Supreme Court won't hear Mohawk Mothers appeal over McGill expansion at former hospital

The Supreme Court of Canada has refused to hear an appeal from Kanien'kehá:ka elders who were seeking greater oversight over a university construction site in Montreal where they suspect unmarked graves of children are located.

An application for leave to appeal was dismissed today by the country's highest court, which gave no reason for its decision, as is custom.

The group called the Mohawk Mothers, also known as the Kanien'kehá:ka Kahnistensera, alleges there are bodies of Indigenous patients buried on and around the grounds of the former Royal Victoria Hospital, which McGill University is renovating to expand its downtown campus.

In 2022, the group sued McGill and the provincial body that supports infrastructure projects, and obtained an injunction ordering a pause on the university expansion.

As a result of that ruling, the parties negotiated an agreement in 2023 for a panel of archeologists to oversee the renovations and monitor for the possibility of graves.

But following a conflict, the Mohawk Mothers returned to court and obtained a safeguard order in November 2023 forcing the parties to abide by the agreement.

However, the Quebec Court of Appeal overturned that ruling in August 2024, calling the agreement unenforceable and vague, a decision that led the group to seek leave to appeal at the Supreme Court.