Déja Vu: RCMP Report on Murdered and Missing Indigenous Women

After much prodding by the media, and the Harper government’s (Minister of Public Safety) review and approval, the RCMP finally released their report on murdered and missing Indigenous women. Although slated for a March release, in typical Conservative style, the much-delayed report was released on a Friday before the Victoria Day long weekend. The report not only confirmed the over-representation of Indigenous women as murdered and missing in Canada, but the figure of 1181 was nearly double the 600+ figure originally reported by the Native Women’s Association of Canada (NWAC).

http://www.rcmp-grc.gc.ca/pubs/mmaw-faapd-eng.htm

Indigenous women suffer a victimization rate three times higher than the Canadian population and are grossly over-represented in the number of women that go murdered and missing. While homicides have declined for Canadian women, the same cannot be said for Indigenous women. Indigenous women make up 4% of the population in Canada but 11% of the missing women and 16% of the murdered women. While these numbers are high, the levels in the western provinces and northern territories are frightening. The number of murdered Indigenous women in Manitoba is 49% and in Saskatchewan its 55%.

On the positive side, the RCMP finally turned their investigative minds to this serious issue. Because the reality is, if the RCMP can’t be motivated to look into this crisis, there is little chance in getting their assistance in addressing it. We also now have additional statistics that the show that the problem is worse than originally thought which one would hope would spur the RCMP and others into emergency action. Further, it was important that the RCMP recognized that more than a police response will be needed to address this crisis and that all of the socio-economic issues must also be addressed.

That’s the extent to which I can be positive about this report. For the most part, this report just recycled information we already knew. We already knew the over-representation of Indigenous women and girls in murdered, missing and victimization rates, as well as the socio-economic conditions which make Indigenous women and girls vulnerable. Secondly, this report suffers from a glaring omission – an analysis of the RCMP’s role in this crisis. While there are many good men and women in the RCMP who believe in justice, those who do not, need to be exposed. Finally, if this report is any indication of an RCMP “action plan” – very little is going to change. If we can’t get real about the root causes of this crisis, we’ll still be talking about this in ten years.

In 1989, the Report of the Royal Commission on the Donald Marshall Jr., Prosecution concluded that Marshall had been wrongfully convicted of murder and spent years in jail simply because he was Mi’kmaw. “The criminal justice system failed Donald Marshall Jr., at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal.” The report went further to investigate how prominent “White” people were treated with Mi’kmaw people when accused of crimes. It concluded that the RCMP would not pursue investigations of prominent “White” people despite the evidence which showed an “undue and improper sensitivity to the status of the person being investigated” and made “the ideal of justice for all meaningless”.

http://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf

The 1991 Report of the Aboriginal Justice Inquiry of Manitoba looking into the murder of Helen Betty Osborne also concluded that despite the fact that it is well-known that Aboriginal women and girls suffer extreme rates of violence, the Justice system does not protect them. In the case of Osborne, the RCMP treated the Indigenous witnesses brutally in comparison to how they treated the “white” accused.

http://www.ajic.mb.ca/volume.html

Just in case the RCMP forgot that there was an issue in need of attention, the United Nations Rapporteur rang the alarm in 2004 when he concluded that the over 500 murdered and missing Indigenous women in Canada had been neglected for far too long by Canada. Again in 2010, NWAC brought the issue to the public eye by releasing their research which showed there were at least 600+ murdered and missing and stated that the numbers of Indigenous women and girls that are murdered while in police custody, prisons or child welfare authorities also needed to be investigated.

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/100/26/PDF/G0510026.pdf?OpenElement

Twenty years after Helen Betty Osborne’s death, a serial killer named Robert Pickton was able to kidnap and murder Indigenous and non-Indigenous women with little fear of getting caught. Why? According to Forsaken: The Report of the Missing Women Commission of Inquiry, Pickton was able to prey at will due to “critical police failures” to take reports of missing women, follow up and investigate thoroughly or in a timely way. Issues of racism, systemic bias and victim-blaming were all noted in the report.

