Warrior Life Studios

Pam Palmater

Tag: murdered and missing Indigenous women and girls

  • Indigenous Inquiry [into murdered and missing Indigenous women and girls] a Slow Motion Implosion

    *(Originally published in the Lawyer’s Daily on August 8, 2017- edited)

    When the draft terms of reference of the National Inquiry into Murdered and Missing Indigenous Women and Girls were leaked to the media in the summer of 2016, many families, advocates, experts and communities were upset that there would be no investigation of the police — either their mishandling of individual files or their behaviour.

    This omission was a shock to most since police racism and abuse was raised at every pre-engagement session conducted by Indigenous Affairs seeking input into the inquiry’s mandate. Families and advocates immediately responded by writing open letters calling on the federal, provincial and territorial governments to ensure that police handling of individual files and police behaviour would be included in the final terms of reference. Despite their strenuous advocacy, the final terms of reference specifically excluded any review of individual files or police conduct.

    Since the launch of the inquiry in September 2016, it has been in slow motion implosion. The inquiry has been criticized for its numerous and lengthy delays, its failures to communicate with the families and its continued failure to provide information about schedules, logistics, process, or budgets. The Native Women’s Association of Canada raised the issue that their phone calls to the inquiry were not answered or returned and were instead redirected to Indigenous Affairs — leading some to question the objectivity of the inquiry.

    Then, one by one, the inquiry saw the resignations of some of its most senior staffers, including Michèle Moreau, the executive director; Chantale Courcy, director of operations; Tanya Kappo, manager of community relations; and Sue Montgomery, director of communications (the first, Michael Hutchinson, had been terminated). Several former staffers, speaking under condition of anonymity shared their concerns that the inquiry was lacking leadership and direction, and egos and power struggles have left it dysfunctional.

    The recent resignation of one of the commissoners, Marilyn Poitras, makes chief commissioner Marion Bulller’s strenuous denial of significant problems in the inquiry, look blatantly detached from the seriousness of the situation. This is especially true when her own fellow commissioners are resigning, admitting they haven’t done their jobs and that the inquiry is in “crisis mode.”

    To this end, an open letter was sent to the inquiry by a collective of Indigenous women, advocates and impacted family members calling for action and offering assistance. Others tried phone calls, e-mails and in-person meetings to try to get the inquiry back on track, with little obvious impact.

    https://nbmediacoop.org/2017/05/16/open-letter-to-chief-commissioner-marion-buller-on-the-national-inquiry-on-missing-and-murdered-indigenous-women-and-girls/

    The continued lack of action on the part of the inquiry led many prominent advocates, Indigenous leaders and concerned families to call for a hard reset of the inquiry — which included calls for new commissioners, extended timelines, additional budget and  improved terms of reference.

    Manitoba Keewatinowi Okimakanak (MKO) Grand Chief Sheila North Wilson, representing northern Manitoba First Nations, called for the current commissioners to resign and let the inquiry reset for the benefit of the families — a call shared by many. A hard reset is not without precedent as the Truth and Reconciliation Commission also struggled in the beginning and was reset with new commissioners and it was better for it. The issue of residential schools deserved a proper inquiry just as the issue of murdered and missing Indigenous women and girls deserves a competent, independent fulsome inquiry that has the time and resources necessary to address the core issues — which includes a review of individual files and police conduct.

    The issue of a hard reset also divided the chiefs at the most recent Assembly of First Nations (AFN) annual general assembly in Regina. Numerous family members attended the AFN assembly to plead with the inquiry’s commissioners to resign and reset the inquiry. The chiefs were deeply divided on the issue of reset but all seemed to agree that the inquiry was plagued with problems and recommended numerous improvements.

    Commissioner Buller’s statements prior to the chiefs’ vote that she would not resign regardless of the outcome of the vote, arguably created an adversarial relationship between Indigenous peoples and the inquiry. Many family members are saying that the inquiry has “already failed” and this division among the leaders and families on how to fix the broken inquiry is itself evidence that the inquiry lacks the trust it needs to do its job.

