MLAs in emotional exchanges over residential school burial sites

An NWT minister, in tears, asked for a pause on Thursday as an MLA raised his concern that legislation appears to term residential school burials “archaeological sites.”

Caitlin Cleveland was being questioned by Tu Nedhé-Wiilideh MLA Richard Edjericon about the Deninu Kųę́ First Nation’s assertion that the territorial government is improperly applying the NWT’s Archaeological Sites Act to residential school burials.

The First Nation is investigating deaths that occurred while the St Joseph’s Residential School operated in Fort Resolution, between about 1903 and 1957. Local leaders say archaeological rules are inappropriate obstacles to that work, which began in 2022.

Following one question from Edjericon, who had queried whether non-Indigenous burials would be handled the same way and asked if the minister had “any genuine intent to uphold Indigenous rights” during her term, a visibly distressed Cleveland requested to return to the issue later and left the chamber.

After Cleveland had returned, Edjericon – describing himself as a first-generation residential school survivor – said he, too, was “very emotional about this whole thing.”

“I tried everything here to figure a way where we could try and build collaboration, relationships and trust, but I’m not hearing it here today. It saddens me that we can’t find a solution,” he said.

“Again, policies of government are overriding our treaties, our culture and our values.”

Pointing to the minister’s mandate letter, in which the premier tasks her with collaborating with Indigenous governments to advance reconciliation, Edjericon raised the prospect of the minister resigning. As he did so, Cleveland’s cabinet colleague Caroline Wawzonek – acting in Premier RJ Simpson’s absence (he is at the western premiers’ conference) – rose immediately from her seat on a point of order.

Wawzonek said Edjericon had “overstepped the bounds” and was mischaracterizing both the minister’s motives and the work that had taken place to find a solution.

Speaker of the House Shane Thompson called a recess, after which Edjericon rose to state in part: “It is important that Indigenous people be allowed to call out colonial policies, laws and attitudes.”

Thompson ultimately decided that Edjericon had broken rules related to respectful speech regarding other MLAs.

“This is a very emotional and difficult discussion, but it is even more important that we engage in respectful debate,” he said.

“This is the House where we talk about policy. When it crosses the line to talking about motives of the minister or a member, that is inappropriate.”

Edjericon withdrew his remarks.

Updated legislation coming, minister says

Previously, Edjericon had said two branches of the NWT government appear to be at odds on how to proceed.

While the coroner’s office has offered to help the First Nation’s investigation and the Coroner’s Act includes provisions for the exhumation of remains, Edjericon said earlier this year, the residential school burials had been classified instead as artifacts.

Chief Louis Balsillie has said applying archaeological regulations is a continuation of colonial practices that “have caused immeasurable harm” to Indigenous people.

“Our children are not artifacts. The Indigenous communities whose children attended St Joseph’s Residential School have a right to have their loved ones repatriated and buried alongside their family members in their home communities, and follow cultural protocols that align with Indigenous ways of knowing and being,” Balsillie wrote in February.

Following up in the legislature on Thursday, Edjericon – who represents Fort Resolution – said the deaths of children at St Joseph’s “need to be properly investigated by the coroner’s office, as there is serious reason to doubt the cause of death was tuberculosis,” as he said records of the time had stated.

Edjericon characterized Cleveland’s Department of Education, Culture and Employment as “adamant in stepping outside their jurisdiction” regarding the way in which archaeological legislation applies to the burial sites.

“ECE does not investigate crimes and the remains of the children are not artifacts,” he said.

“In front of us, the rights of Indigenous people are being reduced to a mere privilege depending on the minister’s discretion alone.”

Cleveland, responding to Edjericon’s questions, said the legislation in question “was drafted some time ago and needs to be updated to reflect human remains, especially unmarked graves and especially in regard to our residential school legacy across Canada.”

She had similarly said in February that an update was on the way. On Thursday, she said that update would go to the Intergovernmental Council, which includes some Indigenous governments, to be co-drafted.

“That work has been jumpstarted by myself already,” Cleveland told Edjericon.

After her short absence from the chamber, she returned to take more questions from Edjericon and Yellowknife Centre MLA Robert Hawkins on the same subject. Hawkins asked if Cleveland would be prepared to direct that the archaeological provisions be set aside.

“This is a very sensitive topic, it’s a very important topic, and it’s incredibly important that we find a way forward that respects the treaty rights of all Indigenous people in this territory,” Cleveland said, adding her department had “no interest in standing in the way” but she had no authority to issue a directive fully circumventing the legislation. (The issue also involves how the laws change if the First Nation has verified the identity of people who are buried, versus burials where identities are not known.)

“I really welcome the opportunity to sit down with the MLA, to sit down with the chief, to sit down with their project team and be able to have a conversation, because I truly believe there is a path forward,” the minister said.

‘Where is the equality?’

In a press release earlier this week, the First Nation had reiterated its concern about the territorial government’s approach.

Edjericon, both in that press release and in remarks leading up to Cleveland’s departure from the chamber, had raised the concern that Indigenous burials were “being treated differently than the burials of non-Indigenous people.”

The First Nation has said it should have full jurisdiction over an investigation into the deaths of children “who were clearly mistreated and were ill or injured when they passed away.”

“Residential schools outside of the Northwest Territories are located on Indian Reserves, which are Federal lands. As a result, the First Nations who had residential schools operating on their reserves have unquestioned jurisdiction over the sites and the burials of the children who died at the schools and are buried on the property or in their community cemeteries,” the First Nation stated.

“Where is the equality before the law for our Indigenous governments?” Chief Balsillie was quoted as saying.

“Just because we don’t have reserves, doesn’t mean that we shouldn’t make the final decision about the investigation into these children’s deaths and the treatment of their remains.”