Canada is considering new legislation aimed at addressing hate symbols and denialism related to historical atrocities. Recently, the Liberal government announced plans to introduce a law that would prohibit the display of Nazi and Hamas flags, as well as symbols associated with other hate movements. This move has sparked discussions about potentially criminalizing the denial of the residential school system's impact on Indigenous peoples.

Author Michelle Good raised this issue in a recent article, questioning the difference between Holocaust denial and denial of the residential school system. "What is the difference between Holocaust Denialism and Residential School Denialism? I suggest there is no difference at all," she wrote in the Toronto Star. Good emphasized that the inclusion of Holocaust denial in the criminal code aims to prevent the denial of the Jewish genocide during World War II. She argued that since the residential school system has been characterized as genocidal, there should be a similar legal framework against denying its impact.

The proposed laws would not outright ban speech but would target those who "wilfully promote hatred" against specific groups. Currently, it is illegal to promote hatred against religious or ethnic groups, but enforcement can be complicated. Observers speculate that if the Liberals remain in power, they may yield to pressure for stricter laws regarding residential school denialism, possibly introducing them around the National Day for Truth and Reconciliation.

Concerns have been raised about the enforcement of such laws. Critics argue that even if new legislation is passed, it may not lead to successful prosecutions. This could frustrate advocates for censorship, leading to calls for even stronger laws that may also go unenforced. The situation raises questions about the implications for free speech, particularly when discussing sensitive historical topics.

The debate also touches on the definition of genocide in the context of Canada's treatment of Indigenous peoples. The Truth and Reconciliation Report described the actions taken at residential schools as genocidal, a term that has sparked controversy. Some argue that using the term "genocide" in this context diminishes the severity of the crime, while others believe it accurately reflects the assimilationist goals of the residential school system.

As discussions continue, the complexities surrounding the proposed legislation and the historical context of Canada's treatment of Indigenous peoples remain at the forefront of public discourse. The outcome of these legislative efforts could have significant implications for how history is discussed and understood in Canada.