http://www.ag.gov.bc.ca/public_inquiries/docs/Forsaken-ES.pdf

The most disturbing of all reports is the 2013 report entitled Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Colombia prepared by Human Rights Watch. This report concluded that Indigenous women and girls are not only “under-protected” by the RCMP but are in fact the objects of RCMP abuse. They highlighted the many allegations of RCMP officers sexually exploiting and abusing young Indigenous girls.. There are reports of confinement, rape, and sexual assault on Indigenous girls and some have led to law suits. They also reported on a class action law suit against the RCMP by its own female officers for sexual harassment and gender discrimination.

http://www.hrw.org/sites/default/files/reports/canada0213webwcover.pdf

While the government and RCMP have, at times, tried to blame the victims for their own circumstances, it seems very clear that a large part of the problem is government and RCMP’s racist and sexist attitudes towards Indigenous women and girls. In addition to Canada’s discriminatory laws and policies against Indigenous peoples generally, and women specifically, the Human Rights Watch group even reports on an example of the judiciary being involved in the abuse against these girls. David Ramsay, a provincial court judge, was accused of sexually assaulting and violently abusing girls between 12 and 17 and eventually plead guilty. How are Indigenous women and girls supposed to get justice if the Justice system participates in the abuse and rape of these women?

http://www.canada.com/theprovince/news/story.html?id=b8a2e53c-5753-496e-a032-765fef4a0e5d

One of the biggest impediments to moving forward is the continued failure of the federal government to have the RCMP investigated to determine the full extent to which racism against Indigenous people and sexism against women in general hamper their work. Harper’s own discriminatory attitude towards Indigenous peoples is a significant barrier to moving forward. Even the most recent United Nations report from the Rapporteur commented on how poor the relationship is between Canada and Indigenous peoples and has become worse since the last visit to Canada in 2003. The United Nations is not alone in its observation of deteriorating government relations – the Bertelsmann Foundation is the latest to note that Canada’s record on governance has declined under Harper, especially when it comes to Indigenous peoples. The UN further stated that Canada’s negative public comments about Indigenous peoples risks social peace.

http://www.ohchr.org/Documents/Issues/IPeoples/SR/A.HRC.27.52.Add.2-MissionCanada_AUV.pdf

We need a comprehensive emergency plan to prevent any more murdered and missing Indigenous women and girls. Multiple groups need to be brought together including (but not limited to) the RCMP, federal and provincial governments and police forces, Indigenous peoples, and experts to develop a plan of action. This plan should include many of the recommendations already noted in the commissions and enquiries outlined above (and won’t be repeated here). Addressing the chronic underfunding of basic human services like housing, water, food, and education is critical to addressing federally-maintained poverty which puts women and girls (and men) in vulnerable positions.

It is important to ensure that at the same time as the emergency action plan is being carried out, that a proper comprehensive investigation of the RCMP for any role it may have had in physically abusing, confining, raping, sexually assaulting and/or causing Indigenous women or girls to go murdered or missing is critical. This investigation should include an analysis of how many times they failed to file reports, do investigations or follow up as per their standards and procedures. The RCMP and other police forces must be accountable for their actions with a view to ending this crisis. Otherwise, little has changed from the days when the RCMP would drag our children back to residential schools and ignore their complaints of abuse in the schools.

Instead of letting another 10 years go by talking about murdered and missing Indigenous women and girls, Canada needs to take immediate emergency action on this crisis.

 

Instead of Canada spending so much money surveillance of Indigenous advocates who are trying to protect Indigenous families, it could use that money towards adequate housing, shelters and supports for Indigenous women and girls.

 

Instead of spending multi-millions to keep Indigenous peoples in prisons, Canada could use that funding to pay for k-12 and post-secondary education.

Instead of spending millions on litigation to deny treaty rights, land claims and access to natural resources, Canada could spend those funds to support Indigenous peoples access their lands and resources to support self-sufficient Nations.

Instead of trying to assimilate Indians , Canada needs to accept that we are here to stay and work together for our mutual benefit as envisioned by the treaties.

 

Instead of allowing those who view Indigenous women and girls as worthless to dictate their fate, we need to recognize these women and girls are the future of our Nations and protect our life-givers.