    Equally as concerning were the developments at the AFN assembly, where chiefs and families who wanted to address their concerns about the inquiry met with or spoke to Indigenous Affairs Minister Carolyn Bennett. Bennett was also quick to support the chiefs at the AFN in their calls for a soft reset of the inquiry.

    This inquiry is supposed to be independent of the federal government, yet by all appearances it is the federal government pulling the strings. The inquiry itself then scrambled to put together a press release on the very same day that families were calling for a hard reset of the inquiry claiming they will now review police conduct and individual files.

    This release has caused greater confusion because the inquiry is both empowered and limited by the terms of reference agreed to by the federal, provincial and territorial governments which specifically excluded the review of open or ongoing individual files (which for murdered and missing Indigenous women and girls are many) and police misconduct. Any information related to these matters must be referred back to police — the very same institutions that did not handle the files properly to begin with or that failed to take action against racist, abusive or sexually violent police officers. Misleading the families this way in order to avoid more calls for a hard reset is a huge injustice to the many families and communities who are relying on this process in good faith.

    What is clear despite all the confusion and dysfunction, is that a hard reset is required or it risks becoming like Wally Oppal’s Missing Women Commission of Inquiry where large numbers of witnesses pulled out of the inquiry and the resulting report lacks any credibility. The Ontario Native Women’s Association has already pulled out of the inquiry and many others may follow suit if the inquiry is not addressed. Canada owes the families and communities better if the prime minister meant what he said that there is no relationship more important to Canada than the one with Indigenous peoples.

    *The link to the article as originally published in the Law360 Canada.

    Please check out my related video on my Youtube Channel: https://www.youtube.com/watch?v=X3fZXfTsf60&t=2s

  • Inquiry into Murdered and Missing Indigenous Women and Girls Fatally Flawed

    (Originally published in Lawyer’s Daily on May 15, 2017)

    It looks like those who advocated for the long-awaited national inquiry into murdered and missing indigenous women and girls will be waiting a little while longer.

    Despite the promise from Liberal Prime Minister Justin Trudeau that the national inquiry would be his first order of business, it has been 19 months since his election and the inquiry hasn’t held a single day of hearings. Although the commissioners held two soft launches in September 2016 and February 2017 promising to launch the hearings soon, the inquiry has not started, nor will they hear from the families until fall 2017.

    Given that the commissioners were given exceptionally limited time to conduct the inquiry, the fact that they have already used up nine of the 26 months allocated to them is a major concern. At this point, the commissioners have very little to show for either the time used or the money spent to date — more than 10 per cent of its $53 million budget.

    Given the lack of communication from the commissioners to date, we are all left wondering what is going on.

    Equally concerning are reports that the federal government has been behind some of the delays by refusing to share its lists of potential witnesses with the commissioners or advance adequate funding to allow much-needed staffing to occur.

    The long list of Indigenous families, leaders and advocates raising public concerns has been met with extended periods of silence. Recent cancellations of scheduled meetings of the inquiry have led to increased criticism by the same indigenous families and advocates who originally pushed so hard for the inquiry. There are even calls for the inquiry to be “reset” both in terms of the panel of commissioners and the inquiry format itself.

    But, as problematic as all this administrative mess is — and it could very well unravel the inquiry — it is relatively minor in comparison to the fact that the inquiry, legally speaking, is fatally flawed.

    Even if the federal government had ensured the inquiry started earlier in Trudeau’s term, and even if the commissioners had been able to quickly launch hearings, neither of these conditions could save the inquiry from its flawed Terms of Reference.

    The Terms of Reference lack the two areas of inquiry that were most important to indigenous families, leaders and advocates: (1) a review of all the known police case files of murdered and missing Indigenous women and girls and (2) a comprehensive review and investigation of police behaviour, specifically racism, abuse and sexualized violence of Indigenous women and girls by police forces. Yet, these two things are specifically exempted or protected from review in the terms, forcing witnesses who want to give evidence about these issues, to go back to the very same police forces that committed the flawed investigations of their missing or murdered loved ones, or the same police forces that failed to act on abuses by their officers.

