Archaeological digs to take place at old Royal Vic site after Kanien'kehá:ka elders strike deal

The Kanien'kehá:ka elders known as the Mohawk Mothers have reached a deal with the province to ensure archaeological excavations will take place on the site of the former Royal Victoria Hospital in Montreal, where there are believed to be unmarked graves of Indigenous people, including children.

"This is absolutely a first in Canada for setting a precedent for how Indigenous people can work with the oppressor," said Julian Falconer, the lawyer for Canada's special interlocutor on missing children and unmarked graves.

Thursday, the Superior Court of Quebec ratified an agreement signed between the Kanien'kehá:ka kahnistensera, the City of Montreal, McGill University and the Société québécoise des infrastructures (SQI), which is responsible for the revitalization of the site.

McGill University aims to develop the old Royal Vic, which is owned by the province. But for years, the Kanien'kehá:ka mothers have been in court battling to halt excavation.

They have argued there may be unmarked graves on or near the site, following CIA-funded brainwashing experiments in the 1950s and 1960s.

They said the site may also house archeological remains from the first pre-colonial Iroquois village.

The group filed a civil suit in March demanding the suspension of McGill University's redevelopment plans for part of the former hospital.

After two days of hearings in late October, a Quebec Superior Court judge issued an oral decision in the group's favour, granting the emergency, temporary injunction they requested.

On Thursday, that deal was made official in court.

"For us, it's a big step and it says that Indigenous law works," said Kwetiio, one of the mothers.

"This is snapshot of what can be used — it's a process that can be used to help other people."

Kwetiio said other grounds like the Royal Vic need similar action. Now there is a legal avenue to take to fight against developing and excavating unmarked graves, she said. This victory shows that it is possible to win these cases and she hopes it inspires others to do the same.

And if other groups do launch similar fights, she said the mothers will be there to help.

"We do it on our own as a people," Kwetiio said. "And the way we work, we don't just help ourselves. We help everybody."

Under the deal, a panel of independent archeologists will examine the site to determine if it's likely there are remains there, and then make binding recommendations.

That panel of archeologists now has three months to study the site.

It will not be the first time archeologists have investigated the property.

After the decision in October, a spokesperson for the SQI said the Hersey Pavilion excavation was already done.

Francis Martel, an SQI spokesperson, said the excavation was needed to connect sewer and water lines so as to make the building independent from the former hospital.

Archaeological research was carried out before the work began, he said.

Archaeologists were on site during each excavation, as were invited representatives of the Indigenous communities, he said. A bioarchaeologist, who specializes in the study of skeletal remains, was also available to provide expertise, Martel said.

The SQI has held meetings with members of the local Indigenous communities and other interested stakeholders over the past few days, and everything was communicated through an Oct. 3 newsletter that was widely distributed, Martel said at the time. 

The SQI will also continue to keep Indigenous communities and all other stakeholders informed if other work must be done on the hospital site, said Martel.

If significant archaeological remains had been uncovered, the work would have been interrupted and measures to protect the remains would have been applied, he added.

The SQI is developing a master plan for the entire hospital site in collaboration with McGill University, the Ministry of Culture and the city of Montreal.