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24 Jul 2026<\/a><\/h1>\n\n\n\n
Law\u00adyer settles suit over \u2018graves\u2019<\/h1>\n\n\n\n
\u2018Deni\u00adal\u00adism\u2019 law \u2018the oppos\u00adite of the spirit of recon\u00adcili\u00adation\u2019<\/h2>\n\n\n\n
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MICHAEL HIGGINS Com\u00adment<\/p>\n\n\n\n
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Law\u00adyer settles suit over \u2018graves\u2019<\/h1>\n\n\n\n
\u2018Deni\u00adal\u00adism\u2019 law \u2018the oppos\u00adite of the spirit of recon\u00adcili\u00adation\u2019<\/h2>\n\n\n\n
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[Would-be Indian cesnors want to send you to jail for questioning this gobbledegook: “<\/p>\n\n\n\n
He said he recently vis\u00adited the Kam\u00adloops site and that First Nations did not have to prove there were bod\u00adies by exhum\u00ading them.<\/p>\n\n\n\n
\u201cThey are there and they send us mes\u00adsages telling us they\u2019re there,\u201d he said. \u201cYou can tell they\u2019re there, right? Feel the power and the energy. For some\u00adbody that\u2019s not from our com\u00admunit\u00adies, that doesn\u2019t under\u00adstand our cul\u00adture, you can\u00adnot under\u00adstand what that means.\u201d]<\/p>\n\n\n\n
24 Jul 2026<\/p>\n\n\n\n
Mak\u00ading crim\u00adin\u00adals out of people who merely ask ques\u00adtions about the res\u00adid\u00aden\u00adtial school sys\u00adtem is not the path to recon\u00adcili\u00adation, says B.C. law\u00adyer Jim Heller.<\/p>\n\n\n\n
Good\u00adwill and open dia\u00adlogue are needed far more than try\u00ading to imprison people under a \u201cdeni\u00adal\u00adism\u201d law, accord\u00ading to Heller, whose defam\u00ada\u00adtion suit against his own law soci\u00adety over poten\u00adtial graves at the former Kam\u00adloops Indian Res\u00adid\u00aden\u00adtial School was recently settled.<\/p>\n\n\n\n
Heller sees the Kam\u00adloops con\u00adtro\u00adversy as a soci\u00adetal sick\u00adness where facts and truth are side\u00adlined in favour of ideo\u00adlogy.<\/p>\n\n\n\n
\u201cAs a law\u00adyer, it is all about pro\u00admot\u00ading, devel\u00adop\u00ading, respect\u00ading and fine-tun\u00ading a pro\u00adcess, all in order to ask a ques\u00adtion. That\u2019s what it\u2019s all about, this kind of rig\u00ador\u00adous, ana\u00adlyt\u00adical, open, rational think\u00ading. And that is the found\u00ada\u00adtion of everything. It\u2019s so fun\u00adda\u00admental,\u201d he said in an inter\u00adview Tues\u00adday.<\/p>\n\n\n\n
But rigour and ana\u00adlysis are now absent in many parts of our insti\u00adtu\u00adtions, leav\u00ading them open to attack from out\u00adside forces, he said.<\/p>\n\n\n\n
\u201cThere\u2019s a weak\u00aden\u00ading and a sick\u00adness in our soci\u00adety, and it\u2019s just kind of per\u00admeated the insti\u00adtu\u00adtions,\u201d Heller said.<\/p>\n\n\n\n
\u201cIt\u2019s got to be cured. But maybe that won\u2019t hap\u00adpen. Maybe we\u2019re just soften\u00ading so that we\u2019ll have so little res\u00adist\u00adance for whatever\u2019s next, whether it\u2019s the Islami\u00adfic\u00ada\u00adtion of Canada or the CCP (Chinese Com\u00admun\u00adist Party) or some sort of con\u00adtrols we can\u2019t even anti\u00adcip\u00adate.\u201d<\/p>\n\n\n\n
Heller found him\u00adself in a battle with the Law Soci\u00adety of Brit\u00adish Columbia (LSBC) over anom\u00adalies dis\u00adcovered by ground-pen\u00adet\u00adrat\u00ading radar at the former Kam\u00adloops Res\u00adid\u00aden\u00adtial School. He objec\u00adted to man\u00addat\u00adory law soci\u00adety edu\u00adca\u00adtional mater\u00adi\u00adals that con\u00adtained the phrase, \u201cOn May 27, 2021, the Tk\u2019eml\u00faps te Secw\u00e9pemc Nation repor\u00adted the dis\u00adcov\u00adery of an unmarked burial site con\u00adtain\u00ading the bod\u00adies of 215 chil\u00addren on the former Kam\u00adloops Indian Res\u00adid\u00aden\u00adtial School grounds.\u201d<\/p>\n\n\n\n
