The Court of Appeal ruled on Friday that McGill University can continue its excavation work at the site of the former Royal Victoria Hospital without any conditions. This decision rejects the request from the Mohawk Mothers to halt or at least oversee the work, as they suspect that anonymous graves may have been illegally buried there in the 1950s and 1960s.
Published at 9:53 p.m. Updated at 10:14 p.m.
The Court of Appeal’s decision adds a new chapter to the ongoing dispute regarding excavation at the former Royal Victoria Hospital site, which involves the Mohawk Mothers, McGill University, and the Société québécoise des infrastructures (SQI).
Several years ago, McGill and the SQI initiated work to expand the university’s campus at this legal battleground. However, the Mohawk Mothers, or Kanien’kehà: ka Kahnistensera, opposed this development. Last June, they claimed to possess new evidence suggesting potential burials on the site, aided by dogs trained to detect human remains.
Read the article ““We are talking about living people who have died””
A legal battle with many twists and turns
In 2022, the Mohawk Mothers took legal action to stop the excavation work in order to protect any graves from being disturbed. The Superior Court had paused the work in October 2022, as McGill, the SQI, and the Mohawk Mothers sought to reach an agreement.
An initial agreement had been established among the three parties that allowed the work to proceed under the supervision of a panel of archaeologists, who would provide recommendations. In September 2023, the Mohawk Mothers filed an emergency motion in the Superior Court to request a halt to the work again, accusing the other parties of failing to adhere to this agreement.
PHOTO JOSIE DESMARAIS, LA PRESSE ARCHIVES
In 2022, the Mohawk Mothers took legal action to stop construction on the site of the former Royal Victoria Hospital, in order to avoid the destruction of any graves during the work.
A judgment was issued by the Superior Court of Quebec on November 20, 2023. Justice Gregory Moore authorized McGill and the SQI to resume excavation work under specific conditions. McGill was required to reinstate the panel of archaeologists who had been responsible for creating an archaeological excavation plan before the university terminated their contract in July 2023.
Since then, the SQI and McGill have contested these conditions and appealed to the Court of Appeal to have them overturned.
With Louis-Samuel Perron and Tatiana Mulowayi-Pelletier, The Press
Court of Appeal Allows McGill to Continue Excavation on Royal Victoria Hospital Site
McGill will be able to continue its excavation work on the site of the former Royal Victoria Hospital without conditions, the Court of Appeal ruled Friday. This decision rejects the request of the Mohawk Mothers to halt, or at the very least supervise, this work due to suspicions regarding anonymous graves that may have been illegally buried there in the 1950s and 1960s.
Published at 9:53 p.m. Updated at 10:14 p.m.
This ruling marks a significant turn in the ongoing dispute related to the excavation at the former Royal Victoria Hospital site. The conflict primarily involves the Mohawk Mothers and their opposition to McGill University and the Société québécoise des infrastructures (SQI).
A Legal Battle With Many Twists and Turns
Several years ago, McGill and SQI initiated work to extend the campus at this historical site, igniting controversy. The Mohawk Mothers, known in their language as Kanien’kehà:ka Kahnistensera, expressed their grievances against these plans. In June, they claimed to possess new evidence suggesting the presence of potential burial sites, supported by specially trained dogs capable of identifying human remains.
In response, the Mohawk Mothers launched legal action in 2022 to halt the construction, aiming to prevent the destruction of any possible graves. Initially, the Superior Court paused the work in October 2022, allowing the involved parties to negotiate an agreement.
Exploring the Legal Proceedings
In 2022, the Mohawk Mothers sought legal intervention to protect what they believe could be unmarked graves on the site. In an initial agreement, McGill, SQI, and the Mohawk Mothers planned to allow work focused on excavation but with oversight from archaeologists. However, the situation took another turn when, in September 2023, an emergency motion was filed. The mothers accused the other parties of failing to comply with the agreement.
On November 20, 2023, the Superior Court of Quebec made a ruling where Justice Gregory Moore permitted McGill and SQI to resume their excavation. The court stipulated specific conditions that required McGill to re-establish the panel of archaeologists, a contract that had been abruptly terminated by the university in July 2023.
The Response from the Mohawk Mothers
In their legal endeavor, the Mohawk Mothers argued that these excavations could potentially disturb burial sites of their ancestors, which they believe should be treated with dignity and respect. Their commitment to upholding the memory of the deceased underscores the cultural significance of the land in question.
The Mothers have faced challenges in attempting to maintain a level of oversight in the excavation process. Contending that the historical significance of the site is paramount, they remain devoted to ensuring that the history of their people is respected and preserved.
McGill and SQI’s Position
For McGill University and SQI, the continuation of excavation work is seen as vital for modernization and expansion of the university’s campus. They argue that proper procedures and measures have been established to mitigate risks to any potential burial sites.
Both entities express a commitment to conducting the excavation responsibly, in compliance with all legal and ethical guidelines. They assert that they are dedicated to working collaboratively to ensure that any findings that surface during the excavation are handled with care and respect.
Impact on the Community
The ongoing legal battle surrounding the excavation at the former Royal Victoria Hospital site has broader implications for the community. It raises critical questions about how historical sites should be treated and who holds the authority to make decisions about land that carries significant cultural weight.
Community responses have been varied, with many expressing apprehension towards perceived eradication of historical heritage. Through public demonstrations and other forms of advocacy, the Mohawk Mothers seek to educate the community on the importance of recognizing and honoring Indigenous history.
Benefits and Practical Tips for Community Engagement
- Stay Informed: Be aware of ongoing developments related to the excavation through local news and community bulletins.
- Participate in Discussions: Join community meetings or forums to share your voice regarding the significance of Indigenous heritage.
- Support Local Initiatives: Engage with groups that focus on the preservation of historical and cultural sites.
Case Studies of Similar Situations
| Location | Issue | Outcome |
|---|---|---|
| Kamloops, BC | Discovery of unmarked graves | National conversations on Indigenous rights initiated |
| Brandon, Manitoba | Site of former residential school | Government action for truth and reconciliation |
First-Hand Experiences
Individuals from the Mohawk community have shared their stories and the significance of maintaining their ancestors’ legacies. Many emphasize the importance of land as a spiritual entity and argue for respectful management of burial sites. These perspectives have shaped the ongoing debate surrounding the excavation.
PHOTO JOSIE DESMARAIS, LA PRESSE ARCHIVES
In 2022, the Mohawk Mothers took legal action to stop construction on the site of the former Royal Victoria Hospital, to prevent the destruction of graves.
