On June 3, 2021, 22 lawyers filed a complaint with the International Criminal Court. This complaint referred to “the recent discovery of a mass unmarked grave of 215 Indigenous children…” and that “the deaths, mass unmarked grave and general treatment of the 215 deceased children constitute crimes against humanity”.
The complaint is cc’d to four people. The sending of the complaint to the Kamloops RCMP Supt. Syd Lecky appeared to be sending a message that the RCMP should stand down with respect to the investigation, and allow the matter to be investigated by a more “independent” body.
On the website of the firm that initiated the complaint, Foster LLP, it is noted that
The details of all of the 22 lawyers who signed the complaint are available below
Brendan Miller was interviewed about the complaint in June 2021.
Jonathan Denis was interviewed by CPAC on June 4, 2021
On June 6, 2021, The Assembly of First Nations passed a motion moved by Rosanne Casimir “to seek justice through invervention at the International Criminal Court” with respect to the “unmarked graves and the general treatment of the 215 deceased children”, which “constitute crimes against humanity”.
The third author of the submission, Donna Kennedy-Glans, wrote an article in The Calgary Herald on June 12, 2021.
A signatory of the complaint, Andrew Phypers, was interviewed by APTN in June 2021.
To date, none of the lawyers involved have issued a retraction. In fact, the announcement of the complaint is still on Foster LLP’s website.
On November 23, 2021, it was reported that the ICC declined to investigate the complaint.
On September 13, 2022, Dr Chile Eboe-Osuji, former President and Judge of the International Criminal Court, informed Special Interlocutor Kimberly Murray and those present at her National Gathering in Edmonton of the reasons why the ICC would not be able to investigate the complaint.
On November 27, 2024, Kimberly Murray stated that she had submitted her report to the International Criminal Court requesting that Canada be prosecuted by it.
