Unmarked graves: Supreme Court won’t hear Mohawk Mothers appeal over McGill expansion

Kahnesatake elders with Mohawk Mothers arrive at Superior Court Thursday, September 14, 2023 in Montreal. The group is seeking an injunction to stop the redevelopment of the old Royal Victoria Hospital.THE CANADIAN PRESS/Ryan Remiorz (Ryan Remiorz/The Canadian Press)

The Supreme Court of Canada has refused to hear an appeal from Indigenous 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 Mohawk Mothers 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 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 Mohawk group to seek leave to appeal at the Supreme Court.

This report by The Canadian Press was first published Jan. 16, 2025.