Canada’s Office of the Special Interlocutor concluded Tuesday that the Indigenous children who died and were buried at residential schools are not “missing” but were systematically “disappeared,” urging the government to make reparations. Kimberly Murray outlined 42 legal, moral and ethical obligations for governments, churches and other institutions to address the dark chapter in Canadian history.

The report, titled “Upholding Sacred Obligations: Reparations for Missing and Disappeared Indigenous Children and Unmarked Burials in Canada,” addressed the troubling emergence of what Murray termed as the “settler amnesty” and a “culture of impunity” towards suspected burials, raising significant concerns about human rights violations, transparency, and government accountability. The report also noted that while ground-penetrating radar has identified numerous underground anomalies at former residential school sites, no actual graves have been exhumed to date.

The investigation revealed a disturbing lack of transparency in the historical records and processes surrounding the residential school system and found that the opacity hindered efforts to uncover the full truth about the fate of Indigenous children alongside denying families their right to know what happened to their young ones.

Last, the report outlined an Indigenous-led Reparations Framework for Missing and Disappeared Children and Unmarked Burials associated with Indian Residential Schools. The report also called for the establishment of a 20-year Commission of Investigations into the Enforced Disappearance of Indigenous Children in Canada.

Minister of Justice and Attorney General of Canada, Arif Virani, said:

Kim Murray’s work has contributed significantly to telling and acknowledging the truth. There is still more to be learned, accepted and understood. In line with the United Nations Declaration on the Rights of Indigenous Peoples Act and to continue the government’s efforts towards reconciliation, we will work with First Nations, Inuit and Métis communities to address the ongoing legacy of Indian Residential Schools in a way that respects their wishes and traditions.

The Union of British Columbia Indian Chiefs (UBCIC) praised the report’s findings and the interlocutor’s call for Canada to refer itself to the International Criminal Court for the enforced disappearance of children as a crime against humanity.

The latest call to refer to the International Criminal Court comes after a group of Canadian lawyers formally requested the court to investigate the Vatican and the Canadian government for crimes against humanity in June 2021. In February, a senate committee was told about the lack of transparency in the historical records and processes surrounding the residential school system.

This report comes amidst a broader movement for truth and reconciliation in Canada. There have been longstanding concerns about the disproportionate impact of policing on Indigenous communities. In September, Members of the Parliament held an emergency debate on First Nations deaths in police encounters.

Murray was appointed as the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools in June 2022 with an original mandate of two years.