FIRST READING: Another NDP bill threatens to jail Canadians for speech
Two years in jail for any Canadian caught ‘condoning, denying, downplaying or justifying’ Indian residential schools

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For the third time in two years, a member of the NDP has introduced a private members’ bill
Last week, the House of Commons completed its first reading of Bill C-254, a private members’ bill introduced by the NDP’s Leah Gazan that would criminalize “residential school denialism.”
As the bill’s text states, any Canadian found to be “condoning, denying, downplaying or justifying the Indian residential school system” could be punished with up to two years in jail.
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A judge would also be able to order the forfeiture of “anything by means of or in relation to” the speech offence.
“Since the discovery of unmarked graves (we have seen) an increase in denialism about what occurred in the residential schools. This is horrific,” said Gazan in a Friday statement on Parliament Hill.
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This is the second time Gazan, the MP for Winnipeg Centre, has put forward a bill to jail who she’s called “residential school denialists.” She introduced an identical bill in the 44th Parliament.
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Bill C-254 also comes just 16 months after a private member’s bill by the NDP’s Charlie Angus that proposed to jail Canadians for speaking well of fossil fuels.
The Fossil Fuel Advertising Act, which died on the order paper with the dissolution of Parliament in March, would have prescribed strict punishments for any Canadian caught in the act of “promoting” a “fossil fuel, a fossil fuel-related brand element or the production of a fossil fuel.”
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If a normal citizen had been caught perpetrating such a promotion, the punishment could be as severe as a $500,000 fine. If done as a representative of an oil company, it would have prescribed a two-year jail term.
Gazan’s reintroduced bill comes just as an upstart B.C. political party, OneBC, is campaigning hard against the notion that the summer of 2021 had yielded a wave of previously undiscovered graves at the sites of former Indian residential schools.
“No graves in Kamloops. No genocide. No wrongs left to reconcile. No land, cash, or power grabs. No looking back,” read a social media post by OneBC leader Dallas Brodie responding to Bill C-254.
The “unmarked graves” phenomenon began in May 2021 when Tk’emlúps te Secwépemc First Nation in B.C. garnered international headlines by announcing that a ground-penetrating radar survey had found “the remains of 215 children” at the former site of the Kamloops Indian Residential School.
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The statement would prompt then prime minister Justin Trudeau to lower the flags on federal buildings to half-mast for an unprecedented five months.
Four years later, none of the 215 have been confirmed as graves, and Tk’emlúps te Secwépemc is now referring to the 215 as “anomalies.”
In August, a poll by the Angus Reid Institute found that Canadians still generally believed that Indian residential schools constituted a form of “cultural genocide” against Canadian Indigenous people (68 per cent agree vs. 23 per cent disagree).
Nevertheless, that same poll found that both Indigenous and non-Indigenous respondents were doubtful that the 215 anomalies were actually children’s graves
A majority of Canadians (Indigenous respondents 56 per cent, all respondents 63 per cent) said Canada should “only accept the claim if further information is publicly available to verify through excavation.”
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In 2021, Gazan twice referred to the 215 as lying in a “mass grave” — a claim that went beyond Tk’emlúps te Secwépemc’s initial statements, which had said simply that the 215 were unmarked burials.
Gazan changed this to “unmarked graves” in a June 1, 2021 House of Commons statement, and has not mentioned the alleged Kamloops Indian Residential School burials in her Parliamentary statements ever since.
Private members’ bills very seldom become law, and Bill C-254 does include multiple caveats under which a charge of “denialism” can be dismissed. Defences of Indian residential schools are allowed if it’s an “opinion based on a belief in a religious text” or if the accused is able to establish that “the statements communicated were true.”
The bill also specifies that Canadians are allowed to say whatever they want in “private conversation.”
Long before Tk’emlúps te Secwépemc ever commissioned a ground-penetrating radar survey at the Kamloops Indian Residential School, the seven-year-long Truth and Reconciliation Commission inquiry concluded that Canada’s system of Indian residential schools had featured outsized rates of student mortality, particularly in the pre-First World War era.
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As per the Commission’s 2015 final report, an estimated 3,200 children had died while attending Indian residential schools, predominantly from outbreaks of tuberculosis. Many of those were buried in on-site graveyards that were subsequently abandoned.




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