    There is no way to save this inquiry from such fatal flaws. The provinces and territories all passed orders-in-council to allow the inquiry to proceed in their jurisdictions based on the terms as drafted — in other words, based on these two exemptions. Yet this flies in the face of what Indigenous women, leaders and advocates have long requested and what the minister heard in the national engagement sessions leading up to the drafting of the terms.

    Despite the Human Rights Watch report about police officers sexually abusing Indigenous women and girls in British Columbia with impunity; or the police officers in Val D’or, most of whom will not face charges for allegations of ongoing sexualized abuse of indigenous women and girls in Quebec; or the rampant sexualized violence and discrimination within the RCMP as evidenced by the class action by its female members — none of this will be open for examination.

    At best, the commissioners might be able to look at systemic discrimination within policing policy — but nothing that gets to heart of why so many Indigenous women fear police, and why so many of their investigations, or lack thereof, have been challenged by the families. This poses a real risk that we will end up with an inquiry that is more damaging than helpful. We could end up with a report like that of commissioner Wally Oppal from the Pickton inquiry which hints at generalized police failures in investigations but doesn’t shine a light on the darker side of policing.

    One of the worst outcomes would be a report that presents a general historical overview of colonization, a recap of the well-known socioeconomic problems plaguing First Nations or one that represents the voices of so few indigenous witnesses that it misses the root problems altogether.

    The inquiry terms are already biased toward violence in general and best practices related to violence prevention and safety. This has already led many commentators to focus on domestic violence, which is part of the issue, but by no means the whole issue. Such an unstructured inquiry means we could end up with a report on the already well-documented research on domestic violence but have nothing about police violence for example.

    Given that the terms also focus the inquiry on the “vulnerabilities” of Indigenous women and girls as opposed to failures of federal, provincial and municipal governments and service agencies to protect the human rights of Indigenous women and girls — the inquiry risks missing the whole point. The fatal flaws of the Terms of Reference are reason enough for a reset of the inquiry.

    There is no shame in learning from the lessons of the Truth and Reconciliation Commission’s reset and making sure that the thousands of murdered and missing Indigenous women and girls, their families and communities get the inquiry they asked for and the justice they deserve.

    https://www.thelawyersdaily.ca/articles/3139/inquiry-into-murdered-and-missing-indigenous-women-and-girls-fatally-flawed-pamela-palmater?category=columnists

  • National Inquiry or National Disgrace? Trudeau’s Next Step is Critical

    Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

    (1)   Engage in a Nation-to-Nation relationship with First Nations;

    (2)   Lift the 2% cap in First Nations education;

    (3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

    (4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

    (5)   Complete a national inquiry on murdered and missing Indigenous women and girls.

    https://www.liberal.ca/realchange/justin-trudeau-at-the-assembly-of-first-nations-36th-annual-general-assembly/

    True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.

    http://www.aadnc-aandc.gc.ca/eng/1448638260896/1448638282066

    It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context – one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.

    http://pm.gc.ca/eng/ministerial-mandate-letters

    As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

    In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.

    http://aptn.ca/news/2016/07/20/leaked-document-appears-to-give-broad-powers-to-mmiw-national-inquiry/

    http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

    Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

    Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.

    http://www.theglobeandmail.com/news/national/families-feel-shut-out-after-draft-mandate-of-missing-murder-inquiry-leaked/article31071602/

    Protesters accuse Manitoba government of stalling MMIW inquiry

    http://www.cbc.ca/news/canada/british-columbia/terms-of-reference-mmiw-inquiry-lack-teeth-1.3689319

    While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

    (1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

    (2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

    (3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

    (4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

    (5)   Participant supports: There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.

    https://web.archive.org/web/20210228122859/http://www.amnesty.ca/news/statement-terms-reference-national-inquiry-missing-and-murdered-indigenous-women-and-girls

    My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

    As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.

    http://www.telesurtv.net/english/opinion/Ontario-Policing-Gang-Rapes-Murders-and-Child-Porn–20160201-0008.html

    This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.

     http://www.cbc.ca/news/canada/manitoba/mmiw-inquiry-police-steven-zhou-1.3690860

    Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.

    http://www.cbc.ca/news/canada/ottawa/abdirahman-abdi-siu-investigation-video-evidence-1.3700715

    But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.

    http://www.aadnc-aandc.gc.ca/eng/1463677554486/1463677615622

    Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses – Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

    Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less will live up to your Nation-to-Nation commitment. It’s never too late.

