Indigenous tribunal declares Canada committed genocide in residential schools

A Permanent Peoples' Tribunal convened in Montreal reached a historic preliminary declaration Friday: Canada committed genocide against Indigenous peoples through residential schools and other government institutions.

The tribunal, organized by the Native Women's Shelter of Montreal, spent a week hearing testimony from survivors, legal experts, and researchers. Its final report is due September 30 — the National Day for Truth and Reconciliation.

"If we are successful, the declaration would list all the crimes alleged and affirm that Canada has indeed committed these crimes," said Christa Big Canoe, lead prosecutor and legal director at Aboriginal Legal Services. "The declaration would note that the state has international obligations."

The tribunal examined Canada's actions through the UN's 1946 definition of genocide, which includes killing members of a group, causing serious harm, inflicting conditions to destroy the group, preventing births, and forcibly transferring children. International law expert Fannie Lafontaine testified that repeated patterns of government policy over time can demonstrate intent to destroy — the core legal test for genocide.

The tribunal invited Prime Minister Mark Carney to represent Canada's defense but he did not attend. An empty chair sat before the judges throughout the proceedings.

The tribunal's preliminary finding carries symbolic weight but no legal enforcement power in Canadian courts. However, it documents an international legal assessment of Canada's historical policies toward Indigenous peoples—one that contradicts the government's position and may influence future advocacy for accountability and reparations.