Injunction Halts Excavation by McGill and Royal Vic Hospital

In a precedent setting ruling, Justice Gregory Moore of the Quebec Superior Court issued an injunction at the request of the Mohawk Mothers halting excavation in areas the Plaintiffs fear may contain unmarked graves of unidentified Indigenous children.

For a copy of Justice Moore’s judgment, click here.

The landmark ruling by the Court extensively cited principles of reconciliation and urged a new approach to Indigenous relationships. Kimberly Murray, the Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools (“Special Interlocutor”) sought and obtained special intervenor status permitting the filing of extensive record materials to assist the Honourable Court in arriving at its decision.

Lawyers Julian Falconer and Don Worme KC (supported by associates Mitch Goldenberg and Mark Ebert) made argument on behalf of the Special Interlocutor.


Kimberly Murray was appointed Special Interlocutor by the federal government on June 8, 2022, specifically to address issues related to unmarked graves and burial sites of Indigenous children in relation to Indian Residential Schools. Her mandate includes the responsibility to review current processes used across the country to identify, recover, and protect unmarked burial sites, as well as determining whether additional measures are necessary.

Related Documents:
Argument Plan of Special Interlocutor Murray – Oct. 27, 2022
Affidavit of Special Interlocutor Murray – Oct. 7, 2022

Related Media:
CBC News (October 28, 2022) “Mohawk elders win fight for injunction to stop work at Montreal’s Royal Vic Hospital

Eve Cable, The Eastern Door (October 28, 2022) “Mothers force Royal Vic Dig Halt

Leanne Sanders and Emelia Fournier, APTN News (October 28, 2022) “Mohawk Mothers win injunction against McGill at ‘David and Goliath’ hearing”

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