    Additional resources:

    http://www.telesurtv.net/english/opinion/Systemic-Sexism-in-Canada-Could-Derail-National-Inquiry-20160706-0021.html

     http://www.telesurtv.net/english/opinion/How-Canada-Should-Investigate-Violence-Against-Indigenous-Women-20160307-0016.html

  • National Inquiry or National Disgrace? Trudeau’s Next Step is Critical

    Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

    (1)   Engage in a Nation-to-Nation relationship with First Nations;

    (2)   Lift the 2% cap in First Nations education;

    (3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

    (4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

    (5)   Complete a national inquiry on murdered and missing Indigenous women and girls.

    https://www.liberal.ca/realchange/justin-trudeau-at-the-assembly-of-first-nations-36th-annual-general-assembly/

    True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.

    http://www.aadnc-aandc.gc.ca/eng/1448638260896/1448638282066

    It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context – one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.

    http://pm.gc.ca/eng/ministerial-mandate-letters

    As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

    In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.

    http://aptn.ca/news/2016/07/20/leaked-document-appears-to-give-broad-powers-to-mmiw-national-inquiry/

    http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

    Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

    Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.

    http://www.theglobeandmail.com/news/national/families-feel-shut-out-after-draft-mandate-of-missing-murder-inquiry-leaked/article31071602/

    https://warriorpublications.wordpress.com/2016/07/27/protesters-accuse-manitoba-government-of-stalling-mmiw-inquiry/

    http://www.cbc.ca/news/canada/british-columbia/terms-of-reference-mmiw-inquiry-lack-teeth-1.3689319

    While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

    (1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

    (2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

    (3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

    (4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

    (5)   Participant supports: There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.

    http://www.amnesty.ca/news/statement-terms-reference-national-inquiry-missing-and-murdered-indigenous-women-and-girls

    My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

    As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.

    http://www.telesurtv.net/english/opinion/Ontario-Policing-Gang-Rapes-Murders-and-Child-Porn–20160201-0008.html

    This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.

     http://www.cbc.ca/news/canada/manitoba/mmiw-inquiry-police-steven-zhou-1.3690860

    Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.

    http://www.cbc.ca/news/canada/ottawa/abdirahman-abdi-siu-investigation-video-evidence-1.3700715

    But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.

    http://www.aadnc-aandc.gc.ca/eng/1463677554486/1463677615622

    Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses – Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

    Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less with live up to your Nation-to-Nation commitment. It’s never too late.

    Additional resources:

    http://www.telesurtv.net/english/opinion/Systemic-Sexism-in-Canada-Could-Derail-National-Inquiry-20160706-0021.html

     http://www.telesurtv.net/english/opinion/How-Canada-Should-Investigate-Violence-Against-Indigenous-Women-20160307-0016.html

     

     

     

  • Gang Rapes, Murders and Planting Evidence: New TV Show? No, Welcome to Ontario Policing

                   Pam Palmater and Toronto Police Inspector Steve Irwin Giving Testimony Before Parliament (CBC News) In 1989, the Royal Commission on the Donald Marshall Jr., Prosecution found that the criminal justice system failed Marshall “at virtually every turn” due “to the fact that Donald Marshall, Jr., is a Native.”[i] Donald Marshall Jr., was a Mi’kmaw man who spent over a decade in prison after being was wrongfully convicted of murder. In 1999, The Aboriginal Justice Inquiry of Manitoba concluded that: “The justice system has failed Manitoba’s Aboriginal people on a massive scale.”[ii] Again in 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform noted we still have the same problem: “[R]acism is a major obstacle to healthy relations with the First Nations and … police organizations.”[iii] After the shooting death of unarmed land defender, Dudley George, the Ipperwash Inquiry concluded in 2007 that: “cultural insensitivity and racism was not restricted to a few ‘bad apples’ with the OPP but was more widespread.”[iv] It’s #2016, and we still have the same problem and it looks like police racism and violence against Indigenous peoples has spread to women and racialized minorities everywhere.

