n October 2024, Kimberly Murray, the former Special Interlocutor for Missing Children and Unmarked Graves, delivered the final OSI report titled Upholding Sacred Obligations to Arif Virani, Minister of Justice. The two-volume report, mandated by the federal government, delves into the missing children and unmarked graves linked to Indian Residential Schools (IRS). It identifies 42 obligations necessary for implementing an Indigenous-led Reparations Framework, focusing on truth, justice, and reconciliation.
At the Final OSI Gathering, Kimberly Murray presented these findings, condemning Canada’s ongoing “Culture of Impunity” and “Settler Amnesty,” which continue to shield those responsible for abuses within the IRS system.
Another key aspect of the ongoing denial of justice includes, “Enforced Disappearances,” which continues to be ignored by both the Canadian government and international legal frameworks. Despite partial acknowledgment of harms related to the IRS system, Canada’s refusal to take full legal accountability for these crimes presents a significant barrier to achieving justice for Survivors.
In this blog, we will explore in more detail the critical issues of settler amnesty, impunity, enforced disappearances, and the persistent avoidance of Canada to take full legal responsibility for the historical and ongoing harms caused by the IRS system.
Examples of Settler Amnesty and Impunity in Canada
1. No Prosecutions for Key Perpetrators: Although a few individuals have faced prosecution for abuses related to Indian Residential Schools (IRS), many perpetrators have not been held accountable. The final OSI report, Upholding Sacred Obligations, highlights Canada’s repeated failure to investigate or prosecute the crimes committed at these institutions. Legal systems have often dismissed or suppressed abuse claims, further obstructing justice.
The federal government has shielded perpetrators by blocking the National Centre for Truth and Reconciliation (NCTR) from issuing subpoenas or identifying individuals responsible for these crimes. Many high-ranking officials, government leaders, and church figures who oversaw the IRS system have not been held accountable, allowing the legacy of amnesty and impunity for these actions to persist.
Recently, a court case involving St. Anne’s Indian Residential School saw charges stayed against a 95-year-old nun accused of sex crimes while under employment at the institutions, highlights the ongoing challenges for IRS Survivors in achieving justice. See CBC article on this case.
2. Legal Barriers to Human Rights Justice: Another significant legal barrier to justice is Canada’s denial of its role in committing “genocide” against Indigenous peoples. In 2015, the National Truth and Reconciliation Commission (NTRC) concluded that the IRS system was aimed at destroying Indigenous cultures through forced assimilation, yet Canada has not faced any legal consequences for these actions.
In 2022, the House of Commons formally recognized the IRS system as “cultural genocide,” but this acknowledgment carried no legal weight, as cultural genocide is not recognized under the UN Genocide Convention. This allowed Canada to evade legal responsibility, continuing a broader pattern of impunity.
Additionally, when Canada ratified the Genocide Convention in 1952, it narrowly defined genocide in its Criminal Code, omitting key acts such as:
- Forcibly transferring children of one group to another.
- Causing serious bodily or mental harm to members of a group.
- Imposing measures to prevent births within a group.
These omissions allowed the Canadian government to avoid legal responsibility for the atrocities committed under the IRS system, despite these very acts being part of the federal policy. As Dr. Beverly Jacobs, C.M., LL.B., LL.M., said at the final OSI Gathering, “Canada got away with murder.” This statement captures the essence of the government’s actions, which have continued to evade justice, despite ongoing calls for truth and reparations.
3. Enforced Disappearances and Crimes Against Humanity: The ongoing disappearance of Indigenous children remains a serious issue. The term “enforced disappearance” refers to actions like abduction or detention by state agents, followed by the concealment of a person’s fate or whereabouts, with the truth remaining hidden until revealed.
In 2006, the International Convention for the Protection of All Persons from Enforced Disappearance was established to prevent such crimes and hold governments accountable. However, Canada did not sign and ratify the convention, which includes obligations for states to investigate disappearances and recognizes the right to know the truth. Canada’s failure to meet these international responsibilities has allowed the crime of enforced disappearance to continue, leaving the fate of many children concealed.
Enforced disappearance is considered a “Crime against humanity” under international law, and there is no statute of limitations for such crimes. As Kimberly Murray, the former Special Interlocutor, stated at the OSI’s final gathering: “These children did not just vanish. The forced removal of Indigenous children was Canadian law and policy.” She further emphasized, “Canada is continuing the crime by failing to act. It is time for the International Criminal Court to investigate these enforced disappearances as crimes against humanity.”