When Heller sub\u00admit\u00adted a res\u00adol\u00adu\u00adtion to the law soci\u00adety\u2019s annual gen\u00aderal meet\u00ading stat\u00ading that no graves had been dis\u00adcovered and ask\u00ading the LSBC to insert the word \u201cpoten\u00adtial\u201d when dis\u00adcuss\u00ading the anom\u00adalies, he sud\u00addenly found him\u00adself under attack. One critic was the BC First Nations Justice Coun\u00adcil, which issued a state\u00adment ref\u00ader\u00aden\u00adcing a \u201cgrow\u00ading dis\u00adil\u00adlu\u00adsioned sect\u201d that was using \u201cdeni\u00adal\u00adism\u201d to down\u00adplay the hor\u00adrors of res\u00adid\u00aden\u00adtial schools.<\/p>\n\n\n\n
Heller claimed the LSBC pos\u00adted a link to the press release in an online state\u00adment know\u00ading it was defam\u00adat\u00adory. His law\u00adsuit alleged the LSBC refused to take down the press release and issue an apo\u00adlogy and a retrac\u00adtion.<\/p>\n\n\n\n
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We need good\u00adwill, the pre\u00adsump\u00adtion of good\u00adwill so we can have some real dia\u00adlogue.<\/p>\n<\/blockquote>\n\n\n\n
The law soci\u00adety denied defam\u00ading Heller as his suit moved through the courts. The case has now been settled, although the terms are con\u00adfid\u00aden\u00adtial.<\/p>\n\n\n\n
In May this year, the law soci\u00adety issued a cla\u00adri\u00adfic\u00ada\u00adtion stat\u00ading that \u201cto the degree it was under\u00adstood by some to have defamed Mr. Heller, the Law Soci\u00adety wishes to con\u00adfirm that was not its inten\u00adtion.\u201d<\/p>\n\n\n\n
What is so utterly bizarre about the case is that Heller was only try\u00ading to insert the word \u201cpoten\u00adtial\u201d in rela\u00adtion to the graves, which would have been truth\u00adful and fac\u00adtual. No graves and no bod\u00adies have been found at the site des\u00adpite a press release in 2021 from the Tk\u2019eml\u00faps te Secw\u00e9pemc that talked of \u201cthe remains of 215 chil\u00addren\u201d at Kam\u00adloops.<\/p>\n\n\n\n
As Heller poin\u00adted out, even the Tk\u2019eml\u00faps te Secw\u00e9pemc has changed the way it dis\u00adcusses the mat\u00adter, now opt\u00ading for terms like \u201cpoten\u00adtial graves\u201d and \u201canom\u00adalies\u201d at Kam\u00adloops.<\/p>\n\n\n\n
The danger for people like Heller is that they would almost cer\u00adtainly find them\u00adselves in the crosshairs of the law should \u201cdeni\u00adal\u00adism\u201d of res\u00adid\u00aden\u00adtial schools get into the Crim\u00adinal Code.<\/p>\n\n\n\n
Last week, First Nations held a press con\u00adfer\u00adence to call for a ban on res\u00adid\u00aden\u00adtial school deni\u00adal\u00adism, echo\u00ading a recent failed attempt by a sen\u00adator to make it illegal for any\u00adone to engage in the \u201ccon\u00addon\u00ading, deny\u00ading or down\u00adplay\u00ading\u201d of res\u00adid\u00aden\u00adtial schools, with a pro\u00adposed max\u00adimum pen\u00adalty of two years\u2019 impris\u00adon\u00adment.<\/p>\n\n\n\n
Dur\u00ading the press con\u00adfer\u00adence, Man\u00aditoba Kee\u00adwat\u00adinowi Oki\u00admakanak Grand Chief Gar\u00adrison Settee said Canada was per\u00adpetu\u00adat\u00ading hate by not passing a deni\u00adal\u00adism law.<\/p>\n\n\n\n
He said he recently vis\u00adited the Kam\u00adloops site and that First Nations did not have to prove there were bod\u00adies by exhum\u00ading them.<\/p>\n\n\n\n
\u201cThey are there and they send us mes\u00adsages telling us they\u2019re there,\u201d he said. \u201cYou can tell they\u2019re there, right? Feel the power and the energy. For some\u00adbody that\u2019s not from our com\u00admunit\u00adies, that doesn\u2019t under\u00adstand our cul\u00adture, you can\u00adnot under\u00adstand what that means.\u201d<\/p>\n\n\n\n
Such a stance does not sit well with Heller.<\/p>\n\n\n\n
\u201cHe\u2019s say\u00ading, \u2018We know this is true. The dead kids are there; they\u2019re talk\u00ading to us.\u2019 That\u2019s one thing for them to have that kind of out\u00adrageous belief and to make a point of doing a press con\u00adfer\u00adence,\u201d said Heller, \u201cbut you com\u00adbine that with, \u2018And we\u2019re going to court to make it illegal for you to even raise an eye\u00adbrow about that.\u2019 Well that\u2019s pretty incred\u00adible.\u201d<\/p>\n\n\n\n
