A new bill introduced by the New Democratic Party (NDP) seeks to criminalize certain speech related to Canada's Indian residential schools. This marks the third time in two years that an NDP member has proposed legislation that could lead to jail time for Canadians.

Last week, the House of Commons held the first reading of Bill C-254, introduced by Leah Gazan, the NDP MP for Winnipeg Centre. The bill aims to make it illegal to condone, deny, downplay, or justify the Indian residential school system. Those found guilty could face up to two years in prison. Additionally, a judge could order the forfeiture of any items related to the speech offense.

Gazan expressed her concerns about the rise of denialism regarding the residential school system, particularly following the discovery of unmarked graves. "Since the discovery of unmarked graves, we have seen an increase in denialism about what occurred in the residential schools. This is horrific," she stated on Parliament Hill.

This is not Gazan's first attempt to address this issue. She previously introduced a similar bill during the 44th Parliament. Bill C-254 follows another NDP proposal from Charlie Angus, which sought to penalize Canadians for promoting fossil fuels. That bill, known as the Fossil Fuel Advertising Act, would have imposed severe penalties, including fines and potential jail time for offenders.

The introduction of Bill C-254 comes amid ongoing debates about the legacy of residential schools in Canada. A new political party in British Columbia, OneBC, has been vocal against the narrative surrounding the discovery of graves at former residential school sites. OneBC leader Dallas Brodie stated, "No graves in Kamloops. No genocide. No wrongs left to reconcile. No land, cash, or power grabs. No looking back."

The controversy began in May 2021 when the Tk’emlúps te Secwépemc First Nation announced the findings of a ground-penetrating radar survey that suggested the remains of 215 children at the Kamloops Indian Residential School. This announcement garnered significant media attention and led to national mourning, with flags on federal buildings lowered for five months. However, four years later, none of the 215 remains have been confirmed as graves, and the Tk’emlúps te Secwépemc have since referred to them as "anomalies."

Public opinion on the issue remains divided. A recent poll indicated that 68% of Canadians believe that Indian residential schools represented a form of cultural genocide. However, many respondents, both Indigenous and non-Indigenous, expressed skepticism about the 215 anomalies being children's graves. A majority indicated that they would only accept such claims if further verification through excavation was provided.

Gazan has previously referred to the 215 as lying in a "mass grave," a statement that extended beyond the initial claims made by the Tk’emlúps te Secwépemc. She later adjusted her language to describe them as "unmarked graves" in a House of Commons statement. Since then, she has not mentioned the alleged burials in her parliamentary discussions.

Bill C-254 includes provisions that allow for defenses against charges of denialism. For instance, individuals can express opinions based on religious beliefs or prove that their statements were true. The bill also permits free speech in private conversations.

The Truth and Reconciliation Commission's inquiry, which lasted seven years, concluded that the Indian residential school system had high mortality rates among students, particularly before World War I. The Commission's 2015 final report estimated that around 3,200 children died while attending these schools, many of whom were buried in on-site graveyards that were later abandoned.