fines up to $5,000 or two years in jail. Additionally, property or items used by any alleged offender could be forcefully forfeited to the Crown if convicted.

“This is totalitarianism,” warned Frances Widdowson, a professor at Mount Royal University in Calgary who was fired for criticizing aspects of "dominant residential school narratives," when speaking to CBC.

“We want to be very careful about regulating claims about historical events — even if we think those claims are misguided, ignorant or hurtful,” added Richard Moon, a law professor at the University of Windsor.

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