 

Harper Solicits Research to Blame First Nations for Murdered, Missing and Traded Indigenous Women

Canada's shameful colonial history as it relates to Indigenous peoples and women specifically is not well known by the public at large. The most horrific of Canada's abuses against Indigenous peoples are not taught in schools. Even public discussion around issues like genocide have been censored by successive federal governments, and most notably by Harper's Conservatives. Recently, the new Canadian Museum for Human Rights refused to use the term "genocide" to describe Canada's laws, policies and actions towards Indigenous peoples which led to millions of deaths. The reason?: because that term was not acceptable to the federal government and the museum is after all, a Crown corporation.

http://indigenousnationhood.blogspot.ca/2013/07/human-rights-museum-or-harper.html

Aside from the fact that this museum will be used as a propaganda tool for Canada vis-à-vis the international community, Harper's Conservatives are also paying for targeted research to back up their propaganda as it relates to murdered, missing and traded Indigenous women. This is not the first time that Harper has paid for counter information and propaganda material as it relates to Indigenous peoples, and it likely won't be the last. However, this instance of soliciting targeted research to help the government blame Indigenous peoples for their own victimization and oppression is particularly reprehensible given the massive loss of life involved over time.

http://indigenousnationhood.blogspot.ca/2011/06/secret-agent-harper-conservative-spy.html

The issue of murdered and missing Indigenous women was made very public by the Native Women's Association of Canada (NWAC) several years ago through their dedicated research, community engagement and advocacy efforts. Even the United Nations took notice and starting commenting on Canada's obligation to address this serious issue. Yet, in typical Harper-Conservative style, once the issue became a hot topic in the media, they cut critical funding to NWAC's Sisters in Spirit program which was the heart of their research and advocacy into murdered and missing Indigenous women.

http://indigenousnationhood.blogspot.ca/2010/11/neanderthal-politics-shame-on.html

To further complicate the matter, any attempts for a national inquiry into the issue has been thwarted by the federal government, despite support for such an inquiry by the provinces and territories. One need only look at the fiasco of the Pickton Inquiry in British Columbia to understand how little governments in Canada value the lives of Indigenous women, their families and communities. The inquiry was headed by Wally Oppal, the same man who previously denied the claims of Indigenous women who were forcibly sterilized against their knowledge and consent. The inquiry seemed more interested in insulating the RCMP from investigation and prosecution than it was about hearing the stories of Indigenous women.

http://rabble.ca/blogs/bloggers/pamela-palmater/2011/10/murdered-missing-and-still-excluded-indigenous-women-fight-eq

Now, the Canadian public has to deal with a new chapter to this story - the sale of Indigenous women into the sex trades. The CBC recently reported that current research shows that Indigenous women, girls and babies in Canada were taken onto US ships to be sold into the sex trade. While this is not new information for Indigenous peoples, it is something that Canada has refused to recognize in the past. The research also shows that Indigenous women are brought onto these boats never to be seen from again.

http://www.cbc.ca/news/canada/thunder-bay/story/2013/08/21/tby-first-nations-women-human-trafficking-ships-united-states.html

The issue of murdered and missing Indigenous women has now expanded to murdered, missing and traded women. One might have expected a reaction from both the Canadian government and the Assembly of First Nations (AFN). Yet, the day after the story hit the news, the AFN was tweeting about local competitions and the federal government was essentially silent. I say essentially, because while all of this was taking place, the federal government put together a Request for Proposals on MERX (#275751) to solicit research to blame the families and communities of Indigenous women for being sold into the sex trade.

https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=1&PORTAL=MERX&State=7&id=275751&src=osr&FED_ONLY=0&ACTION=&rowcount=&lastpage=&MoreResults=&PUBSORT=2&CLOSESORT=0&IS_SME=Y&hcode=%2f6A6jdkNJoHoufgILSp4Xg%3d%3d

Instead of making a call for true academic research into the actual causes and conditions around Indigenous women, girls and babies being sold into the sex trade, the federal government solicited research to prove:

(1) the involvement of family members in their victimization;

(2) the level to which domestic violence is linked to the sale of Indigenous women into the sex trade; and

(3) even where they are investigating gang involvement, it is within the context of family involvement of the trade of Indigenous women.