Heller added that First Nations \u201cspeak in terms of poten\u00adtial and anom\u00adalies, but they still won\u2019t have a dis\u00adcus\u00adsion. That\u2019s ridicu\u00adlous. The very fact that you\u2019re using tent\u00adat\u00adive lan\u00adguage is like an invit\u00ada\u00adtion to talk.<\/p>\n\n\n\n
\u201cThis is the oppos\u00adite of the spirit of recon\u00adcili\u00adation. It\u2019s just crazy. We need good\u00adwill, the pre\u00adsump\u00adtion of good\u00adwill so we can have some real dia\u00adlogue.\u201d<\/p>\n\n\n\n
Unfor\u00adtu\u00adnately, con\u00adstruct\u00adive dia\u00adlogue, dis\u00adcus\u00adsion and dis\u00adcourse are sadly lack\u00ading in today\u2019s Canada.<\/p>\n\n\n\n
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National Post – (Latest Edition)<\/a><\/p>\n\n\n\n
24 Jul 2026<\/a><\/p>\n\n\n\n
Page 1<\/a><\/p>\n\n\n\n
Lawyer settles suit over \u2018graves\u2019<\/h1>\n\n\n\n
\u2018Denialism\u2019 law \u2018the opposite of the spirit of reconciliation\u2019<\/h2>\n\n\n\n
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- 24 Jul 2026<\/li>\n\n\n\n
- MICHAEL HIGGINS Comment<\/li>\n<\/ul>\n\n\n\n
B.C. lawyer Jim Heller, shown, sees the Kamloops graves controversy as a societal sickness where facts and truth are sidelined in favour of ideology, writes Michael Higgins.<\/figcaption><\/figure>\n\n\n\n Making criminals out of people who merely ask questions about the residential school system is not the path to reconciliation, says B.C. lawyer Jim Heller.<\/p>\n\n\n\n
Goodwill and open dialogue are needed far more than trying to imprison people under a \u201cdenialism\u201d law, according to Heller, whose defamation suit against his own law society over potential graves at the former Kamloops Indian Residential School was recently settled.<\/p>\n\n\n\n
Heller sees the Kamloops controversy as a societal sickness where facts and truth are sidelined in favour of ideology.<\/p>\n\n\n\n
\u201cAs a lawyer, it is all about promoting, developing, respecting and fine-tuning a process, all in order to ask a question. That\u2019s what it\u2019s all about, this kind of rigorous, analytical, open, rational thinking. And that is the foundation of everything. It\u2019s so fundamental,\u201d he said in an interview Tuesday.<\/p>\n\n\n\n
But rigour and analysis are now absent in many parts of our institutions, leaving them open to attack from outside forces, he said.<\/p>\n\n\n\n
\u201cThere\u2019s a weakening and a sickness in our society, and it\u2019s just kind of permeated the institutions,\u201d Heller said.<\/p>\n\n\n\n
\u201cIt\u2019s got to be cured. But maybe that won\u2019t happen. Maybe we\u2019re just softening so that we\u2019ll have so little resistance for whatever\u2019s next, whether it\u2019s the Islamification of Canada or the CCP (Chinese Communist Party) or some sort of controls we can\u2019t even anticipate.\u201d<\/p>\n\n\n\n
Heller found himself in a battle with the Law Society of British Columbia (LSBC) over anomalies discovered by ground-penetrating radar at the former Kamloops Residential School. He objected to mandatory law society educational materials that contained the phrase, \u201cOn May 27, 2021, the Tk\u2019eml\u00faps te Secw\u00e9pemc Nation reported the discovery of an unmarked burial site containing the bodies of 215 children on the former Kamloops Indian Residential School grounds.\u201d<\/p>\n\n\n\n
When Heller submitted a resolution to the law society\u2019s annual general meeting stating that no graves had been discovered and asking the LSBC to insert the word \u201cpotential\u201d when discussing the anomalies, he suddenly found himself under attack. One critic was the BC First Nations Justice Council, which issued a statement referencing a \u201cgrowing disillusioned sect\u201d that was using \u201cdenialism\u201d to downplay the horrors of residential schools.<\/p>\n\n\n\n
