Inquiry into Missing and Murdered Aboriginal Women

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Turtle Island Native Network
http://www.turtleisland.org

December 13, 2011 - Canada is about to receive another human rights black eye on the world stage. Hot on the heels of a Conservative whitewashed parliamentary report( viewtopic.php?p=14340#p14340 )
the United Nations main authority on women's human rights is going to launch an inquiry into Canada's missing and murdered Aboriginal women.

The murders and disappearances of hundreds of Aboriginal women and girls, will be the subject of an inquiry by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW).

The Committee is composed of 23 independent human rights experts from around the world.

What has prompted the decision to hold an inquiry? In January and in September of this year, faced with "the continuing failures of Canadian governments to take effective action in connection with the murders and disappearances", the Canadian Feminist Alliance for International Action (FAFIA) and the Native Women's Association of Canada (NWAC), requested the Committee launch an inquiry.

"FAFIA and NWAC requested this Inquiry because violence against Aboriginal women and girls is a national tragedy that demands immediate and concerted action," said NWAC president Jeannette Corbiere Lavell. "Aboriginal women in Canada experience rates of violence 3.5 times higher than non-Aboriginal women, and young Aboriginal women are five times more likely to die of violence. NWAC has documented the disappearances and murders of over 600 Aboriginal women and girls in Canada over about twenty years, and we believe that there may be many more. The response of law enforcement and other government officials has been slow, often dismissive of reports made by family members of missing women, uncoordinated and generally inadequate."

Sharon McIvor of FAFIA explained: "These murders and disappearances have their roots in systemic discrimination and in the denial of basic economic and social rights. . .We believe that the CEDAW Committee can play a vital role not only in securing justice for the women and girls who have died or disappeared, but also in preventing future violations, by identifying the action that Canadian governments must take to address the root causes. Canada has not lived up to its obligations under international human rights law to prevent, investigate and remedy violence against Aboriginal women and girls."
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BACKGROUND

Ottawa, ON (December 13, 2011)

UN Will Conduct Inquiry into Missing and Murdered Aboriginal Women in Canada

(Ottawa) The United Nations Committee on the Elimination of Discrimination against Women has decided to conduct an inquiry into the murders and disappearances of Aboriginal women and girls across Canada. The Committee, composed of 23 independent experts from around the world, is the UN’s main authority on women’s human rights.

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The Committee’s decision was announced today by Jeannette Corbiere Lavell, President of the Native Women’s Association of Canada (NWAC), and Sharon McIvor of the Canadian Feminist Alliance for International Action (FAFIA).

The inquiry procedure is used to investigate what the Committee believes to be very serious violations of the Convention on the Elimination of All Forms of Discrimination against Women. In January and in September 2011, faced with the continuing failures of Canadian governments to take effective action in connection with the murders and disappearances, FAFIA and NWAC requested the Committee to launch an inquiry. Canada has signed on to the treaty, known as the Optional Protocol to the Convention, which authorizes the Committee to investigate allegations of “grave or systematic” violations of the Convention by means of an inquiry. Now that the Committee has formally initiated the inquiry, Canada will be expected to cooperate with the Committee’s investigation.

“FAFIA and NWAC requested this Inquiry because violence against Aboriginal women and girls is a national tragedy that demands immediate and concerted action,” said Jeannette Corbiere Lavell. “Aboriginal women in Canada experience rates of violence 3.5 times higher than non-Aboriginal women, and young Aboriginal women are five times more likely to die of violence. NWAC has documented the disappearances and murders of over 600 Aboriginal women and girls in Canada over about twenty years, and we believe that there may be many more. The response of law enforcement and other government officials has been slow, often dismissive of reports made by family members of missing women, uncoordinated and generally inadequate.”

“These murders and disappearances have their roots in systemic discrimination and in the denial of basic economic and social rights” said Sharon McIvor of FAFIA. “We believe that the CEDAW Committee can play a vital role not only in securing justice for the women and girls who have died or disappeared, but also in preventing future violations, by identifying the action that Canadian governments must take to address the root causes. Canada has not lived up to its obligations under international human rights law to prevent, investigate and remedy violence against Aboriginal women and girls.”

“The Committee carried out an inquiry into similar violations in Mexico five years ago and we expect the process will follow the same lines here in Canada,” said McIvor. “Mexico invited the Committee’s representatives to make an on-site visit and during the visit the representatives interviewed victim’s families, government officials at all levels, and NGOs. The Committee’s report on the inquiry spelled out the steps that Mexico should take regarding the individual cases and the systemic discrimination underlying the violations. Mexican women’s groups say that the Committee’s intervention helped to spur Government action and we hope to see the same result here in Canada, said McIvor.” Download PDF press release.

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Backgrounder – Inquiry under Article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women

o The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) came into force 3 September 1981

o Canada ratified CEDAW on 10 December, 1981

o The United Nations Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women came into force on 22 December 2000

o Canada ratified the Optional Protocol to CEDAW on 18 Oct 2002

o The Optional Protocol to CEDAW authorizes the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) to 1) receive and adjudicate complaints from individuals who allege that their rights have been violated by a State that is a party to the treaty, and 2) initiate an inquiry when it receives “reliable information indicating grave or systematic violations.”

o Canada’s compliance with the Convention is reviewed about once every five years by the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee). Canada submits a report. Non-governmental organizations (NGOs) also submit reports.

o The Canadian Feminist Alliance for International Action (FAFIA), in its submission to the CEDAW Committee at the time of the review of Canada’s 6th and 7th reports in November 2008, drew attention to missing and murdered Aboriginal women in Canada.

o The CEDAW Committee, after reviewing Canada’s compliance with its obligations under the Convention on the Elimination of All Forms of Discrimination against Women in 2008, in its Concluding Observations, stated:
31. …the Committee…remains concerned that hundreds of cases involving Aboriginal women who have gone missing or been murdered in the past two decades have neither been fully investigated nor attracted priority attention, with the perpetrators remaining unpunished.

32. The Committee urges the State party to examine the reasons for the
failure to investigate the cases of missing or murdered Aboriginal women
and to take the necessary steps to remedy the deficiencies in the system.
The Committee calls upon the State party to urgently carry out thorough
investigations of the cases of Aboriginal women who have gone missing
or been murdered in recent decades. It also urges the State party to carry
out an analysis of those cases in order to determine whether there is a
racialized pattern to the disappearances and take measures to address the
problem if that is the case.1

o Canada was asked to report back on its actions on the recommendation contained in paragraph 32 in one year, and it did so in February 2010. FAFIA and the Native
Women’s Association of Canada provided follow-up reports indicating that Canada had taken no adequate action.2

o On 25 August 2010, after considering the follow-up report from Canada, the CEDAW
Committee wrote to Canada to state that “The Committee considers that its
recommendation (regarding missing and murdered Aboriginal women and girls) has not been implemented and it requests the Canadian authorities to urgently provide further information on measures undertaken to address such concerns ….” Canada supplied further information to the Committee on 8 December 2010, but was asked additional questions.

o In January 2011, FAFIA made a formal request to the CEDAW Committee to initiate an Inquiry under Article 8 of the Optional Protocol to the Convention.

o In September 2011, FAFIA and NWAC submitted additional information to the
Committee and requested that an Inquiry under Article 8 of the Optional Protocol be
initiated because of Canada’s failure to act promptly and effectively to address the
violations of the human rights of Aboriginal women and girls.

o The CEDAW Committee decided to conduct an Inquiry into missing and murdered Aboriginal women and girls in Canada in the fall of 2011.

o The 2005 report of the CEDAW Committee on its Inquiry into missing and murdered women in Ciudad Juarez in Mexico. The 2005 report from this Inquiry can be found here: http://www.un.org/womenwatch/daw/cedaw/ ... XICO-E.pdf.