    This week, all of Toronto’s attention had been on the conviction of Toronto police officer James Forcillo, who was found guilty of attempted murder in relation to the shooting death of Sammy Yatim.[v] Yatim was an 18 year old young man who only possessed a small pocket knife, when he was mortally shot three times in the heart. The officer then shot him 6 more times and was joined by another officer who then tazered him.[vi] The temptation is to think: one bad apple. Yet, only three days after the verdict, four Toronto police officers were arrested with seventeen charges related to planting evidence on a suspect and obstructing justice (lying) – all suspended with pay.[vii] What seemed to get even less attention were the three Toronto police officers who were charged in a gang sexual assault on female member of the Toronto police force and, like their colleagues, were all suspended with pay.[viii]

    The problem is so critical in Toronto that there is even an organization called, Affected Families of Police Homicide which helps advocate on behalf of the teenagers, many unarmed who lost their lives to police action.[ix] Many of these victims come from Indigenous or racialized backgrounds. This isn’t a Toronto phenomenon, though it appears to be particularly acute in Toronto. In the same year, a York Regional police officer who had served on the force for 31 years was charged with sexual assault of a minor.[x] The little girl was not even 12 years old. Then there’s the Peel Region Police Officer Craig Watier charged with child porn related offences; Ontario Provincial Police officer Mark Maltais charged with a child porn offence – but suspended with pay; and Toronto Police officer Darious Kisielewski charged with making and possessing child porn.[xi]

    One of the more disgusting elements of police racism and violence in Ontario is the high degree of impunity the police seem to enjoy – all while getting paid. At the moment, there are at least 50 police officers suspended with pay in Ontario, at a cost of over $4.5 million to Ontarians.[xii] The primary concern seems to be that these men get paid, not the racialized people, women or children who are their victims. It should come as no surprise that we have a crisis of murdered and missing Indigenous women and girls in this country, when the police themselves become the predators. Whether it’s outright targeting of Indigenous women and girls for violence, or refusing to protect them by locating the missing and convicting the killers – police racism and violence is exacerbating an already crisis issue.

    It’s not just Ontario’s regional or municipal polices forces. The RCMP, Canada’s national police force is literally rampant with police racism and violence. Manitoba RCMP Constable Kevin Theriault arrested an Indigenous woman at a house party for “intoxication”, locked her in a police cell, and showed up later in his street clothes and took her to his home with the intent to have a “personal relationship” with her.[xiii] Fellow officers goaded him on and even his senior officer said: “You arrested her, you can do whatever the fuck you want to do.”[xiv] His punishment was the loss of only seven days’ pay.[xv] Human Rights Watch documented numerous reports of abusive policing in British Columbia by the RCMP who are accused of raping and assaulting Indigenous women and girls in custody.[xvi] No one was brought to justice in those cases.

    This phenomenon is not unique to BC and Ontario, as eight Quebec police officers were recently suspended after numerous allegations of sexual assault against Indigenous women were brought forward.[xvii] In Nova Scotia, RCMP were suspended for sexual assault of co-workers.[xviii] In Alberta, a 34-year veteran with RCMP charged in sexual assault of 12 year old girl.[xix] Even within the RCMP, sexual assault and harassment against their own female officers appears to be rampant as over 300 women have filed a class action lawsuit.[xx] Evidence of the wide-spread nature of police violence against women in general is staggering. But who are we going to complain to? Experts tell us that the conviction rate against police officers in Ontario and the RCMP is astronomically small. Then when we see a provincial court judge from BC imprisoned for sexually assaulting Indigenous girls between the ages of 12 and 16, we begin to wonder what the options are for society.[xxi]

    This phenomenon of police violence and corruption appears to be widespread in Canada and the United States. Many grassroots groups and organizations have come together to shine a light on the victims of police violence, corruption and racism. Black Lives Matter that became “the rallying cry of the new movement against racist police violence”.[xxii]Disarm Toronto Police, Cop Watch, Police Watch, and Citizens Against Police Brutality – social media is growing with citizen groups organizing all over North America to bring awareness to police violence and address impunity. This is just the tip of the iceberg of what we know is happening in Ontario -the frightening part of what we don’t know. How many more victims are there who never brought their complaints forward thinking no one would believe them over a police officer?

