A federal hate crimes bill would extend criminal penalties to anyone accused of obstructing indigenous sacred sites — including areas identified as unmarked graves — according to an internal Department of Justice memo that was not highlighted when the legislation was introduced.Blacklock's Reporter says Attorney General Sean Fraser tabled Bill C-9, An Act To Amend The Criminal Code, on September 19, outlining new offences aimed at intimidation and obstruction at places of worship. However, departmental briefing materials show the scope of the bill would go further.“It is the intention of the government that Indigenous peoples and their religious and cultural spaces received equal protections under Bill C-9,” said a memo titled Supplemental Questions And Answers.The legislation creates a new offence of obstruction for the purpose of intimidation at places of worship. In an earlier backgrounder, the justice department said the proposed offences would protect buildings primarily used for religious worship — including synagogues, mosques, churches, temples and gurdwaras — as well as cemeteries and facilities used by an identifiable group for administrative, social, cultural or sports purposes.But the internal memo stated the bill would also apply to areas designated as sacred by indigenous groups, whether or not the land is formally recognized as a cemetery.On February 17, the Tk’emlups te Secwepemc First Nation issued a release describing an orchard at a former residential school site in Kamloops, B.C., as a “sacred site.” In 2021, the band announced it had identified what it said were 215 children’s graves using ground-penetrating radar. No remains have been exhumed. The band received $12.1 million in federal funding for related field work..The justice memo directly addressed whether indigenous sacred sites, including burial grounds, would be covered by the new offences.“The proposed intimidation and obstruction offences would apply,” it said.Whether a particular location qualifies as a cemetery or protected structure would ultimately be determined by police, prosecutors and the courts.“Whether a particular sacred space or burial site meets the definition of a ‘cemetery’ or a ‘building or structure’ used primarily for a certain purpose will be a determination by investigating officers and ultimately for adjudication by the courts,” the memo stated.The document also raised — and dismissed — the question of why so-called Indian Residential School denialism was not explicitly criminalized in the bill.“The government recognizes there is strong interest in potential criminal law measures to address Indian Residential School denialism,” it said.“The government remains committed to advancing reconciliation with indigenous peoples in Canada and exploring all options to combat Residential School denialism,” the memo added, noting Ottawa continues to work with provinces and territories to examine additional responses to hate crimes, including education and public awareness initiatives related to missing children and unmarked burials.Bill C-9 is currently before Parliament.
