On October 29, 2024, Kimberly Murray, Canada’s Special Interlocutor on unmarked graves, unveiled her final report during a gathering in Gatineau, Quebec. This pivotal moment confronts the painful legacy of residential schools, underscoring the urgent need for a national Indigenous-led commission to investigate the estimated 6,000 disappearances and deaths of Indigenous children in these institutions. Moreover, the report calls for these actions to be recognized as crimes against humanity, warranting a referral to the International Criminal Court (ICC).
The accusations detailed in Murray’s report reveal severe systemic abuses that have left deep scars on Indigenous communities across Canada. Families were often left in the dark regarding the fates of their children, compounding the trauma of loss with a denial of closure. The proposal for a 20-year mandate for an Indigenous-led commission represents a vital step toward truth and reconciliation. Yet, while this call for accountability is valid, it also opens the door to significant questions about the broader implications of involving international bodies in domestic matters.
The call for ICC involvement raises questions about the intentions of those supporting this report. Established in 2002, the ICC aims to hold accountable individuals responsible for serious international crimes, including genocide and war crimes. The invocation of the ICC in this context—comparable to historical cases like the 1994 Rwandan genocide, which claimed approximately 800,000 lives, and the ethnic cleansing during the Balkan wars in the former Yugoslavia—suggests a recognition that the systemic failures within Canada’s residential school system require global scrutiny.
However, this potential referral carries significant implications for Canada’s national identity and reputation. Bringing such charges to the ICC could challenge the perception of Canada as a country with a reliable justice system and may adversely affect its standing in international relations. Such a move risks portraying Canada as a nation that has failed to adequately address its historical injustices, which could lead to a loss of credibility on the world stage. Furthermore, inviting external scrutiny might undermine Canada’s image as a global leader in human rights and reconciliation, presenting an image of national weakness rather than one of resilience.
Critics of this ICC intervention may argue that it aligns with broader ideological trends that seek to deconstruct existing political frameworks, particularly those associated with progressive and “woke” movements in the West. These movements often aim to critique and dismantle perceived injustices, presenting established systems as inherently flawed and unjust. While acknowledging historical injustices is paramount, it is crucial that the discourse surrounding these calls for accountability does not devolve into radical ideologies that prioritize destruction over constructive improvement.
Within this context, the call for an ICC investigation may be perceived as part of a larger agenda aimed at discrediting Canada as a sovereign nation, rather than genuinely seeking justice for Indigenous peoples. This perspective suggests that certain ideologies may exploit historical injustices to undermine national unity and foster societal division. Critics may contend that emphasizing external intervention, rather than focusing on domestic solutions, risks framing Canada as incapable of resolving its own issues, perpetuating a narrative of national inadequacy and failure.
Ultimately, while the need to address the historical injustices of Canada’s residential schools is undeniable, the call for an ICC investigation may not be the most constructive path forward. It risks framing Canada’s national identity in a way that overshadows ongoing efforts for reconciliation. In the words of Indigenous leader Justice Murray Sinclair, “Reconciliation is not an event. It is a process.” We must prioritize dialogue and collaboration with Indigenous communities over external scrutiny that may distract from the essential work of healing and justice within Canada. By focusing on homegrown solutions, we can forge a more meaningful path toward accountability and reconciliation that honors the memories of those who suffered.
Dr. Dotan Rousso was born and raised in Israel. He holds a Ph.D. in Law—a former criminal prosecutor in Israel. He lives in Alberta and teaches Philosophy at the Southern Alberta Institute of Technology (SAIT).
