A/HRC/54/31/Add.2
numerous accounts of Indigenous children who entered residential schools, hospitals and
mental health facilities and went missing, often with no information provided to their families.
Children were subjected to physical and sexual abuse. Many survivors now live with posttraumatic stress, substance abuse, depression and other mental health issues. Access to
information is critical for affected families looking for closure and healing.
27.
Since the discovery of the unmarked graves at the Kamloops residential school, there
has been an alarming rise in denialism among those who reject, misrepresent or downplay
the reality of the residential school system. This misinformation must be countered by
creating awareness about the true history of residential schools. Providing this education
requires preserving the large body of evidence collected by the Truth and Reconciliation
Commission documenting the grave and systemic violations of the human rights of the
Indigenous children who were forced to attend these institutions. The Supreme Court of
Canada has affirmed that the Indian Residential Schools Settlement Agreement allows for
the destruction of testimonies and other records in 2027. This action frustrates education
efforts and may obstruct future attempts to collect evidence of physical, sexual and emotional
abuse and other criminal wrongdoing, including potential information about the location of
unmarked burial sites.
28.
The Federal Government provided dedicated funding for Indigenous Peoples to
undertake research to identify missing children and unmarked burials. However, concerns
have been expressed by Indigenous representatives that the funding agreements do not allow
sufficient time to conduct investigations; do not cover all burial sites; and technically do not
permit funds to be used for legal assistance, exhumation and DNA matching.
29.
The negative legacies of colonialism and history of abuse and discrimination have left
survivors and their families with a deep mistrust of Canadian institutions. First Nations, Métis
and Inuit peoples want to lead the repatriation of the remains of their children in a culturally
relevant way with adequate financial support from Canada to cover the costs of forensic
investigation, exhumation and/or commemoration, healing and wellness. Additionally,
numerous concerns were presented about the 2023 technical arrangement with the
International Commission on Missing Persons that Canada reportedly concluded without
consulting Indigenous Peoples.
30.
Canada has taken important steps towards recognition and redress of the abuse and
trauma caused by Indian residential schools and day schools. In July 2022, the Federal
Government established the National Advisory Committee on Residential School Missing
Children and Unmarked Burials and appointed an Independent Special Interlocutor for
Missing Children and Unmarked Graves and Burial Sites. The Government has settled and
is continuing to resolve class action claims of survivors and their families. However, full
resolution of residential school claims is necessary to achieve true reconciliation, including
with regard to Catholic and other church-run institutions and residential schools established
by provinces, and the claims of Métis survivors and their families. Some survivors who
suffered severe trauma were not emotionally prepared to present claims by the Government’s
deadline but may wish to do so in the future. In accordance with the Calls to Action of the
Truth and Reconciliation Commission and general principles of international law, statutes of
limitations should not apply to grave crimes such as those committed in residential schools.
B.
Child welfare system
31.
The forced removal of Indigenous children from their families continues, as children
are placed in foster care or adopted, often off-reserve, reproducing the negative impacts of
residential schools.9 Despite comprising 7.7 per cent of the Canadian population, 53.8 per
cent of children in foster care are Indigenous;10 the figure is as high as 90 per cent in some
provinces. Entering the child welfare system increases the risk of incarceration and of
becoming murdered or missing. Indigenous youth, who make up 8 per cent of the population
9
10
6
A/HRC/27/52/Add.2, para. 31; and A/HRC/41/42/Add.1, para. 79.
See https://www150.statcan.gc.ca/n1/daily-quotidien/220921/dq220921a-eng.htm.
GE.23-13374