(Footnotes)
1 UN Committee on the Elimination of Discrimination against Women, CEDAW/C/CAN/CO/7, 7 November 2008, online at:
http://daccess-dds-ny.un.org/doc/UNDOC/ ... penElement

2 Canadian Feminist Alliance for International Action, No Action, No Progress: FAFIA's Report on Canada's Progress in Implementing Priority Recommendations made by the CEDAW Committee in 2008, February 2010, online at:
http://www.fafia-fai.org/files/Report.% ... 2010_2.pdf
see also B.C. CEDAW Group, Nothing to Report, A Report on Progress in Implementing Priority Recommendations made by the CEDAW Committee in its 2008 Concluding Observations on Canada, January 2010, online at:
http://povertyandhumanrights.org/wp-con ... eport.pdf;
Amnesty International, Canada: Follow Up To Concluding Observations of the United Nations Committee on the Elimination of Discrimination against Women, online at:
http://www2.ohchr.org/english/bodies/ce ... nadaFU.pdf

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Backgrounder
Jeannette Corbiere Lavell
Ms. Corbiere Lavell is an Anishnabe woman and a member of the Wikwemikong Unceded Indian Reserve on Manitoulin Island in Ontario. She was elected President of the Native Women’s Association of Canada in 2009.

In the 1970s, Ms. Lavell made an indelible mark on Canadian history when she challenged the sex discrimination in the status registration provisions of the Indian Act. At that time, the Act revoked the Indian status of Indian women who married out, but permitted male Indians who married out to retain their status and pass it on to their non-Aboriginal wives and to their children. The Supreme Court of Canada ruled in 1973 in Ms. Lavell’s case that these provisions of the Indian Act did not violate the guarantee of “equal protection of the law” in the Canadian Bill of Rights. This ruling became infamous in Canadian law because it was overtly discriminatory. Because of it, the drafters of the equality guarantee in Canada’s 1982 Charter of Rights and Freedoms made that guarantee stronger.

Ms. Lavell is a founding member of several Aboriginal women’s organizations, including the Ontario Native Women’s Association of Canada, and the Indigenous Women of the Americas. She has been a teacher, a school principal, an education and employment counselor, and a consultant on matters related to justice and Indian status. She has served on many boards of directors and has worked to advance issues of concern for Aboriginal women in Canada and internationally. She is the co-editor of a book, Until Our Hearts Are On The Ground: Aboriginal Mothering, Oppression, Resistance and Rebirth.

In October 2009, she received the Governor General’s Award in Commemoration of the Persons Case, which honours individuals who have made outstanding contributions to the advancement of women’s equality. She is a proud mother of three and a grandmother of six.

Sharon Donna McIvor
Sharon McIvor is a Thompson Indian from Merritt, British Columbia, and a member of the Lower Nicola Band. Ms. McIvor is a member of the Human Rights Committee of the Canadian Feminist Alliance for International Action (FAFIA), and the former Co-Chair of its Steering Committee.

Ms. McIvor is a lawyer, and an active litigator. She also teaches Aboriginal Law at Nicola Valley Institute of Technology. She has made many contributions to improving conditions and opportunities for Aboriginal women – contributions to prison reform; to reform in the legal profession; to improving access to justice; and to Canadian jurisprudence on equality for Aboriginal women. She has been a strong leader in non-governmental organizations, including the Native Women’s Association of Canada (NWAC), the B.C. Native Women’s Association, and FAFIA.

Ms. McIvor has been counsel for Aboriginal women and women’s coalitions in key constitutional cases. She was also the plaintiff in McIvor v. Canada, a constitutional challenge to the sex discrimination that has persisted in the status registration provisions of the Indian Act. Although some of the discrimination was corrected in 1985, even post-Charter, Aboriginal women were still not treated as equal to their male counterparts with respect to their right to transmit status to their children and grandchildren. As a result of the decision in Ms. McIvor’s case, the Government of Canada amended the Indian Act once more in January 2011 to recognize the Indian status of 20,000-40,000 Aboriginal women and their descendants who had previously been excluded. This amendment is known as “the McIvor amendment.”

Sharon McIvor received the Governor General’s Award in Commemoration of the Person’s Case in 2011. Sharon is a mother of four, and a grandmother of ten.

For further information, please contact:

Jeannette Corbiere Lavell, President, Native Women’s Association of Canada, Tel.: 613-899-2343

Sharon McIvor, Canadian Feminist Alliance for International Action, Tel.: 250-378-7479

For assistance, please contact:

Claudette Dumont-Smith, Executive Director, Native Women’s Association of Canada, Tel.: 613-656-3004

Shelagh Day, Chair, Human Rights Committee, Canadian Feminist Alliance for International Action, Tel.: 604-872-0750

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"This government must conduct a serious investigation into crimes against Aboriginal women. It must also put in place a clear strategy to address and eliminate violence against women in this community." NDP

Conservative inaction on missing aboriginal women shameful: Turmel

Conservatives abdicate responsibility and embarrass Canada again internationally

December 13, 2011

OTTAWA – The inaction of the Conservative government on missing and murdered Aboriginal women and girls in this country is shameful, said Official Opposition Leader, Nycole Turmel.

The UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) will conduct an investigation into the 600 documented murdered and missing Aboriginal women in Canada in the last 20 years.

“We welcome the UN investigation and are anxious to find out the results, but once again, the inaction of the Conservatives is a source of embarrassment for Canada internationally,” said Turmel.

“The UN sounded the alarm three years ago and called for action on the part of the government, but nothing was done. We simply can’t rely on this government to seriously address the crisis these Aboriginal women are facing,” said Turmel.

It’s only the second time the CEDAW Committee has launched this type of investigation, the first was in Mexico. These investigations are only used as a last resort, when the government has failed to resolve the situation.

“These murders and disappearances are a real tragedy. These women have waited far too long to get real action from their government. This government doesn’t do anything for Aboriginals and, once again, they have to rely on the international community to get help,” said the NDP Leader.

“This government must conduct a serious investigation into crimes against Aboriginal women. It must also put in place a clear strategy to address and eliminate violence against women in this community,” concluded Turmel.

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Union of BC Indian Chiefs Applauds UN Inquiry into Missing and Murdered
Aboriginal Women

(Coast Salish Territory/Vancouver BC, December 14, 2011) An inquiry into the missing and murdered Indigenous women in Canada is being launched by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW).

“The Union of BC Indian Chiefs welcomes the inquiry undertaken by the CEDAW into the murders and disappearances of Indigenous women and girls and believes it will finally hold the Canadian government to account on the international stage,” said Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs. “To truly address and eliminate the tragic and devastating issues of violence against Indigenous women and girls, the Harper Government must be compelled and forced to examine the intersecting and deeply-rooted factors of poverty, colonialism, and systemic racism. We hope that the Harper Government will not try to block the inquiry as we believe an open and inclusive inquiry can be helpful in addressing this national tragedy.”

“The Union of BC Indian Chiefs supports the efforts of Native Women’s Association of Canada, the Canadian Feminist Alliance for International Action, Downtown Eastside Women’s Centre and February 14th Women’s Memorial March Committee and we will fully cooperate with the CEDAW inquiry,” said Grand Chief Phillip. “This is not only a ‘women’s issue’, this is a fundamental and universal human rights issue.”

In conclusion, Grand Chief Phillip stated “Our hearts and prayers forever go out to the families who lost their loved ones and to their many friends who continue their commitment to ensure justice will be served. The UBCIC joins them and will never abandon the families who have lost a daughter, a sister, a mother, an aunt and a grandmother.”

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UOI OFFICES (Nipissing First Nation), Dec. 15, 2011

Anishinabek Nation Grand Council Chief Patrick Madahbee says that he applauds the United Nations attention on murdered and missing aboriginal women in Canada, but adds that it's a shame that we needed to bring in the UN to draw attention to the problem.

