Mohawk Mothers go to Supreme Court over unmarked grave search at former Montreal hospital

The Mohawk Mothers are taking their legal battle to Canada’s highest court.

The group, also known as the Kanien’keha:ka Kahnistensera, believes Indigenous and non-Indigenous children may be buried in unmarked graves on the grounds of the former Royal Victoria Hospital and Allan Memorial Psychiatric Institute.

It’s the site of a future campus expansion for McGill University, which says no evidence of unmarked graves has been found.

In November 2023, a Quebec judge ordered McGill and the Société québecoise des infrastructures (SQI) to comply with a deal it reached with the Mohawk Mothers seven months earlier – which meant abiding by the recommendations of a panel of archaeologists on how the search should proceed.

In August, the Quebec Court of Appeal reversed that decision, calling that judge’s order “not enforceable.” McGill tells CityNews it considers that decision “well founded.”

Now the Mohawk Mothers say they will be filing a motion with the Supreme Court of Canada for the search to be overseen by the panel of experts.

McGill claims part of the agreement with the Mohawk Mothers was fulfilled after the panel submitted its second of two reports on July 17, 2023.

“It’s important to note the mandate letter to the panel members stipulated an end date of 17 July for their service contracts,” a McGill University spokesperson told CityNews in an email. “As the panel had carried out its mandate by that date, it dissolved, as it was intended to do. The settlement agreement nonetheless indicates that McGill, SQI and the Kahnistensera will seek the advice of the panel as to how to move forward if there is some unexpected discovery. To date, no unexpected discovery has been made.”

McGill adds it believes it has “respected the spirit and the letter” of the agreement with the Mohawk Mothers and will continue to do so.

“A strong Indigenous presence has been and will continue to be part of the archeological work on the site,” the spokesperson said. “Cultural monitors can be present to conduct appropriate cultural ceremonies. The Kahnistensera have also been present at the site during the work and receive regular updates and all reports produced by the professionals.”

The Mohawk Mothers, alongside independent special interlocutor Kimberly Murray, held a press conference outside the Supreme Court in Ottawa Tuesday afternoon.

The SQI acknowledged receiving CityNews’ request for comment.