    Ontario – you have a problem. So far, no one from the mayor, to the police chief to the Premier has stood up and expressed the horror the rest of us feel by the increasing police violence in this province. Gang rape is not something that should be heard in conjunction with police officers. Someone needs to show some leadership and clean up the cop shop. Police are hired to protect Ontarians and keep them safe from predators – not become the predators. This situation has reached crisis proportions and needs an immediate and comprehensive emergency action plan that includes independent investigations and legislative amendments. The days of police investigating police must be over. Every rape, assault or murder of citizens in Ontario, committed by police is now on the hands of those who have the power to do something about it.

    It’s your move Ontario. #racismkills

    [i] Chief Justice Hickman, Chairman, “Royal Commission on the Donald Marshall, Jr., Prosecution”, (Halifax: Province of Nova Scotia, 1989), online: <https://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf> at 1.

    [ii] Aboriginal Justice Inquiry of Manitoba, “Report of the Aboriginal Justice Inquiry of Manitoba” (Winnipeg: Province of Manitoba, 1999), online: <http://www.ajic.mb.ca/volume.html> at 1.

    [iii] W. Littlechild, Chair, “Legacy of Hope: An Agenda for Change: Final Report from the Commission on First Nations and Metis Peoples and Justice Reform”(Saskatchewan: 21 June 2004), vol.1, online: <http://www.justice.gov.sk.ca/justicereform/volume1.shtml> and vol.2, online: <http://www.justice.gov.sk.ca/justicereform/volume2.shtml> at 5-6.

    [iv] S. Linden, Commissioner, “Report of the Ipperwash Inquiry” (Toronto: Province of Ontario, 2007), vol.2, online: <http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/report/vol_2/pdf/E_Vol_2_Full.pdf> at 272.

    [v] W. Gillis, The Star, “‘Mystery’ charge only one that sticks in Sammy Yatim slaying” (Toronto: The Star, 26 January 2016), online: <http://www.thestar.com/news/crime/2016/01/25/mystery-charge-only-one-that-sticks-in-sammy-yatim-slaying.html>.

    [vi] A. Hasham, The Star, “Forcillo guilty of attempted murder in shooting death of Sammy Yatim” (Toronto: The Star, 25 January, 2016), online: <http://www.thestar.com/news/crime/2016/01/25/jury-returns-in-murder-trial-for-const-james-forcillo-charged-in-shooting-death-of-sammy-yatim.html>.

    [vii] P. Edwards, The Toronto Star, “Toronto police officers charged with obstructing justice, perjury” (Toronto: The Star, 28 January 2016), online: <http://www.thestar.com/news/crime/2016/01/28/toronto-police-officers-charged-with-obstruction-of-justice-perjury.html>.

    [viii] M. Krishnan, et al; The Star, “Three Toronto police officers charged with gang sexual assault” (Toronto: The Star, 19 February 2015), online: <http://www.thestar.com/news/crime/2015/02/19/three-toronto-police-officers-charged-with-sexual-assault.html>.

    [ix] A. Carter, CBC News, “Victim’s rights group lobbying province, SIU for change” (Toronto: CBC News, 5 December 2013), online: <http://www.cbc.ca/news/canada/hamilton/news/victim-s-rights-group-lobbying-province-siu-for-change-1.2451123>.

    [x] CBC News, “York Regional Police officer charged with sexual assault involving a minor” (Toronto: CBC News, 11 November 2015), online: <http://www.cbc.ca/news/canada/toronto/york-police-1.3314053>.