"It's shameful that we need an external agency to get the Canadian government's attention," says Grand Council Chief. "Our own citizens have been asking for months now. We needed action a long time ago."

The United Nations committee on the Elimination of Discrimination against Women, composed of 23 independent experts from around the world, is the UN's main authority on women's human rights. Status of Women Minister Rona Ambrose said that Canada will be responding to a letter they received from the United Nations committee earlier this week.

Madahbee says that all along the response from law enforcement has been slow. "The families of these victims are being victimized themselves by dismissive law enforcement and by government officials who just don't seem to care about this epidemic," says the Grand Council Chief.

"And it's not just women's human rights we're talking about here - it's the rights of all Indigenous Peoples," says Madahbee.

Article 22 in the UN Declaration on the Rights of Indigenous Peoples states that it is Canada's responsibility to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

The United Nations can open an investigation when it believes there have been "grave or systematic" violations of its conventions and the government involved is not seen to be actively resolving the issue.

The Anishinabek Nation established the Union of Ontario Indians as its secretariat in 1949. The UOI is a political advocate for 39 member communities across Ontario, representing approximately 55,000 people. The Union of Ontario Indians is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

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CLC supports UN inquiry into cases of murdered and missing Aboriginal women
15 December 2011

The Canadian Labour Congress supports a decision by the United Nations Committee on the Elimination of Discrimination Against Women to conduct an inquiry into murders and disappearances of Aboriginal women and girls across Canada.

“We urge the Canadian government to cooperate fully,” says CLC President Ken Georgetti. “It is unfortunate that it has come to this. The government’s failure to take effective action to address this national tragedy is of great concern to us.”

Statistics show consistently that Aboriginal women face much higher levels of violence than all other women in Canada.Since 2005 the Native Women's Association of Canada has documented more than 600 cases of Aboriginal women and girls who have been murdered or who remain missing.

On December 12, the House of Commons Standing Committee on the Status of Women issued a report called Ending Violence against Aboriginal Women and Girls. The committee undertook an extensive study, which included testimony from Aboriginal women’s organizations. Members of the committee visited First Nations, Metis and Inuit communities to hear women’s experiences first-hand. The report does not appear to reflect the scope of evidence that the committee heard, but rather it focuses on current government measures. In that way, it effectively silences the voices of women who in the hearings called for concrete and sustained action.

The report, for example, fails to make any concrete recommendations to address the need for safe housing, stable funding for programs and services, and effective and unbiased policing. The report does call for culturally-specific training for law enforcement [officers], but does not recommend any accountability measures for how police handle cases. Nor does it require the police to consistently record and report whether victims of violent crime or missing persons are Aboriginal.

“Aboriginal women have led the struggle to bring national attention to this question,” says Georgetti. “We hope that the United Nations inquiry will result in more meaningful government action”.

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CUPE supports UN Inquiry
into missing and murdered Aboriginal women

Dec 16, 2011

The Native Women’s Association of Canada (NWAC) and the Canadian Feminist Alliance for International Action (FAFIA) have announced that the United Nations will conduct an inquiry into the murders and disappearances of Aboriginal women and girls in Canada. NWAC and FAFIA asked the UN to investigate Canadian violations of the Convention for the Elimination of Discrimination against Women (CEDAW) on the issue of violence against Aboriginal women on several occasions.

Canada is a signatory to the CEDAW and also to the Optional Protocol, which outlines a process for initiating an inquiry when the CEDAW Committee receives “reliable information indicating grave or systemic violations.”

In 2008 the CEDAW Committee noted that the Canadian government had failed to live up to its obligations, and reasserted this position again in 2010, stating, “The Committee considers that its recommendation (regarding missing and murdered Aboriginal women and girls) has not been implemented and it requests the Canadian authorities to urgently provide further information on measures undertaken to address such concerns.”

CUPE supports an inquiry into this matter, and calls on the Harper government to cooperate with the United Nations CEDAW Committee so that the appalling situation will be brought to light and actions will be taken to end it.

The Canadian government has ignored its commitment to the basic human rights of Aboriginal women. Recently the House of Commons Committee on the Status of Women released its final report on violence against Aboriginal women, which completely ignored the input of the Aboriginal women who appeared before them. It did not address in any meaningful way proposals to deal with the systemic issues affecting Aboriginal women in terms of poverty, lack of access to education, health care, housing and adequate resources to deal with violence. The NDP issued a dissenting report which calls for a coordinated approach between government and Aboriginal people to address all these factors.

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MISSING WOMEN COMMISSION OF INQUIRY TO HEAR FROM PANELS OF WITNESSES

(Information attributable to Mr. Art Vertlieb, Q.C., Commission Counsel)

February 21, 2012

The Missing Women Commission of Inquiry is and always has been about saving lives. It is a unique opportunity to change the way we police our streets and investigate violent crimes against vulnerable and marginalized women currently at risk in Vancouver’s Downtown Eastside and across British Columbia.

Our mandate is to inquire into the conduct of police investigations of women reported missing from the Downtown Eastside between January 23, 1997 and February 5, 2002, and to review the decision by the B.C. Criminal Justice Branch on January 27, 1998 to stop legal proceedings against Robert William Pickton on charges of attempted murder, assault with a weapon, forcible confinement and aggravated assault.



The work we have done over the past few months to meet our mandate has helped us understand what went wrong and why. This process will continue as we hear from more witnesses in the weeks ahead.



The inquiry’s 52 days of hearings so far have produced valuable information. Having lawyers for the participants cross examine witnesses in an adversarial process has been a necessary and important component and has already answered many of the questions we had about how the police investigation was conducted.



We have heard from family members and community leaders, from expert witnesses who provided context, from RCMP and VPD officers who conducted their own internal investigations, from Deputy Chief Jennifer Evans, who reviewed the case files and interviewed investigating officers, and from some of the lead investigators themselves. In addition, Commission staff has reviewed more than 150,000 pages of documentation related to the investigation.



The Commissioner now has a clear picture of the chronology of events and has heard evidence of the systemic shortcomings that contributed to the failure of the police investigation.



Today, the Commissioner announced that starting next week, the Missing Women Commission of Inquiry will begin hearing from some of the remaining witnesses in panel form. Hearing from witnesses in panels is a common and beneficial process for public inquiries.



Under this format, the Commissioner will invite input from panels of witnesses representing different interest groups, including the families, the Downtown Eastside Community, Aboriginal women, civic interests and police forces. Today, he asked Aboriginal leaders and other community leaders to help him develop this panel process.



We will still be calling individual witnesses where issues of the credibility of their evidence may be in question, and counsel for participants will be able to cross examine them as has been happening up to now.



The panels on the other hand, will be a dialogue among participants who will be encouraged to share their experiences and insights. The panels will be a forum for generating ideas on how to protect vulnerable women and save lives.



We believe this approach will provide witnesses with another opportunity to contribute constructively and positively to our work by telling their stories and making suggestions that will help the Commissioner develop practical and effective recommendations for change.



The hearings will continue to be open to the media and the public and we encourage individuals who have important information to contribute to come forward and participate.



In addition to this new format, the Commissioner will initiate and facilitate a dialogue forum of representatives of the police, the families, civic officials and the community to work with him and the Commission staff to develop process recommendations for implementing his report and working together in the future.



I want to stress that the Commissioner’s objective is to make recommendations necessary to help save the lives of marginalized women at risk right now in the Downtown Eastside and in communities throughout British Columbia where women continue to go missing and where unresolved homicides may be the work of a serial killer.



At the end of the day, this Commission cannot eradicate serial killers from our society, but it can and will help ensure that serial killers are identified and stopped far sooner than appears to have happened in the Pickton case. It will help save lives.



