Education, not jail time, is answer to residential school denialism

Education — not jail time — should be the way to counter the denial of the harmful effects of residential schools after the Senate chose not to include it in changes to a new law against hate-motivated crimes.

Nunavut Sen. Nancy Karetak-Lindell made a strong case last week that the “condoning, denying or downplaying the Indian residential schools system” be added to a new list of Criminal Code offences in the government’s Combatting Hate Act, known as Bill C-9.

The amendment would have made it a crime to promote hatred against Indigenous Peoples by denying the harms caused by residential schools.

Nunavut’s lone senator compared residential school denialism to Islamophobia, anti-Black racism, and antisemitism as forms of hate requiring special treatment under the Criminal Code.

“The question before us is why Indigenous Peoples should be treated differently,” she told senators on June 3.

If passed, the amendment would have had people found guilty of residential school denialism face up to two years in jail.

A Senate committee voted for her amendment on June 1. But, two days later, the full Senate voted it down and passed the bill without it.

Bill C-9 makes it a crime to promote hatred against identifiable groups by publicly displaying racist symbols. It also makes it illegal to interfere with someone’s right to enter a place of worship. And it removes a defence of promoting hatred based on expression of religious views.

But the bill pitted the protection of vulnerable communities from hate against the right to freedom of expression.

In a free society that treasures freedom of expression, people must be able to express unpopular and wrong opinions.

Coincidentally, Gov. Gen. Louise Arbour this week pointed to the Charter of Rights and Freedoms for the “peaceful management of our differences.”

“The Charter guarantees that our cherished individual rights are subject only to the reasonable limits necessary for life in a free and peaceful democracy,” Arbour said Monday as she was installed as Governor General.

Understanding the history of residential schools has been a painfully slow process for many Canadians, especially those who are not Indigenous.

The creation of the Truth and Reconciliation Commission in 2008 was a big step in fostering an understanding. The commission’s 2015 report and calls to action advanced that progress, but slowly.

The location of unmarked graves at residential school sites — now five years ago — forced many Canadians to reckon with the tragic chapter in the country’s history.

The Truth and Reconciliation Commission’s 94 calls to action encourage Canadians to learn about the legacy of residential schools. Some occupations, including social workers, child-welfare investigators, lawyers, public servants, and journalism students are urged to learn about the impact of residential schools and consider it in their work.

June is National Indigenous Peoples History Month. The federal government promotes it as “a time to recognize the rich history, heritage and diversity of First Nations, Inuit and Métis.”

But it should also be a time for Canadians — especially those of us who are not Indigenous — to try to better understand the lasting, tragic legacy of residential schools.

Canadians need to be encouraged to learn about it, not punished for being ignorant about it.