'Colonial mindset' preventing return of child's remains to her community, says N.W.T. MLA

WARNING: This story contains details that may be distressing.

Some N.W.T. MLAs pressed the territory's culture minister on Thursday to waive legislation that they say is holding up efforts to return a deceased child's remains to her home community. 

The child from Fort Smith, N.W.T. — identified only as Alma by the Deninu Kųę́ First Nation — died while at residential school in the 1940s, according to the First Nation. Under the territory's Archaeological Sites Act, Alma's remains are considered artifacts since it's evidence of human activity from over 50 years ago and that means a permit would be required to move them.  

"Insisting that the remains of Indigenous children are subject to Archaeological Sites Act reveals the same colonial mindset that led to the creation of the residential school to begin with," Richard Edjericon said, MLA for Tu Nedhé-Wiilideh.

Chief Louis Balsillie of Deninu Kųę́ First Nation has said that his community has been searching for unmarked graves of students of the former St. Joseph's residential school in Fort Resolution. It's a possibility people have talked about for years in the community.

Balsillie said earlier this year that they've figured out where Alma was buried, and that the community wanted to help Alma's sister fulfil a promise of returning Alma to Fort Smith to be buried alongside her mother. 

In a news release Friday, he said the First Nation would not be applying for an archaeological permit.

"Our children are not artifacts," he said. "We are calling for an investigation by the coroner's office."

Edjericon, along with Yellowknife MLA Robert Hawkins, pressed the minister to issue a directive to override the Archaeological Sites Act and instead invoke the Coroners Act to allow the territory's coroner to exhume the remains for the purposes of an investigation — something Edjericon says is warranted since he believes "there are serious reasons to doubt" that Alma died of tuberculosis, as indicated on her official death certificate.

The Deninu Kųę́ First Nation said in a news release earlier this week that the cause of death for residential school students was often said to be tuberculosis, a "catch-all category." 

"However, these deaths are questionable according to elders (survivors) and archival records," the release states.

Indigenous people not 'property of the state,' MLA says 

Hawkins says that under the Archaeological Sites Act, Alma is considered a "thing." 

"And if she is a thing, she becomes a property of the state. And if she becomes a property of the state, what symbolism does that represent, that Indigenous people are a property of the state?" Hawkins said.

Caitlin Cleveland, the minister of Education, Culture and Employment, emphasized that neither she nor her department wants to stand in the way of Alma's remains, or those of anyone else, being returned to their community. But she said she needs to follow the law and she doesn't have the authority to issue a directive as suggested by Edjericon and Hawkins.  

The Archaeological Sites Act came into force in 2014 and Cleveland said the territory is in the process of updating the legislation. She said it wasn't drafted to addresses cases like these but the territory is working to make improvements.

"This act does use the term 'artifact,' but in no way, shape or form is the respect or dignity of this process, or the importance of this process, diminished because of that," she said. 

"There is a desire to ensure that respect is being afforded to all Indigenous people of this territory and Nunavut who may have family who are buried at the sites of our residential schools in this territory."

Cleveland also said that if the community knows the identity of the individual and it is clearly marked, the Archaeological Sites Act does not apply. It's not clear how the community would prove that individual's identity. 

Edjericon said that he was "saddened" by Cleveland's response and said that government policies were overriding treaties and Indigenous values. 

Caroline Wawzonek, acting as premier in R.J. Simpson's absence, called a point of order on those comments. She said Edjericon had overstepped and made inferences about the minister's intentions and the process, imputing negative motives when the issue is important to all of the assembly's members. 

"It's not a characterization of work that's happened on this file, that's been described in this House today," Wawzonek said.  

"It's not fair and it's not proper."

Speaker Shane Thompson agreed with Wawzonek in his ruling and Edjericon retracted his comments. 

Support is available for anyone affected by their experience at residential schools or by the latest reports.

A national Indian Residential School Crisis Line has been set up to provide support for survivors and those affected. People can access emotional and crisis referral services by calling the 24-hour national crisis line: 1-866-925-4419.

Mental health counselling and crisis support is also available 24 hours a day, seven days a week through the Hope for Wellness hotline at 1-855-242-3310 or by online chat at www.hopeforwellness.ca.