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[admin]

February 21, 2012

The Missing Women Commission of Inquiry has released four reports
that form part of the study commission aspect of its mandate.

The reports, which are available on the Commission’s website at www.missingwomeninquiry.ca/reports-and-publications/ are:

· Standing Together and Moving Forward: Report on the Pre-Hearing Conference in Prince George and the Northern Community Forums, which consolidates what the Commission heard at these events, identifies seven issues and themes addressed in the presentations and consolidates the recommendations for action made by the presenters.

· Downtown Eastside Consultation Program Report provides an overview of the Commission’s Downtown Eastside consultation program from October to December 2011, and summarizes the issues identified by presenters and their recommendations for change.

· Policy Discussion Report: Police Protection of Vulnerable and Marginalized Women examines what steps can be taken to enable police to protect women more effectively and to prevent these crimes from occurring based on a review of Canadian and international reports on missing and murdered women and the prevention of violence against women, and on reviews of systemic misconduct and discrimination within police forces.

· Municipal Policing in the Lower Mainland District of British Columbia provides factual information on municipal policing in British Columbia by independent municipal police departments and contract RCMP detachments within Metro Vancouver.

The Commission invites written submissions on the issues discussed in the reports and on other issues within its terms of reference by April 15, 2012. Information on how to make a submission is on the Commission’s website at
http://www.missingwomeninquiry.ca/ways-to-participate/

The study commission reports and written submissions received from individuals and organizations will assist in the development of the Commission’s Policy Forums to be held in early May and the Commission’s report and recommendations.

The Missing Women Commission of Inquiry is conducting a range of research and consultation activities to gather the information required to make effective recommendations for province-wide change.

Additional policy discussion and research reports will be published as they become available.

All of the reports were prepared for consideration by the Commission and do not necessarily reflect the view of the Commissioner or Commission staff. No findings of fact will be made based on these reports and no conclusions have been reached to date on the issues raised in them.

The Commissioner gratefully acknowledges the assistance provided by all of those who participated in and supported the consultations in the Downtown Eastside and in the northern communities.

About the Commission:


The Missing Women Commission of Inquiry was appointed by the B.C. provincial government in September 2010 with a mandate to inquire into the conduct of police investigations of women reported missing from the Downtown Eastside between January 23, 1997 and February 5, 2002, and to review the decision by the B.C. Criminal Justice Branch on January 27, 1998 to stop legal proceedings against Robert William Pickton on charges of attempted murder, assault with a weapon, forcible confinement and aggravated assault; to recommend changes considered necessary respecting the initiation and conduct of investigations in B.C. of missing women and suspected multiple homicides; and to recommend changes considered necessary respecting homicide investigations in B.C. by more than one investigating organization, including the coordination of those investigations. The Commission is currently scheduled to report back to the Attorney General by the end of June, 2012.-30-

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Media Statement ______________________________________________________________________________
Monday, March 5, 2012

Independent Counsel Withdraws from Missing Women Commission of Inquiry

Vancouver – Robyn Gervais, Independent Counsel for Aboriginal Interests at the Missing Women Commission of Inquiry has withdrawn from her position effective immediately.
Ms. Gervais cites the delay in calling Aboriginal witnesses, the failure to provide adequate hearing time for Aboriginal panels, the lack of ongoing support from the Aboriginal community and the disproportionate focus on police evidence as her reasons for withdrawal.

Ms. Gervais said, “This inquiry is fundamentally about missing and murdered women, a disproportionate number of whom were Aboriginal. Despite 38 days of police testimony, the commission has yet to hear from an Aboriginal witness.”

“As I leave, I regret that I could not find a way to bring the voices of the missing and murdered Aboriginal women before the Commissioner”, said Ms. Gervais.

The inquiry appointed Ms. Gervais as independent counsel on August 11, 2011 with a mandate to serve the public interest. She was appointed after the provincial government refused to fund legal services to First Nations groups.

Robyn dean Gervais graduated from University of British Columbia Faculty of Law in 2008. She is Metis, and grew up near Edmonton, Alberta. She previously represented the Carrier Sekani Tribal Council at the inquiry before the group decided to withdraw because of lack of funding.
The commission was appointed by the B.C. government in 2010 to probe the Vancouver police and RCMP investigations of women reported missing from Vancouver's Downtown Eastside between Jan. 23, 1997 and Feb. 5, 2002.

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Contact:
Robyn dean Gervais
Email: gervais@rogelaw.ca
Twitter: @RobynGervaisMWI
Phone: 604. 812. 9694

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NEWS RELEASE



FOR IMMEDIATE RELEASE:

MARCH 6, 2012



First Nations Summit withdraws from participation in

Missing Women Commission of Inquiry



An Open Letter to Wally Oppal, Q.C., Commissioner



Coast Salish Territory (Vancouver) — The First Nations Summit today released the attached open letter to Wally Oppal, Commissioner of the Missing Women Commission of Inquiry.



The letter concluded that given recent developments, including the withdrawal of the Independent Legal Counsel for Aboriginal interests and the overall conduct of the Inquiry, the voices of the families of the missing and murdered Aboriginal women and Aboriginal communities are clearly not being heard or respected. Therefore, given the realization that the Inquiry will clearly not be able to fulfill a critical part of its mandate, the First Nations Summit has indicated it has no choice but to withdraw as an active participant in the Inquiry.



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The First Nations Summit speaks on behalf of First Nations involved in treaty negotiations in British Columbia. The Summit is also a NGO in Special Consultative Status with the Economic and Social Council of the United Nations. Further background information on the Summit may be found at http://www.fns.bc.ca.



For Further Information:



Grand Chief Edward John

FNS Political Executive

Cell: 778-7725-8218



Chief Doug White

FNS Political Executive

Cell: 604-910-8853

***********************



March 6, 2012



Wally Oppal, O..C., Commissioner

Missing Women Commission of Inquiry

#1402 - 808 Nelson Street

Vancouver, BC V6Z 2H2

Fax: 604-681-4458

info@missingwomeninguiry.ca



Dear Commissioner:



Re: First Nations Summit Withdrawal from Missing Women Commission of Inquiry



Your Commission appointed Robyn Gervais as Independent Legal Counsel for Aboriginal interests. We had no role or any say in this matter. She has now withdrawn as Independent Legal Counsel. We find it extremely disturbing that she has had to take this drastic step.



The First Nations Summit applied for standing and was granted Limited Participant status. Despite the fact the government failed completely to provide any financial resources to our and all other First Nations/Aboriginal organizations, we did what we could to participate.



On October 12, 2011 on behalf of the First Nations Summit we submitted a comprehensive Statement to your Inquiry (see enclosed). We want to reiterate our full support for the families of all those women who are missing and murdered. They need to see that justice is not only seen to be done, but that it is done and that the many questions they have are answered fully. The voices of these families and that of our communities must be respected and heard.



We come to the conclusion, given all these developments, together with the conduct of the Inquiry, including your statements to Robyn Gervais today, those voices are not being respected or heard. This continues to reflect what we said in our Statement, a systemic pattern of discrimination. We feel the Inquiry will not be able to fulfill a critical part of its mandate.



Our continued participation has always been subject to review by our Executive and Chiefs. Unfortunately, the fears expressed by our Chiefs and leaders at the outset of this process, have been confirmed. Given the withdrawal of, and the reasons provided by, the Independent Legal Counsel, Robyn Gervais, today and the withdrawal of all First Nations/Aboriginal organizations earlier in the process, we feel we cannot continue to participate. Effective today, we withdraw from participation in this Inquiry. We will seek alternative ways for the voices of the families the missing and murdered women and our communities to be heard and respected.