Heller claimed the LSBC posted a link to the press release in an online statement knowing it was defamatory. His lawsuit alleged the LSBC refused to take down the press release and issue an apology and a retraction.<\/p>\n\n\n\n
We need goodwill, the presumption of goodwill so we can have some real dialogue.<\/p>\n\n\n\n
The law society denied defaming Heller as his suit moved through the courts. The case has now been settled, although the terms are confidential.<\/p>\n\n\n\n
In May this year, the law society issued a clarification stating that \u201cto the degree it was understood by some to have defamed Mr. Heller, the Law Society wishes to confirm that was not its intention.\u201d<\/p>\n\n\n\n
What is so utterly bizarre about the case is that Heller was only trying to insert the word \u201cpotential\u201d in relation to the graves, which would have been truthful and factual. No graves and no bodies have been found at the site despite a press release in 2021 from the Tk\u2019eml\u00faps te Secw\u00e9pemc that talked of \u201cthe remains of 215 children\u201d at Kamloops.<\/p>\n\n\n\n
As Heller pointed out, even the Tk\u2019eml\u00faps te Secw\u00e9pemc has changed the way it discusses the matter, now opting for terms like \u201cpotential graves\u201d and \u201canomalies\u201d at Kamloops.<\/p>\n\n\n\n
The danger for people like Heller is that they would almost certainly find themselves in the crosshairs of the law should \u201cdenialism\u201d of residential schools get into the Criminal Code.<\/p>\n\n\n\n
Last week, First Nations held a press conference to call for a ban on residential school denialism, echoing a recent failed attempt by a senator to make it illegal for anyone to engage in the \u201ccondoning, denying or downplaying\u201d of residential schools, with a proposed maximum penalty of two years\u2019 imprisonment.<\/p>\n\n\n\n
During the press conference, Manitoba Keewatinowi Okimakanak Grand Chief Garrison Settee said Canada was perpetuating hate by not passing a denialism law.<\/p>\n\n\n\n
He said he recently visited the Kamloops site and that First Nations did not have to prove there were bodies by exhuming them.<\/p>\n\n\n\n
\u201cThey are there and they send us messages telling us they\u2019re there,\u201d he said. \u201cYou can tell they\u2019re there, right? Feel the power and the energy. For somebody that\u2019s not from our communities, that doesn\u2019t understand our culture, you cannot understand what that means.\u201d<\/p>\n\n\n\n
Such a stance does not sit well with Heller.<\/p>\n\n\n\n
\u201cHe\u2019s saying, \u2018We know this is true. The dead kids are there; they\u2019re talking to us.\u2019 That\u2019s one thing for them to have that kind of outrageous belief and to make a point of doing a press conference,\u201d said Heller, \u201cbut you combine that with, \u2018And we\u2019re going to court to make it illegal for you to even raise an eyebrow about that.\u2019 Well that\u2019s pretty incredible.\u201d<\/p>\n\n\n\n
Heller added that First Nations \u201cspeak in terms of potential and anomalies, but they still won\u2019t have a discussion. That\u2019s ridiculous. The very fact that you\u2019re using tentative language is like an invitation to talk.<\/p>\n\n\n\n
\u201cThis is the opposite of the spirit of reconciliation. It\u2019s just crazy. We need goodwill, the presumption of goodwill so we can have some real dialogue.\u201d<\/p>\n\n\n\n
Unfortunately, constructive dialogue, discussion and discourse are sadly lacking in today\u2019s Canada.<\/p>\n\n\n\n
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E\u0439<\/p>\n","protected":false},"excerpt":{"rendered":"
\u2018Deni\u00adal\u00adism\u2019 law \u2018the oppos\u00adite of the spirit of recon\u00adcili\u00adation\u2019 ode 24 Jul 2026 Law\u00adyer settles suit over \u2018graves\u2019 \u2018Deni\u00adal\u00adism\u2019 law \u2018the oppos\u00adite of the spirit of recon\u00adcili\u00adation\u2019 MICHAEL HIGGINS Com\u00adment Law\u00adyer settles suit over \u2018graves\u2019 \u2018Deni\u00adal\u00adism\u2019 law \u2018the oppos\u00adite of … Continue reading
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