Papal comment on Kamloops residential school an 'avoidance of responsibility,' says Murray Sinclair
Former senator also criticized the Catholic Church for not releasing records related to residential schools
WARNING: This story contains distressing details.
Former senator Murray Sinclair calls a statement by Pope Francis addressing the discovery of remains of an estimated 215 children on the grounds of a former residential school in Kamloops an "avoidance of responsibility."
Francis, speaking Sunday in St. Peter's Square, said that he was pained by the news and expressed feeling close to "the Canadian people, who have been traumatized by the shocking news."
He stopped short of offering an apology for the Catholic Church's role in operating many of the residential schools across the country.
"They're quite afraid to make any kind of an apology because an apology will be taken in some jurisdictions, they believe, as an admission of liability, and that can easily be seen in their avoidance of taking responsibility," said Sinclair, speaking Sunday with Cross Country Checkup host Ian Hanomansing.
Sinclair also criticized the Catholic Church for not releasing documents related to residential schools in Canada. Prime Minister Justin Trudeau called on the Vatican to do so last week, urging Canadians to pressure faith leaders.
WATCH | Cardinal Thomas Collins speaks with CBC's Rosemary Barton
Cardinal Thomas Collins, the archbishop of Toronto, told CBC's Rosemary Barton on Sunday that, to his knowledge, no relevant records are being hidden, and downplayed suggestions that the Vatican itself has any additional records.
But Sinclair says that the Church has "refused to participate" in a third-party investigation.
"I have challenged them to allow an independent mediation process to be put in place, and somebody else can be allowed to investigate their archives to determine if those records are, in fact, there," he said.
Vancouver Archbishop J. Michael Miller issued a formal apology last week, and committed to providing Tk'emlúps te Secwépemc First Nation with the archives and records related to all residential schools. He urged other Catholic and government organizations to do the same.
Calls for ICC investigation offers 'false hope'
Sinclair also downplayed calls for the International Criminal Court to investigate the Canadian government and the Vatican for crimes against humanity following the preliminary findings from the former Kamloops Indian Residential School.
Fifteen lawyers have made the request to the ICC's chief prosecutor Karim Khan.
Given much of what took place at residential schools occurred before the United Nations adopted the Genocide Convention in 1948, Sinclair says it was recognized during his work with the Truth and Reconciliation Commission (TRC) that it would be a difficult legal battle.
The court "would likely acknowledge that they probably didn't have jurisdiction over much of what the evidence is," he said.
WATCH | Murray Sinclair calls for investigation into burial sites near former residential schools
Payam Akhavan, a professor of international law at McGill University and a former UN war crimes prosecutor at The Hague, told Checkup that taking the case before the ICC could give survivors "false hope," noting it does not have jurisdiction over historical crimes before July 1, 2002.
"But there is yet another problem: the International Criminal Court only exercises jurisdiction where national courts are unable or unwilling," Akhavan said.
"So if there is a question of criminal justice, it's a matter to be raised before the Canadian courts, but the challenge there is to identify living perpetrators of acts that would qualify as culpable homicide."
Akhavan says the focus should be on the TRC's calls to action, including the establishment of a registry of residential school students using records provided by the Catholic Church.
"We need to speak about justice very seriously. But I'm afraid that criminal justice may not be the answer," he said.
Support is available for anyone affected by their experience at residential schools, and those who are triggered by the latest reports.
The national Indian Residential School Crisis Line has been set up to provide support for former students and others. People can access emotional and crisis referral services by calling the 24-hour line: 1-866-925-4419.
Written by Jason Vermes with files from Steve Howard, Mouhamad Rachini and CBC News.