The parameters of the research excludes looking into federal and/or provincial laws and policies towards Indigenous peoples; funding mechanisms which prejudice them and maintain them in the very poverty the research identifies; and negative societal attitudes formed due to government positions vis-à-vis Indigenous women like:

- rapes and abuse in residential schools;
- forced sterilizations;
- the theft of thousands of Indigenous children into foster care;
- the over-representation of Indigenous women in jails;
- and the many generations of Indigenous women losing their Indian status and membership and being kicked off reserves by federal law.

The research also leaves out a critical aspect of this research which is federal and provincial enforcement laws, policies and actions or lack thereof in regards to the reports of murdered, missing and traded Indigenous women, girls and babies. The epic failure of police to follow up on reports and do proper investigations related to these issues have led some experts to conclude that this could have prevented and addressed murdered, missing and traded Indigenous women. Of even greater concern are the allegations that have surfaced in the media in relation to RCMP members sexually assaulting Indigenous women and girls.

http://www.cbc.ca/news/canada/british-columbia/story/2013/02/12/bc-human-rights-watch-abuse-report.html

This MERX Request for Proposals is offensive and should be retracted and re-issued in a more academically-sound manner which looks to get at the full truth, versus a federally-approved pre-determined outcome.

It's time Canada opened up the books, and shed light on the real atrocities in this country so that we can all move forward and address them.

Bill S-2 - Family Homes on Reserve and Matrimonial Rights or Interests Act

Harper's Conservatives have given the signal that they may, once again, refocus their legislative eye on Bill S-2 Family Homes on Reserve and Matrimonial Interests or Rights Act (otherwise known as the MRP bill). To this end, the parties have been preparing to study the bill and hear from witnesses on possible amendments.

 Most of Canada's legislative initiatives go largely unexplained to grassroots Indigenous peoples - community members and leaders alike. This Harper government, in particular, has done everything it can to mislead, misinform, distract, confuse and outright lie to First Nations about its intentions with regards to the Indian Act. More so, they have done very little to explain the implications of bills to those who will be impacted - First Nations community members.

 Most will recall Prime Minister Harper's infamous words at the so-called Crown-First Nation Gathering this past January: "To be sure, our Government has no grand scheme to unilaterally repeal or to unilaterally amend the Indian Act."

 Yet, here is the extensive list of government bills currently before Parliament which will unilaterally repeal or fundamentally alter the Indian Act in significant ways:

          Bill C-428 Indian Act Amendment and Replacement Act

          Bill C-27 First Nations Financial Transparency Act

          Bill S-2 Family Homes on Reserve & Matrimonial Interests or Rights Act

          Bill S-6  First Nations Elections Act

          Bill S-8  Safe Drinking Water for First Nations Act
 
          Bill S-207  An Act to Amend the Interpretation Act
 

This does not include any of the omnibus or other bills which impact First Nations. There are two others bills expected to be introduced in the New Year as well:

           First Nation Property Ownership Act

          First Nation Education Act

It would be almost impossible for First Nation community members to know what these bills are really about simply by reading the titles of the bills. The Conservative Party is very good at using titles for their bills which betray what the bill actually does. Bill S-2 is a prime example of a bill that is being promoted as one which will protect Indigenous women from domestic violence and “give” them equal rights upon marriage or relationship breakdown. This bill does neither of those things.

 
It would make this blog far too long to review all of the sections, but communities should be aware of several problematic areas. The Preamble (which is just an introduction and does not contain any law) does give an important indication of the two theoretical underpinnings of the bill:
 
(1)   The bill has an individual-rights/interest focus versus an Indigenous communal, holistic approach;

The bill focuses on the best interests of the individual child as opposed to the collective, inter-connected interests of the entire family (including the child), extended family, community and Nation. It is this very approach that led to residential schools, 60’s scoop and the current over-representation of our Indigenous children in the care of child welfare.

(2)   The bill views First Nations peoples as “cultures” versus to governments with their own jurisdictions or Nations with their own sovereignty.

 The bill focuses everyone’s attention on the particular culture of the First Nation – which is to be “considered” by a judge in a marital dispute over property. However, there is no deference for First Nation legal or governance jurisdiction over property disputes over their own territories. This is very similar language to Supreme Court of Canada cases which have essentially frozen Aboriginal rights in “pre-contact” times and only protect those rights which the court considers “integral” enough. In this case, non-Indigenous people will be judge and jury over what our culture is, which parts of it are important, and whether it is relevant to property issues on reserve.