    [xi] J. Moore, NewsTalk 1010, “Update: Former York Regional Police Sergeant accused of sexually assaulting a young girl” (Toronto: NewsTalk 1010, 11 November 2015), online: < http://www.newstalk1010.com/news/2015/11/11/update-former-york-regional-police-sergeant-accused-of-sexually-assaulting-a-young-girl>. CBC News, “Peel Regional Police officer faces child pornography, fraud charges” (Toronto: CBC News, 19 August 2015), online: <http://www.cbc.ca/news/canada/toronto/peel-regional-police-officer-faces-child-pornography-fraud-charges-1.3197105>. L. Dunick, TBNewWatch, “OPP sergeant facing possession of child porn charge” (Thunder Bay: TBNewsWatch, 28 January 2016), online: <http://www.tbnewswatch.com/News/380386/OPP_sergeant_facing_possession_of_child_porn_charge>. T. Alamenciak, The Star, “Toronto police officer charged with making child pornography” (Toronto: The Star, 10 September 2013), online: <http://www.thestar.com/news/crime/2013/09/10/toronto_police_officer_charged_with_making_child_pornography.html>.

    [xii] M. Crawley, CBC News Toronto, “At least 50 police officers currently suspended with pay in Ontario” (Toronto: CBC News, 28 January 2016), online: < http://www.cbc.ca/news/canada/toronto/toronto-ontario-police-suspended-with-pay-1.3424010>.

    [xiii] Indian Country Today Media Network, “Outrage over Mountie who took intoxicated native woman to his home” (ICTMN, 1 September 2015), online: <http://indiancountrytodaymedianetwork.com/2015/01/09/outrage-over-mountie-who-took-intoxicated-native-woman-his-home-158629>.

    [xiv] H. Moore, CBC News, “Mountie takes woman home from jail to ‘pursue a personal relationship’” (Manitoba: CBC News, 8 January 2015), online: <http://www.cbc.ca/news/canada/manitoba/mountie-takes-woman-home-from-jail-to-pursue-a-personal-relationship-1.2893487>.

    [xv] Ibid.

    [xvi] Human Rights Watch, “Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada” (Washington: Human Rights Watch, 2013), online: <https://www.hrw.org/sites/default/files/reports/canada0213webwcover_0.pdf>.

    [xvii] APTN National News, “Eight Quebec police officers suspended in wake of alleged sexual assaults on Aboriginal women” (Winnipeg: APTN, 23 October 2015), online: <http://aptn.ca/news/2015/10/23/eight-quebec-police-officers-suspended-in-wake-of-alleged-sexual-assaults-on-aboriginal-women/>.

    [xviii] Halifax Metro, “Nova Scotia RCMP suspend officer for alleged assault, sexual assault of female coworkers” (Halifax: Halifax Metro, 2 April 2015), online: <http://www.metronews.ca/news/halifax/2015/04/02/nova-scotia-rcmp-suspend-officer-for-alleged-assault-sexual-assault-of-female-coworkers.html>.

    [xix] P. Roth, Edmonton Sun, “High0ranking Fort McMurray Mountie charged with cold-case sex assault of teen” (Edmonton: Edmonton Sun, 15 April 2014), online: <http://www.edmontonsun.com/2014/04/15/high-ranking-fort-mcmurray-mountie-charged-with-cold-case-sex-assault-of-teen>.

    [xx] A. Woo, The Globe and Mail, “Sexual Harassment claims against RCMP reach 336” (Vancouver: The Globe and Mail, 18 July 2014), online: <http://www.theglobeandmail.com/news/british-columbia/sexual-harassment-claims-against-rcmp-reach-336/article19669218/>.

    [xxi] CBC News Canada, “Ramsay gets 7 years for sexual assault” (Ottawa: CBC News Canada, 1 June 2004), online: <http://www.cbc.ca/news/canada/ramsay-gets-7-years-for-sexual-assault-1.479237>.

    [xxii] K. Petersen-Smith, “Black Lives Matter: A new movement takes shape” (2015) International Socialist Review Issue 96.