Yours truly,

FIRST NATIONS SUMMIT TASK GROUP



Grand Chief Edward

John Chief Douglas White III Kwulasultun

Dan Smith

(Please visit www.fns.bc.ca to download the October 12, 2011 First Nations Summit Statement to the Missing Women Commission of Inquiry)

[admin]

March 12th, 2012 - The flawed Missing Women Commission of Inquiry is going to "Stand Down" until next month, so it can deal with the latest issue that has negatively impacted Aboriginal people.

Commissioner Wally Oppal said his decision was made to allow him "to appoint independent counsel to present issues related to Aboriginal interests. This role is crucial in ensuring that Aboriginal interests are represented at the Inquiry."

This follows last week's surprise withdrawl from the Inquiry by the lawyer who was representing Aboriginal interests. Commissioner Oppal explained: "With the events of last week weighing heavily on my mind, I have directed commission counsel to immediately undertake the important and urgent task of identifying an experienced and respected legal professional for the role of independent counsel presenting issues related to Aboriginal interests. This needs to be done as soon as possible. To facilitate this appointment, I feel that it is necessary for me to direct the Commission to stand down for a short period – until this person is appointed and has time to become familiar with this file. I do not want to proceed without new counsel being familiar with our mandate and with the evidence thus far called.

That would not be right."

On April 2, the process will proceed with the Native Liaison Society Panel. Commission counsel is making arrangements to have evidence presented the week of April 9. The families of 25 missing and murdered women are confirmed for participation during the week of April 16. "It is crucial that we have counsel in place to present the issues related to Aboriginal interests for these panels and I am confident that we will. I am aware that there are many issues that the Aboriginal community would like to address through the Commission. I want to respectfully acknowledge this. Many important areas of concern have been identified by the Aboriginal communities and by others; however, this Commission has a specific mandate that we are bound by and at its core – this is an inquiry about policing."

- - -

Missing Women Commission of Inquiry to Stand Down Until April 2, 2012

(Information attributable to Mr. Art Vertlieb, Q.C., Commission Counsel)
Commissioner Wally Oppal today directed the Missing Women Commission of Inquiry to
stand down until April 2, 2012. This decision was made to allow the Commissioner to
appoint independent counsel to present issues related to Aboriginal interests. This role is
crucial in ensuring that Aboriginal interests are represented at the Inquiry.
The District 2 panel was allowed to conclude today.

On April 2, the process will proceed with the Native Liaison Society Panel. Commission
counsel is making arrangements to have evidence presented the week of April 9. The
families of 25 missing and murdered women are confirmed for participation during the
week of April 16.

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Commissioner Oppal Speaking Notes
Monday, March 12, 2012

Since the surprise announcement by Ms. Gervais last week, I have spent a great
deal of time reflecting. Her withdrawal from these proceedings caused great
concern. I heard what Grand Chief Ed John stated for the record and I take his
words seriously.

No one would disagree that this process needs – in fact, demands –
representation of the families of 25 missing and murdered women – many of
whom are Aboriginal – the Aboriginal community, the communities of the
Downtown Eastside and the extremely vulnerable women that continue to be
victimized today.

While I believe that each community is being respected and heard, it is clear that
this opinion is not shared by all. This means that we all have work to do in this
area.

I hope that we can find a place in this process where we can all work together. If
not in perfect harmony – then, at the very least – in a manner that allows for
mutual respect. I believe that we share one important goal – we want this
Commission to produce a report that makes a difference to the lives of vulnerable
women at extreme risk.

It is my sincere hope that each person and each community involved will feel
respected and heard throughout this Commission’s process. I want to be clear on
this: we are – and have always been – fully committed to an inclusive process.

With the events of last week weighing heavily on my mind, I have directed
commission counsel to immediately undertake the important and urgent task of
identifying an experienced and respected legal professional for the role of
independent counsel presenting issues related to Aboriginal interests. This needs
to be done as soon as possible.

To facilitate this appointment, I feel that it is necessary for me to direct the
Commission to stand down for a short period – until this person is appointed and
has time to become familiar with this file. I do not want to proceed without new
counsel being familiar with our mandate and with the evidence thus far called.
That would not be right.

Additionally, the families of the victims – as represented by Mr. Ward – play an
important role in this process. I understand that Mr. Ward has requested
documents that he believes are critical for his examination of upcoming
witnesses and that late production of these documents would affect his ability to
properly question the witnesses. It is my hope that this brief adjournment will
allow him to properly consider the disclosure he has requested.

We want to give this lawyer adequate time to become familiar with this file, but
we cannot hold up the process for an extended period.

I would like the Commission to stand down until April 2, 2012.

After Mr. Ward completes his examination of the District 2 panel today, we will
stand down so that Mr. Ward and other counsel can consider the new disclosure,
and new counsel can be identified, appointed and become familiar with the file.

If the District 2 panel needs to return for either Mr. Ward to ask questions relating
to the new disclosure or if required by the newly appointed counsel, I would
respectfully ask that the panel make themselves available for that purpose.

When we return the week of April 2, I understand that we will proceed with the
Native Liaison Society Panel. I understand that Freda Enns and Morris Bates
have been interviewed and we are ready to move forward with their participation
in this panel.

Commission counsel will make arrangements to have evidence presented the
week of April 9.

I also understand that Mr. Ward’s clients, the families of 25 missing and
murdered women, are confirmed for participation during the week of April 16.
We will be proceeding on this basis when we return on April 2.

I thank each of you for your continued commitment to participate in this process.
It is crucial that we have counsel in place to present the issues related to
Aboriginal interests for these panels and I am confident that we will.

I am aware that there are many issues that the Aboriginal community would like
to address through the Commission. I want to respectfully acknowledge this.

Many important areas of concern have been identified by the Aboriginal
communities and by others; however, this Commission has a specific mandate
that we are bound by and at its core – this is an inquiry about policing.

In closing, I want to say that I strongly believe that all of the voices of our
communities are not only important to this process – but crucial.

I also believe that this process should be judged, examined and criticized on a
daily basis. I respect and appreciate a system that demands great results from
this Commission – and that you hold us to a high standard. I want you to know
that we hold ourselves to that same standard.

It bears repeating that our task is extremely important – for we are examining
circumstances relating to the most horrific crimes in Canadian history. What we
do here each day is not something that any one of us takes lightly. We are here
because we want to help make a difference. We are here because the lives that
were lost matter and because, through this process and the final
recommendations, we can save lives in the future. When I walk into this room
every day, I come in with the belief that each one of us can – and is – making a
difference.

Thank you.

[admin]

March 22, 2012

Coast Salish Territory, Vancouver, British Columbia – The First Nations Leadership Council is greatly troubled by yesterday’s announcement from the Missing Women Commission of Inquiry regarding the “appointment of two Independent Counsel presenting issues related to Aboriginal interests.”

“The announcement represents a sad commentary on the great travesty known as the Missing Women Commission of Inquiry. As we have long maintained, it is totally unacceptable that the BC Government would establish an Inquiry into the deaths and disappearances of so many missing Aboriginal women and yet, in order to save money, deny Aboriginal peoples the opportunity to use their own voice to make substantive contributions to the Inquiry,” said Grand Chief Stewart Phillip of the Union of BC Indian Chiefs. “With this announcement, it is clear the Inquiry is scrambling to prove its relevance and credibility.”

“The Commission is not getting the message. Appointing independent counsel is an inappropriate and inadequate solution to ensuring a meaningful Aboriginal role in the Inquiry,” stated Grand Chief Edward John of the First Nations Summit. “It is entirely unrealistic to expect that any counsel would have the ability to properly review the vast amount of information in the extremely limited timeline. The Inquiry is fundamentally flawed by its narrow mandate, the restrictive interpretation of that mandate and the absence of critical Aboriginal voices. Sadly, the result is that the Inquiry has no hope of being a meaningful illumination into key issues and policing in our society.”