 The general focus of the bill is to enact provincial-like rules with regard to the divison of marital property on reserve after the break-up of a marriage or common-law relationship. This essentially means that each spouse is entitled to half - the house, land, etc. However, these provincial-like rules are not optional - they are mandatory. While the act considers them to be interim rules, the fact is no funds have been allotted for governance, law-making or enforcement and thus for many First Nations, they will remain permament.

The bill also contains the following provisions:

 

-          They apply to all First Nations until they enact laws pursuant to the bill;

-          Non-Indians will be able to gain rights (exclusive occupation, life interest, etc) to the home and contiguous land on reserve;

-          A judge can make a ruling that violence has occurred and bar that person from the house, without the alleged offender being charged or convicted;

-          First Nations are not entitled to notice for emergency protection orders which give possession to a house and land to non-Indians;

-          Certificates of Possession can be forcibly transferred from one First Nation spouse to another; and

-          A person who is not member/Indian, can apply to have order enforced as though he/she was member/Indian.

Without getting into too much technicality, this bill either conflicts with or violates various Canadian laws:

 

(1)   Bill S-2 conflicts with the Indian Act – The Indian Act reserves land for the exclusive use and benefit of Indians and make it an offense for non-Indians to trespass on reserve, yet Bill S-2 creates new rights for non-Indians on reserve;

(2)   Bill S-2 is outside is outside Canada’s legislative authority in section 91(24) of the Constitution Act, 1867 – This is because Canada is purporting to legislate with regard to the property and civil rights non-Indians which is the exclusive jurisdiction of the provinces. Thus, provincial legislation will also be required to make the bill effective.

(3)   Bill S-2 violates section 35 treaty rights in the Constitution Act, 1982 – This is because many reserves were set up via treaties, which are now protected in section 35. These treaties are for the benefit of Indians – not non-Indians.

(4)   Bill S-2 violates section 35 Aboriginal rights in the Constitution Act, 1982 – This is because the inherent right of First Nations to be self-governing over their own peoples and lands is recognized by Canada as protected in section 35. Yet with this bill, Canada purports to control internal matters even more than they do now.

 

(5)   Bill S-2 represents a breach of Canada’s honour, its fiduciary obligations and its legal duty to consult and accommodate. Bill S-2 was drafted without First Nation input, there were no legal consultations, and the bill will result in more federal control, not less.

(6)   Bill S-2 violates many articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – including:

 

Art.3 - the right to be self-determining;

Art. 4 – the right to be self-governing over our own internal affairs;

Art. 19 – the right of free, informed and prior consent before ANY legislative measures that affects us; and

Art. 37 – the right to recognition and enforcement of our treaties.

Some of the other key concerns that have been raised by witnesses who have testified previously include the lack of access to justice as all remedies must be access through courts, no funding is provided for accessing legal services, and many communities don’t have local access to courts. The issue of housing on marital breakdown is further complicated by Canada’s refusal to address the housing crisis or provide adequate funding for shelters.

 

There are many other issues not outlined here in order to keep this blog simple. However, I will be publishing a more detailed analysis of both direct and indirect impacts of this bill.

 My recommendations (in part):

 (1) The Status of Women committee who will be studying the bill should reject the bill in its entirety. The entire bill conflicts with both Indigenous laws and Canadian law and cannot be saved.

 (2) Canada should respect its own policy position that First Nations have a right to be self-governing which is constitutionally protected within section 35. This would correspond with the right to be self-determining as per Article 3 of UNDRIP.

Murdered, Missing, and Still Excluded: Indigenous Women Fight for Equality

If there is one thing that the Pickton Inquiry has proven to Canadians is that gender discrimination against Indigenous women is not only a present-day phenomenon, but that it is systemic at all levels of government. The unique problem for Indigenous women is that the gender discrimination they face when dealing with one group, like the police, is multiplied many times over top of the gender discrimination they face in all other aspects of their lives. These Indigenous women who were murdered at the hands of Robert Pikcton or who remain missing have never truly been treated as human beings worthy of care and protection.

