The Assembly of First Nations (AFN) has unanimously adopted a resolution urging the Canadian federal government to criminalize denial of Indian Residential Schools, calling for such denialism to be treated as a hate crime. The resolution was passed on Tuesday during the organization’s annual assembly in Ottawa.

Chief Sheldon Kent of Black River First Nation, who seconded the resolution, described the issue as urgent and expressed disappointment at the lack of legal protection against residential school denialism. “It is a shame to live in a country that will not protect our people from hate crimes,” he said.

Earlier this year, Nunavut Senator Nancy Karetak-Lindell proposed an amendment to Bill C-9, known as the Combating Hate Act, that would have made it an indictable offense punishable by up to two years in prison for any Canadian to publicly downplay, deny, or condone the history of residential schools outside private conversations. The amendment sought to extend protections to include residential school denialism alongside measures to safeguard places of worship and address hate-motivated crimes. However, the Senate ultimately voted down the amendment. Bill C-9 received royal assent on June 18.

Chief David Monias of Pimicikamak Cree Nation criticized the Senate’s decision as dismissing efforts to combat denialism, characterizing it as a deliberate minimization of the harms caused by residential schools. “Denialism seeks to minimize, distort and deny the harms of residential schools,” he said.

A spokesperson for Justice Minister Sean Fraser acknowledged the seriousness of residential school denialism but argued that it falls outside the scope of the Combating Hate Act. Meanwhile, free speech advocates expressed concern that the amendment’s language was too broad.

AFN National Chief Cindy Woodhouse Nepinak described the Senate’s rejection as “regressive” and emphasized the need for dedicated legislation specifically addressing residential school denialism. The resolution also calls for increased public education and awareness campaigns focused on the history and impact of residential schools, including updates to school curricula.

The Indian Residential School system, which operated for over 150 years, forcibly enrolled approximately 150,000 Indigenous children. The 2015 Truth and Reconciliation Commission report classified the system as cultural genocide, a designation later unanimously supported by the House of Commons.

Regional AFN leaders pointed to rising anti-Indigenous sentiment in recent years, particularly since 2021, when ground-penetrating radar identified more than 200 suspected unmarked graves at the Kamloops residential school in British Columbia. Similar findings at other sites have sparked national controversy.

B.C. Regional Chief Terry Teegee insisted that the historical facts should not be subject to political debate. “These are the stories that were shared with us, and this is the truth, and this is a fact,” he said. “It shouldn’t be debated in some sort of academia or some sort of push in terms of politics.”

Tk’emlups te Secwépemc First Nation Chief Rosanne Casimir addressed delays in excavation work at the Kamloops site, citing the need for a technical, culturally sensitive approach. “We have a very technical team of experts that are doing so many different pieces to be able to support and advance,” she said. Casimir noted ongoing collaboration with the federal government and emphasized the importance of respecting cultural protocols regarding the remains.