BC Assembly of First Nations Regional Chief Jody Wilson-Raybould concluded, "At the outset, the First Nations of BC strongly encouraged the Missing Women Commission of Inquiry to respect the families of missing and murdered women, Downtown Eastside Women’s groups and First Nations’ organizations by ensuring their meaningful participation in the Inquiry. The Inquiry continues despite the fact that almost all of these groups have formally withdrawn.

The Inquiry has, however, heightened public awareness and justice will need to be served. Despite the obvious failings of this Inquiry, we will continue to fight on to ensure that the voices of our most vulnerable are heard so that we may seriously address the systemic problems in our justice system."
- - -
March 21, 2012

Appointment of Independent Counsel presenting issues
related to Aboriginal interests announced
(Information attributable to Mr. Art Vertlieb, Q.C., Commission Counsel)

Commissioner Wally Oppal has appointed lawyers Suzette Narbonne and Elizabeth Hunt as Independent Co-Counsel to present issues related to Aboriginal interests. Commissioner Oppal believes that this role is crucial to ensure that Aboriginal interests are presented at the Inquiry.

Both Ms. Narbonne and Ms. Hunt are respected, experienced legal professionals. Commissioner Oppal has every confidence in each lawyer’s ability.

Suzette Narbonne Biography
Ms. Narbonne started her legal career as a staff lawyer with Legal Aid Manitoba in The Pas, Manitoba. She was called to the Bar in Manitoba in June 1989 and in British Columbia in May 1995, when she moved to Prince Rupert. She lived in Prince Rupert until January 2011. She now makes her home in Gibsons, B.C., where she continues as a sole practitioner, primarily in the fields of criminal law and human rights.

While in Prince Rupert, Ms. Narbonne was on the executive of the Rupert Runners and was actively involved with other non-profit organizations. She was recognized for her community service in Prince Rupert County by the Canadian Bar Association, B.C. branch, in 2008.

Ms. Narbonne served as a governor of the Law Foundation of British Columbia for six years (2003 to 2009). She served on the following committees during her terms: Child Welfare, Funding Strategies, New Grants, New Initiatives, and Special Needs Fund (Chair). She served as a Bencher of the Law Society of British Columbia from September 2009 to December 2011. She was appointed to the board of the Legal Services Society in May of 2011.

Elizabeth Hunt Biography
Ms. Hunt is a lawyer and a member of the Kwakiutl Nation. Her practice areas include aboriginal law, specifically treaty negotiations, residential school claims, corporate and commercial, intellectual property, wills and estates as it relates to Aboriginal interests. She has also been a sessional professor at Thompson Rivers University and University of Victoria. Ms. Hunt has a long history of volunteerism with children and youth in the community. She is a member of the Equity and Diversity Committee of the Law Society of British Columbia.

Ms. Hunt was called to the Bar in B.C. in 1995 and started her career as an associate at the law firms of Mandell Pinder and Cook Roberts. She has been a sole practitioner for the past several years.

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[admin]

Missing Women Commission of Inquiry Releases New Study Reports

The Missing Women Commission of Inquiry has released four new reports that form part of the study commission aspect of its mandate.

The reports, which are available on the Commission’s website at http://www.missingwomeninquiry.ca/repor ... lications/ are:

Practices and Procedures in the Investigation of Missing Persons Across Canada: 1997 to Present analyzes information received from 20 Canadian police agencies that responded to surveys distributed by the Missing Women Commission of Inquiry regarding missing persons practices and procedures.

Comparative Approaches to Missing Persons Procedures: An Overview of British, American and Australian Policies provides an overview of comparative missing persons policies from the United Kingdom, the United States and Australia. It outlines the scope of missing person issues and describes the agencies involved in missing person investigations. It includes the degree of federal or national coordination of missing person investigations.

Policies and Practices in the Investigation of Missing Persons and Suspected Multiple Homicides identifies and discusses issues related to police policies and practices in the investigation of missing persons and suspected multiple homicides. This policy discussion report was developed on the basis of a review of Canadian and international reports on the phenomenon of missing and murdered women and best practices in missing person and serial homicide investigations.

This paper concludes by posing a number of questions designed to stimulate public discussion and input to the Commission’s work. These questions include:
- Are existing BC police standards for missing person investigations comprehensive and effective? What gaps remain to be filled?
- Should standards be set at the local, provincial and/or national level?
- Is risk assessment effectively incorporated into missing person policies and practices?
- What support systems are required to facilitate effective investigations of missing women and suspected multiple homicides?

Towards More Effective Missing Women Investigations: Police Relationships with Victims’ Families, the Community and the Media identifies options for improving police responses to missing person cases with a focus on “external” issues relating to how police interact with families and others reporting a missing person, communities and the media in the context of missing person investigations.

This paper concludes by posing a number of questions designed to stimulate public discussion and input to the Commission’s work. These questions include:
- What steps need to be taken to build an effective network of support for families and friends of missing persons?
- How can police-community partnerships be developed and used effectively in both prevention and investigation efforts in the context of missing persons, particularly vulnerable and marginalized women who face high risks of going missing?
- What steps can be taken to build community skills and community engagement in missing person investigations?
- Should the media be encouraged to develop standards for reporting in missing person cases?

The Commission released four reports in February and will be issuing several additional reports in the coming weeks.

The Commission invites written submissions on the issues discussed in the reports and on other issues within its terms of reference by April 15, 2012. Information on how to make a submission is on the Commission’s website at: http://www.missingwomeninquiry.ca/ways-to-participate/

The study commission reports and written submissions received from individuals and organizations will assist in the development of the Commission’s Policy Forums to be held in early May and the Commission’s report and recommendations.

The Missing Women Commission of Inquiry is conducting a range of research and consultation activities to gather the information required to make effective recommendations for province-wide change.

Additional policy discussion and research reports will be published as they become available.

All of the reports were prepared for consideration by the Commission and do not necessarily reflect the view of the Commissioner or Commission staff. No findings of fact will be made based on these reports and no conclusions have been reached to date on the issues raised in them.

About the Commission:
The Missing Women Commission of Inquiry was appointed by the B.C. provincial government in September 2010 with a mandate to inquire into the conduct of police investigations of women reported missing from the Downtown Eastside between January 23, 1997 and February 5, 2002, and to review the decision by the B.C. Criminal Justice Branch on January 27, 1998 to stop legal proceedings against Robert William Pickton on charges of attempted murder, assault with a weapon, forcible confinement and aggravated assault; to recommend changes considered necessary respecting the initiation and conduct of investigations in B.C. of missing women and suspected multiple homicides; and to recommend changes considered necessary respecting homicide investigations in B.C. by more than one investigating organization, including the coordination of those investigations. The Commission is currently scheduled to report back to the Attorney General by the end of June 2012.

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[admin]

Missing women inquiry rocked by new scandal . .

April 4, 2012

Response from Commissioner Wally Oppal to Allegations in the National Post

(Information attributable to Mr. Wally Oppal, Q.C., Commissioner)

I am outraged by these anonymous allegations and I take them very seriously. I was first informed about these allegations last Friday morning by Senior Counsel Art Vertlieb, after he was interviewed by Brian Hutchinson of the National Post. Mr. Vertlieb was shocked by these accusations and came to me right after the interview was over. I immediately took the steps to initiate an independent investigation into the allegations.



The behaviour described in the allegations in the article goes against everything I stand for as a human being and as the Commissioner of this Inquiry. Anyone who knows me understands that I am someone who bases my personal and professional relationships on respect. Neither I, nor senior counsel had any knowledge of this kind of behaviour at the Commission. It would not be tolerated.



There have been no formal complaints made and no former employees have come forward with allegations. Had anyone come to me or to senior counsel, we would have immediately launched an investigation and the person responsible would have been dealt with accordingly. Upon learning of these allegations, we engaged the services of an experienced independent investigator (Delayne Sartison, Q.C.) to look into the allegations.