In many Indigenous Nations, their concept of citizenship or belonging was a relational concept that provided both rights and responsibilities on the parts of individuals and Nations. So, an Indigenous Nation required the recognition, loyalty and contributions of their people, and the people required the recognition, protection and contributions of their Nation. For many, there was no such thing as a person who was dispensable.

We also know that in many Indigenous Nations, women were not only considered "equal" as human beings, but many societies were matriarchal. In some Nations, it was a council of women who decided who would be the next leader and that same council could remove a poor leader. For others, while the men may have tracked down and killed a moose for the community, it was the women who had to dress it and drag it back. There is not a single Indigenous Nation that I have ever studied where their women were not valued as life-givers and care-takers of their Nations.

This is a far cry from the European laws, rules, policies and values imposed on our Indigenous Nations. I wish I could say that colonization was a thing of the past, an issue for which we should all just "get over". Sadly, the reality is that Canada is still in the colonizing business - trying to assimilate Indians once and for all and our women have always been the primary targets. Today, our women face gender discrimination on all fronts, from all levels of government and society, and many have paid the ultimate price for being an Indigenous woman - they have lost their lives.

When the colonial governments in Canada realized Indians were not dying off fast enough, they enacted provisions in the Indian Act to assimilate them faster. The first people to be tossed out were Indigenous women and their children. Jeanette Corbiere-Lavell (now President of the Native Women's Association of Canada) took Canada to court to challenge this blatant discrimination, but our Supreme Court of Canada said there was never any intention that the equality provision in the Bill of Rights would effect legislation.

Sandra Lovelace (now a Senator) was then forced to take Canada to the United Nation Human Rights forum to protect her equality rights and Canada was found in violation of international laws by preventing her from enjoying her culture with her community. Canada was supposed to get rid of ALL gender inequality in the Indian Act - but Bill C-31 not only did not remedy all gender inequality, but created new forms for Indigenous women and their children to suffer.

Sharon McIvor then took the lead and sued Canada for continued gender discrimination in the Indian Act and won. However, Canada's response was to amend the Indian Act in such a limited way that more people will be excluded than included. Moreover, Bill C-3 did not fully remedy gender inequality and once again created new forms of discrimination only applicable to Indigenous women. Adding insult to injury, the preferential treatment of non-Indian women remains in the Indian Act today.

But this is not the only issue faced by Indigenous women. The proposed Bill S-2 (previously Bill S-4, Bill C-47 and Bill C-8) is supposed to provide equitable divisions of matrimonial assets upon divorce for Indians living on reserve. It is touted by the Conservatives as legislation that will also protect Indigenous women from violence. However, this Bill not only does NOT address violence against Indigenous women, but creates once again, an illusion of justice in that any rights must be accessed through Canadian courts and expensive lawyers - assuming any courts and lawyers are available in many remote communities.

Bill S-2 also creates NEW rights for non-Indians to have life interests in reserve lands. Given the high rates of out-marriage in many communities, this could mean whole scale occupation of reserve lands by non-Indians. That is in addition to all the homes already occupied by non-Indian women who got to keep their privileged Indian status because Canada thought it would be too unfair to take it away from them once they had it. That kind of injustice is only suitable for Indigenous women.

So, Indigenous women continue to fight for equality, which has turned into a fight for their identities, their right to be part of their communities and now their very lives. The fact that hundreds of Indigenous women could go missing for so long, over so many years, without anyone in power batting an eye, is a testament to the less than human status assigned to Indigenous women. The police, Crown lawyers, and federal and provincial politicians have created this situation. The least they can do is allow Indigenous women to finally exercise their voice in a safe forum with the same protection afforded to police - lawyers paid for by the Crown. As it stands now, any Indigenous woman who testifies must face a firing squad of no less than 13 lawyers who will interrogate these women at length.

Just like all the "non-status", "non-band member" and "off-reserve" Indian women who have been excluded at every turn, we now have a new negative descriptor - murdered or missing Indigenous women. Our women can be murdered or go missing in frighteningly high numbers without society caring enough to even wonder why. How much more inequality must Indigenous women endure before society at large will stand up and say enough?

British Columbia needs to step up, stand up and give these women the same chance afforded the already too powerful police force. Anything less is a complete sham.

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