The lack of accountability from the Canadian government, as well as from the institutions involved; churches, the RCMP, and various government bodies has been ongoing. Canada’s refusal to sign the International Convention for the Protection of All Persons from Enforced Disappearance means it is not obligated to investigate these disappearances or offer reparations. This failure continues the culture of impunity, where the fate of the children remains hidden.
OSI Panelist Dr. Mark Kersten, Assistant Professor of Criminology & Criminal Justice at the University of the Fraser Valley, stated, “The only reasonable conclusion to this history is that it is intentional. It is an intentional desire to remove accountability and/or avenues of accountability for victims and survivors of enforced disappearances and other atrocities associated with the Indian residential school system.”
For Survivors of Indian Residential Schools, the recognition of Enforced Disappearances as part of their experience is crucial for accessing justice, particularly through two key legal rights: “the right to truth” and “the right to reparations.”
The “right to truth” ensures that Survivors and families can learn the full extent of what happened to their loved ones, including the fate of “disappeared children.” The “right to reparations” includes financial compensation, access to burial sites, public apologies, memorialization, support for healing and legal reforms to prevent further harm and promote accountability.
Continuing Obstacles for Survivors
Despite the government’s acknowledgment of some of the harms caused by the IRS system, systemic barriers to justice remain. These obstacles are exacerbated by the ongoing impunity granted to perpetrators and the failure to fully engage with the recommendations of the NCTR and former Special Interlocutor for Missing Children and Unmarked Graves, Kimberly Murray, BA, LL. B, IPC.
Here are some urgent issues that continue to impede progress for Survivors of Indian Residential Schools:
- Lack of Funding for Survivor Organizations: Organizations that investigate unmarked graves and support IRS Survivors are underfunded and many have recently been denied funding, perpetuating neglect and injustice. See CBC article on this case.
- Withholding or Destruction of IRS Records: There are ongoing efforts to obstruct justice by delaying or denying access to critical IRS records. Privacy laws and bureaucratic hurdles further hinder transparency, and church officials have been accused of destroying records under the guise of protecting privacy, representing a significant obstacle to justice and accountability. See CBC article on this case.
Moving Beyond Words: Canada's Duty to Act
The Minister of Justice and Attorney General of Canada, Arif Virani, confirmed receipt of the final OSI report. However, as of February 2025, the federal government has yet to offer an official response or take meaningful action.
The Survivors’ Secretariat, along with other organizations supporting Indian Residential School Survivors, is working tirelessly to continue the sacred task of locating missing children and uncovering unmarked graves. The search for truth continues, and cutting or withholding funding now would undermine the very foundation of this essential work.
This issue must move beyond rhetoric. If Canada genuinely wants to lead on human rights, it must do more than just advocate for them; it must take concrete actions that reflect the values it claims to uphold. The Survivors’ Secretariat stands with OSI’s recommendations, urging the Canadian government to take full legal accountability for both past and ongoing harms.
As the Survivors’ Secretariat risks insolvency, we cannot remain passive. Now is the time to call on our government to take decisive action in supporting the Survivors and ensuring they receive the dignity and answers they deserve.
To advocate on behalf of Indian Residential School Survivors for ongoing funding write to your MP and Municiple Candidates. Download an editable letter here.
In our next blog, we will explore the ‘Protecting Our Ancestors’ panel discussion from the OSI final gathering, which focused on the critical importance of safeguarding unmarked burial grounds.
To read the final OSI report, including key recommendations, please visit: Reports – Office of the Independent Special Interlocutor
Services Available to Survivors, and Intergenerational Survivors
If you require immediate support, please contact the Hope for Wellness Help Line at 1-855-242-3310 to access toll-free, 24/7 counselling and crisis intervention. Hope for Wellness Help Line offers immediate mental health counselling and crisis intervention to all Indigenous peoples across Canada. Experienced Helpline counsellors, many are Indigenous, can help if asked to find wellness supports that are available in your area.
The Indian Residential Schools Crisis Line (1-866-925-4419) is available 24 hours a day for anyone experiencing pain or distress as a result of their residential school experience.