There is no tolerance for the kind of behaviour that is described in the article. No one should ever be made to feel disrespected, demeaned, or harassed in the workplace or in their personal lives. That is unacceptable behaviour.



The Commission staff is made up of professionals who are motivated to make positive change in the world. They work tirelessly and with great commitment to the Commission’s mandate. I spend a great deal of time in the Commission office. In fact, I am in there almost daily. It has always been my personal style to walk around the office and speak one-on-one with people. I do that on a regular basis and no one – not one person – has ever brought up any of the issues outlined in this article to me. There has never been any indication of issues of this nature.



I have always recognized the stressful nature of this work. Since we began, we have made what we believe are strong efforts to provide support to our staff, including offering unrestricted and confidential access to the services of a psychologist in case they have issues they wanted to discuss.



I have every respect for the people that work with this Commission – those that are on staff, those that have worked with us in the past and for everyone who participates in this challenging process on a daily basis. That is what makes these allegations so devastating. These allegations do not reflect who I believe we are as a Commission or as people.



Like every office, we have had budget issues, we have had personality conflicts, we have had contracts that expired or were not renewed. I have felt that throughout all of the hard work, the challenges, the public criticism and the pressures that we always have had respect for one another. Not once has anyone come to me with a complaint about the kind of behaviour that is outlined in this article. I am truly saddened by this.



We will not let these allegations shift our focus over the coming days and weeks from what we are here to achieve – to gather relevant information so that a valuable report can be produced that will have effective recommendations. We all need to remember our objective here – we are here to save the lives of our most vulnerable citizens.



I realize that you will have many questions about this article. I am not able to answer those questions until we have the report from the independent investigation that has been started.



Thank you.


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[admin]

Open Letter:
Groups affirm boycott of discriminatory Missing Women Commission of Inquiry
April 10, 2012

Fifteen organizations issued letters directed to Commissioner Wally Oppal confirming that they will not be participating in the “second phase” of the Missing Women Commission of Inquiry, citing concerns about discrimination and the conduct of the Commission to date.

The attached letters from an informal coalition of advocacy and service providing groups, the Native Women’s Association of Canada and the Assembly of First Nations are written in response to an invitation letter sent by Commissioner Wally Oppal, asking organizations to return to the Inquiry.

Full PDF copies at: http://www.ubcic.bc.ca/files/PDF/OpenLe ... 041012.pdf

Text of the letter from the coalition of advocacy and service providing groups available below.

For more information, please contact:

Aboriginal Front Door Society, Mona Woodward, Executive Director, (604) 697-5662
Amnesty International Canada, Craig Benjamin, (613) 744 -7667 ext 235
Atira Women’s Resource Society, Janice Abbott, Executive Director, (604) 331-1420
B.C. Civil Liberties Association, David Eby, Executive Director, (778) 865-7997
Battered Women’s Support Services, Angela Marie MacDougall, Executive Director, (604) 808-0507
Carrier-Sekani Tribal Council, Terry Teegee, Vice Tribal Chief, (250) 640-3256
Downtown Eastside Sex Workers United Against Violence Society, Katrina Pacey, (604) 729-7849
Ending Violence Association British Columbia, Tracy Porteous, Executive Director, (604) 633-2506, x11
February 14th Women’s Memorial March Committee, Lisa Yellow-Quill, L.YellowQuill@gmail.com
First Nations Summit, Colin Braker, Communications Director, (604) 926-9903
Native Women’s Association of Canada, Claudette Dumont-Smith, Exec. Director, (613) 722-3033 x223
PACE: Providing Alternatives Counselling & Education Society, Karen Mirsky, (778) 838-2972
Pivot Legal Society, Doug King, Lawyer, (778) 898-6349
Union of B.C. Indian Chiefs, Grand Chief Stewart Phillip, (250) 490-5314
Union Gospel Mission, Genesa Greening, Director, Community Strategies, (604) 506-0845
West Coast LEAF, Executive Director, Kasari Govinder, (604) 684-8772, x212
WISH Drop-in Centre Society, Kate Gibson, Executive Director, (604)669-9474

=============

Missing Women Commission of Inquiry
Attn: Commissioner Wally Oppal, QC
#1402 - 808 Nelson Street
Vancouver, BC
V6Z 2H2

April 10, 2012

Dear Commissioner Oppal,

Open Letter: Non-participation in the Policy Forums/Study Commission

We write to advise the Commission that we, the undersigned groups, will not be participating in the Policy Forums or Study Commission aspects of the Missing Women Commission of Inquiry (the “Inquiry”). We are not prepared to lend the credibility of our respective organizations’ names and expertise to this Inquiry, which can only be described as a deeply flawed and illegitimate process. The Commission has lost all credibility among Aboriginal, sex work, human rights and women’s organizations that work with and are comprised of the very women most affected by the issues this Inquiry is charged with investigating.

Many of the organizations listed below have for years been demanding an inquiry into the disappearances of so many marginalized women from Vancouver’s Downtown Eastside and across the province. When this Inquiry was finally called, we fully expected it to be a meaningful and inclusive process that would respect and honour the expertise of women, Aboriginal people, sex workers and other community members with important insight and knowledge to share. However, it has become painfully clear over the course of the Inquiry’s proceedings that this Inquiry is not a meaningful and inclusive process. Instead, it has served to repeat the same discrimination and exclusion that we had hoped it was going to uncover.

Women have been going missing from Vancouver’s Downtown Eastside, and across the province, for decades. Women, especially Aboriginal women, sex workers, and women living in poverty, continue to face extreme violence in their lives, and experience profound barriers to reporting their victimization to police. Police and government failures to take women’s safety seriously and to commit resources to improving the social and economic conditions in which women live are issues of long-standing concern to all of the undersigned groups. It is disturbing to note that this Inquiry into the disappearances and murders of sex workers from Vancouver’s Downtown Eastside is taking place while government funding for sex worker support groups like PACE (Providing Alternatives Counselling and Education Society) and PEERS (Prostitutes Empowerment Education Resource Society) has been drastically reduced to the point that these two essential organizations may soon be forced to close their doors. Women’s organizations across the province are feeling a similar squeeze.

We feel that it is important to state our profound disappointment in how this Inquiry has unfolded. Based on our experiences of exclusion from the Inquiry process, as well as our assessment of events occurring throughout the course of the proceedings, we have no confidence that our participation in the Policy Forums or Study Commission will contribute to the truth, reconciliation and accountability that we fully expected when this Inquiry was initiated. Instead, we will continue to seek alternative ways to support the families of the missing women and the vulnerable communities who continue to deal with ongoing violence, and we will advise you of this work.

When the provincial government denied funding to the community group participants who had been calling for this public inquiry for over a decade (the “Community Group Participants”), the Inquiry became the subject of intense and well-deserved criticism. We are extremely disappointed that multiple appeals to the Province to remedy this injustice were unsuccessful, and that Community Group Participants were unable to exercise the standing rights granted to them by the Commissioner.

The failure to ensure equal access to the Inquiry process for the Community Group Participants granted standing made it clear to us, as it was to the broader public, that there would be deep inequities in terms of what evidence would be tendered and what interests would be represented. The value of the Inquiry was called into question and, at that point, so much more could have been done by the Commission to fight for the integrity of the process. The lack of commitment to fighting for the appropriate, meaningful, and adequately funded involvement of Community Group Participants was extremely disappointing. Additionally, former Attorney General Barry Penner, current Attorney General Shirley Bond, and Premier Clark themselves bear responsibility for refusing to adequately fund Community Group Participants, marginalizing their essential contributions and undermining the legitimacy of the Inquiry process. The families, who have appropriately been provided counsel, are unable to offer the same contributions that would have been made by the many other groups who were shut out. These groups have decades of relevant policy expertise, have been supporting women who have experienced the most extreme levels of violence imaginable, have been tracking deaths of women for many years, and have been analyzing the serious problems with policing in British Columbia, as well as other systems such as child protection, income assistance, housing, healthcare, and transportation. These groups could have made a positive difference to the proceeding and outcomes for women and families in our Province.

