Leah Gazan on why Canada should outlaw residential school denialism

On Oct. 31, NDP MP Leah Gazan reintroduced a bill that would amend the Criminal Code to classify Indian residential school denialism as a form of hate speech — mirroring the existing provisions on Holocaust denial. The proposal comes amid growing concern from Indigenous organizations, survivors and researchers about a surge in public denialism, harassment and organized attempts to undermine the historical record. Broadview sat down with Gazan to discuss how her proposed legislation fits into Canada’s attempts at reconciliation.

Xavi Richer Vis: Your bill comes at a time when many Indigenous organizations, like the First Nations Leadership Council, are reporting a rise in residential school denialism across the country.

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Leah Gazan: Absolutely. Kimberly Murray [who in 2022 was appointed Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools] actually put out a call to amend this section of the Criminal Code because the [denialism she observed when researching her report] was so severe.

Since I put out this bill, I’ve had denialists threaten violence. I’m okay — but I’m also not a survivor. The rhetoric has been so violent towards people who survived this genocide.

XRV: For readers who may not be familiar with the Criminal Code and this country’s hate crime laws, can you outline what your bill covers?

LG: My bill would apply to anyone who condones, downplays, justifies or denies the Indian residential school system in Canada. There is already a section in the Criminal Code related to Holocaust denialism. All my bill does is add residential school denialism to that section, using the same criteria that are already in the law for Holocaust denialism.

XRV: Should the bill become law, what are some examples of statements that would become federally recognized as inciting hatred toward Indigenous peoples?

LG: I don’t think I need to give examples of that, and here’s why: the determination of that is up to the courts. I put forward the bill, and that’s up to the courts to decide.

But I want to be really clear: I’m not talking about legislating kitchen-table conversations. I’m talking about folks like Tom Flanagan, who wrote Grave Error [a 2023 book that alleges the abuses experienced by residential school survivors were exaggerated and did not constitute genocide.] Or people like Michelle Stirling, who did a deep dive into my family history, proving that my family benefited from residential schools.

I’m talking about people who write for major papers who downplay and condone and deny and justify residential schools, something I might add that was recognized as a genocide through a unanimous-consent motion that I put forward in the House [in 2022].

XRV: What are the dangers you see in such statements being made? There are those who continue to frame this issue as one of free speech.

LG: I am a former academic. I believe in academic freedom, but there is a difference between academic freedom and inciting hate.

You are not, for example, allowed in an academic institution, thank goodness, to deny that the Holocaust happened — like in the case of Jim Keegstra, an Alberta schoolteacher who taught his students that the Holocaust was a hoax that never happened. In 1984, he faced criminal charges [for the promotion of hatred against Jewish people]. I want the same sort of protection for Indigenous peoples across this country.

We’ve actually seen folks who are really influenced by people like Tom Flanagan, who are promoting this kind of disinformation, act upon it. We saw in Kamloops, people literally trying to dig up sites where they’re looking for unmarked graves. It’s violent.

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XRV: How have survivors’ experiences shaped your decision to bring this bill forward?

LG: I was asked by many survivors to do this — including my partner, who’s also a residential school survivor. [Denial of one’s experience] brings up so much trauma. I don’t know if you’ve heard of residential school syndrome: the post-traumatic stress has been compared to that of veterans of war. So can you imagine how triggering, first of all, the finding of unmarked graves must be, something that was shared by many survivors, to now have people rebut that experience? I can’t think of anything more violent than denying somebody’s genocide. Survivors have a right to be protected from the incitement of hate, and it is up to this government to ensure that protection becomes law.

XRV: Let me ask you about that: the last time you introduced this bill, you had support from the Crown–Indigenous Relations minister, but before it could be held to a vote, Parliament was dissolved to make way for the most recent federal election. Are you seeing any signals of cross-party support this time around?

LG: This time, I do have support from some ministers for this bill. But what I’m really hoping for is that the government takes this on as a government bill. This is not about me. I don’t care who [puts it forward]. I just want to see justice for survivors.

XRV: How would this bill fit into Canada’s attempts at reconciliation and what it’s already committed to?

LG: Well, I don’t think Canada is doing a great job on reconciliation. We just have to look at the current budget and the fact that they pushed through Bill C-5. Whether it’s resource extraction, turning a blind eye to residential schools, or not funding programs — there are more kids in child welfare now than at the height of residential schools — there was zero budget allocation for [Missing and Murdered Indigenous Women and Girls] in the last budget, zero to deal with the ongoing genocide of Indigenous women and girls and 2SLGBTQIA+ people.

It’s become a diluted word. At the very foundation of reconciliation — where the word was rooted — were the stories of survivors. If they can’t protect the folks who put us on this journey toward what they call reconciliation, then they won’t protect survivors from the incitement of hate.

The very least they can do is protect the truth about what was unanimously recognized as a genocide in this country, which is what happened to children in residential schools.

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This interview was edited for length and clarity.

Xavi Richer Vis is a Toronto-based writer and data journalist.