These requirements render the House of Commons resolution not only illegitimate but clownishly laughable
As for Article II of the genocide convention, the only clause remotely relevant to the residential schools is the one dealing with “Forcibly transferring children of the group to another group” “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” Even “remotely relevant” is an overstatement because the largely voluntary attendance of children at the Indian Residential Schools was a temporary measure for no more than 30 percent of Treaty Indians, with nearly all students save orphans or abandoned children returning to their homes on summer and other holidays. Moreover, absenteeism at these schools was high and the average length of attendance was 4.5 years, hardly enough time for total assimilation to Western lifeways.
Equally important, Gazan’s motion was presented with no supporting evidence or debate yet received unanimous consent from MPs in the House of Commons in less than a minute.
Likewise, it is beyond comprehension that no member of the House had the knowledge, let alone courage, to remind Gazan that her motion repudiated the jurisdiction of the International Criminal Court, an independent, permanent court of last resort Canada helped create that has jurisdiction to investigate and prosecute the most serious crimes of international concern, namely genocide and crimes against humanity.
Moreover, Canada assisted in shaping the international consensus on how genocide should be handled: only living individual persons can be prosecuted, the prosecution must take place at the International Criminal Court in The Hague, and no living individual person can be prosecuted for actions which preceded the coming into force of the Rome Statute on July 1, 2002.
These requirements render the House of Commons resolution not only illegitimate but clownishly laughable.
Tomorrow Part 3