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Editor's note: After this story was published in the May 28 Yellowknifer, the GNWT issued a correction that amendments to the Archaelogical Sites Act were in progress before Deninu Kue First Nation expressed their concerns. This story contains references to residential schools that some readers may find disturbing.

Officials with the GNWT say they're working to amend legislation surrounding unmarked graves over a half-century old while Deninu Kue First Nation (DKFN) is objecting to being asked to apply for an archaeological permit.

DKFN has been working towards searching the grounds of St. JosephSA¹ú¼ÊÓ°ÊÓ´«Ã½™s Residential School for the remains of those who did not survive the institution. However, earlier in the year, the GNWT informed the Indigenous government it would need the required permit to proceed, which DKFN says is the GNWT trying to control their investigation.

"We will never apply for an archaeology permit; our children are not artifacts," wrote DKFN in a May 23 press release. "We are calling for an investigation by the coroner's office, working with ourselves, into the cause of death of the children who died while living at St. JosephSA¹ú¼ÊÓ°ÊÓ´«Ã½™s Residential School SA¹ú¼ÊÓ°ÊÓ´«Ã½” or any residential school.

"We do know that the children were mistreated and the majority of the children had TB (tuberculosis), but that the TB was not likely the cause of death for many of these children. We know there were many instances of abuse in the schools. For example, children who wet the bed would be placed in a tub of ice water in the morning. This would be a daily event for some children, which would have led to pneumonia. We also know that some children fell down the stairs and were never seen again by the other children. Indeed, one Elder states that his sister witnessed a child being hit on the back of the head, also never to be seen again.

"The above is reason enough for us to call for a Coroner's Office investigation."

Noting DKFN appreciates her sympathy on the matter, the press release goes on to state DKFN won't meet with Education, Culture and Employment (ECE) Minister Caitlin Cleveland, saying such a meeting would result in the children in question being legally treated as artifacts.

NNSL reached out to Deninu Kue First Nation, but was informed no one would be available to talk for over a week.

A spokesperson for ECE said the Archaeological Sites Act currently applies when dealing with unmarked graves considered to be 50 years old or older. The legislation is intended to protect burial sites from development impacts, but was written before the discover of mass graves at residential school sites.

"The GNWT acknowledges that there are regulatory gaps related to unmarked graves research and fully agrees that human remains are not objects or specimens," said Christina Carrigan, public engagement and open government senior advisor with ECE. "This is the first research project of this kind in the NWT. Given the importance of this project and the goal of identifying individuals in unmarked graves, careful excavation techniques must be used to ensure all possible information is recovered during the process.

"The archaeological permitting process is the GNWTSA¹ú¼ÊÓ°ÊÓ´«Ã½™s tool to ensure that the highest standards are applied to any excavation project and that the individuals have the necessary qualifications to undertake the work. The Archaeological Sites Act does not prevent the CoronerSA¹ú¼ÊÓ°ÊÓ´«Ã½™s office, when there is a marked grave, from performing an investigation when the Coroner is acting pursuant to the CoronerSA¹ú¼ÊÓ°ÊÓ´«Ã½™s powers under the Coroners Act."

Carrigan added the GNWT was working to amend the act to ensure there is a clear separation between human remains and artifacts, but that government work was underway before DKFN raised their concerns and amendments were identified as needed by the 19th Legislative Assembly.