Independent Special Interlocutor and Mohawk Mothers appear at Quebec Court of Appeal
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Posted by Shelby Percival
- Posted in BlogsNews
On January 16, 2024, the Quebec Court of Appeal heard arguments from McGill University and Quebec’s public infrastructure society (the SQI) asking for Leave to Appeal the Quebec Superior Court’s November 20, 2023 decision that ordered them to follow the Settlement Agreement signed with Indigenous representatives, the Mohawk Mothers.
The landmark settlement agreement mandated that a proper investigation take place in the spirit of reconciliation for potential unmarked graves and burial sites at the redevelopment site of Montreal’s Royal Victoria Hospital.
McGill and the SQI fired the Expert Panel on August 2, 2023, and have since taken unilateral control of the investigation, which is using ground-penetrating radar and Historic Human Remains Detection Dogs to locate anomalies at the redevelopment site.
Kimberly Murray, the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools (“the Independent Special Interlocutor”) intervened in court proceedings in Montreal, Quebec on January 16, 2024, to support the Mohawk Mothers. The Mohawk Mothers challenged the Defendants, McGill and the SQI for continually litigating the matter when the Superior Court interpreted their actions in firing the Expert Panel as a breach.
The Independent Special Interlocutor, represented by Julian Falconer and Mitchell Goldenberg of Falconers LLP, sought, and was granted intervenor status in the proceedings in the Fall of 2022.
The decision of Justice Moore endorsed archaeological best practices and the importance of an Indigenous-led investigation into potential graves on the Royal Victoria Hospital redevelopment site.
Related Documents:
- Outline of Oral Argument – Special Interlocutor – McGill Appeal – January 16, 2024
- Outline of Oral Argument – Special Interlocutor – SQI Appeal – January 16, 2024
- Decision of Justice Moore – November 20, 2023
- Independent Special Interlocutor’s Argument Plan – October 27, 2023
- Mohawk Mothers Motion for Breach of Settlement Agreement – October 20, 2023
- Affidavit of the Independent Special Interlocutor – October 23, 2023
- Injunction Judgment of Justice Gregory Moore – October 27, 2022
- Rectified Settlement Agreement – April 6, 2023
Previous Postings:
https://falconers.ca/mcgill-sqi-found-in-breach-of-court-ordered-settlement-for-firing-expert-panel-at-royal-vic-redevelopment/ – Nov. 21, 2023
https://falconers.ca/mcgills-firing-of-independent-expert-panel-lands-parties-back-in-court/ – October 28, 2023
https://falconers.ca/quebec-superior-court-proceedings-hear-evidence-of-cadaver-dogs-identifying-possible-human-remains/ – June 29, 2023
https://falconers.ca/historic-deal-in-search-of-indigenous-children/– April 20, 2023
https://falconers.ca/quebec-superior-court-orders-stop-to-excavation-at-mcgill-royal-victoria-hospital-site/ – October 28, 2022
https://falconers.ca/independent-special-interlocutor-kimberly-r-murray-seeks-to-intervene-to-protect-missing-children/ – September 7, 2022