We would like to take this opportunity to set out a number of other concerns we have had as this Inquiry has progressed.

Limitations of the terms of reference: In unilaterally setting the terms of reference for the Inquiry without consulting any of the affected parties, the provincial government unnecessarily restricted the Commission to examining the criminal justice system and its handling of the Pickton investigation, without providing for a fulsome examination of the various systemic issues leading to marginalized women’s particular vulnerability to violence, the lack of protections available, or the epidemic of missing and murdered women in British Columbia.

No lawyers for organizations and community members who represent crucial perspectives: 25 publicly funded lawyers have represented police and government interests and yet no lawyers were funded to represent the Community Group Participants who originally demanded an inquiry in the first place. The Community Group Participants represent essential perspectives and experiences that have not been, and cannot be, adequately represented by Commission counsel, the amici or the two very dedicated but overburdened lawyers who represent the families of the missing women.

Lack of Witness Protection: The Inquiry has recreated many of the barriers that women face when requiring police protection. One key example of this was the failure to grant adequate protection for the identities of vulnerable witnesses who agreed to come forward to tell their stories. Instead, the Commissioner granted significant protections for people convicted of assaulting the exact women that the Commission was hoping to hear from.

Delayed, incomplete disclosure: The failure to order the disclosure of the book written by Lori Shenher, a lead VPD investigator on the Pickton file, for months, the order requiring the book to be redacted, and then the failure to mark it as an exhibit so that the public may have access to it, is just one example of the inadequate and delayed disclosure that has become commonplace throughout this Inquiry.

Impossible Timelines: The provincial government has set a deadline of June 30, 2012, for the production of the Commissioner’s report. Hearings will end by April 30. This arbitrary timeline cannot and will not provide for an appropriately diligent examination of all relevant issues. The Commissioner’s request for an extension was refused, and all indications are that similar demands made recently by the families of Pickton’s victims will also be rejected.

Conflict of interest: The Commission hired a former Vancouver Police Department officer to conduct witness interviews and to “help” write an “independent” report on the Vancouver Police Department and RCMP investigations that was intended to be authored by the Peel Regional Police. The Peel Regional Police had numerous officers under investigation by the RCMP while they were writing their portion of the report about the RCMP investigations into Pickton. We also understand this former VPD officer is writing questions for Commission counsel and has no training to be doing this type of work.

Allegations of sexism and marginalization of witnesses: Former staff from the Commission have alleged sexist conduct, and conduct inconsistent with the intent for which the Inquiry was established, namely, to facilitate hearing the evidence of marginalized women. The Commission appears woefully out of touch with how it may be replicating the exact exclusion and discrimination that led to this Inquiry being called in the first place.

Limited Witnesses: The arbitrary and unworkable timeframe has meant that the Commission has not and will not hear evidence from many important witnesses. Key witnesses requested by counsel for the families have not been added to the witness list more than four months after the request was made. The Commission has refused to hear evidence about possible connections between the Pickton brothers and Hell’s Angels, or to look into allegations of corruption and connections with organized crime. The purpose of the Inquiry is to get to the bottom of why police failed to stop the killings of vulnerable women. The question of whether women were prevented from coming forward to police with information about Pickton because they were intimidated by organized crime connections is highly relevant to this purpose and should be fully explored. Instead, this line of inquiry has been explicitly shut down by the Commissioner.

Further to these concerns, the recent resignation of Robyn Gervais, the lawyer hired to represent “Aboriginal interests” at the Inquiry, has further reinforced our concerns. Ms. Gervais resigned her position citing the Commission’s unwillingness to give enough time and weight to evidence from Aboriginal witnesses. “Aboriginal interests have not, and will not, be adequately represented in these hearings,” she said. “Given that these hearings were about missing Aboriginal women, I didn't think I would need to fight to have their voices heard.” From the outset, we did not support the appointment of amici to represent community interests. Ms. Gervais’ resignation confirms our belief that this was a tokenistic appointment that could never have been expected to effectively represent the broad and essential perspectives of First Nations people. We are extremely troubled by the recent announcement regarding the hasty appointment, one month before the end of the hearings, of two new Independent Counsel to present issues related to Aboriginal interests. We emphasize that this will still not allow for the inclusion of critical Aboriginal voices - those voices required their own legal counsel in order to participate.

On May 1, 2012, the Inquiry will shift into its Study Commission function and begin holding Policy Forums in which interested individuals and organizations can make submissions to the Commission on issues within the advisory and policy aspects of its mandate. Given the record of the Inquiry thus far, our organizations have no confidence that the insight or expertise we could now offer would make any difference to the Inquiry’s outcome or the strength of its recommendations. The government’s failure to commit the necessary resources to this Commission does not bode well for its commitment to implementing any of the Commission’s recommendations, and the Commission’s continued exclusion and marginalization of community voices undermines the credibility of the entire process. We see little value in spending our organizations’ extremely limited time and resources contributing to a process that is fundamentally flawed and irredeemably defective.

Canada has been criticized by the United Nations Committee on the Elimination of Discrimination against Women and, just weeks ago, by the UN Committee on the Elimination of Racial Discrimination because of the inadequacies in its law and practice respecting the prevention, investigation, prosecution and punishment of violence against women, particularly Aboriginal women. The high levels of violence experienced by Aboriginal women, as well as the hundreds of missing and murdered Aboriginal women across the country, are evidence of Canada’s failure to meet its international legal obligations to respect, protect and fulfill the fundamental human rights of women. To date, Canada has not made an effective response to these serious and significant findings by expert human rights bodies.

The UN Committee on the Elimination of Discrimination against Women has initiated its inquiry procedure under the Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination against Women in response to information it has received regarding disappearances and murders of Aboriginal women and girls. Given the failures of the British Columbia and Canadian governments to address effectively the human rights crisis of missing and murdered Aboriginal women and girls, including the social and economic conditions that make Aboriginal women and girls more vulnerable to violence in the first place, our organizations will dedicate what limited resources we can offer to working with the United Nations to facilitate their investigations and fact-finding processes, in order to ensure that Canada is held internationally accountable for these ongoing human rights violations. We have no confidence that the Commission of Inquiry can provide such accountability.

In closing, we reiterate our disappointment in the Missing Women Commission of Inquiry, which continues to lose relevance and credibility. Ensuring that the Commission proceeds with the maximum amount of evidence and input available is literally a matter of life and death for the marginalized women who continue to experience extremely dangerous situations on a daily basis in the Downtown Eastside and throughout the province, and we are extremely upset that the Commission has not chosen to implement measures to allow for this. We are angry that millions of dollars continue to be spent on the Inquiry, and yet the Province and Commissioner were not able to provide adequate funding for Community Group Participants to participate in an appropriate manner. Our organizations will continue to support the families of the missing women and will work together going forward to ensure that real change happens for the vulnerable women of the Downtown Eastside.


Yours truly,

Aboriginal Front Door Society
Amnesty International Canada
Atira Women’s Resource Society
B.C. Civil Liberties Association
Battered Women’s Support Services
Carrier Sekani Tribal Council
Downtown Eastside Sex Workers United Against Violence Society
Ending Violence Association of British Columbia
Feb. 14th Women’s Memorial March Committee
First Nations Summit
PACE: Providing Alternatives Counselling & Education Society
Pivot Legal Society
Union of B.C. Indian Chiefs
Union Gospel Mission
West Coast LEAF
WISH Drop-in Centre Society