Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls in Canada

"Canada must put an end to its perennial pattern of violence against and oppression of Indigenous peoples."

Courts in Canada and if failing the ICC must get onto this.

The genocide against Indignous people in Canada has been found to exist and it was enabled by colonial structures and policies maintained over centuries until the present day and it constitutes a root cause of the violence currently being perpetrated against Indigenous women, girls and 2SLGBTQQIA (*) people in Canada.

Thousands of Indigenous women and girls were murdered or disappeared across the country in recent decades are victims of a “Canadian genocide,” says the final report of the CDN$92M national inquiry created to probe the ongoing tragedy.

Reclaiming Power and Place

The National Inquiry’s Final Report reveals that persistent and deliberate human and Indigenous rights violations and abuses are the root cause behind Canada’s staggering rates of violence against Indigenous women, girls and 2SLGBTQQIA people. The two volume report calls for transformative legal and social changes to resolve the crisis that has devastated Indigenous communities across the country.

The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.

As documented in the Final Report, testimony from family members and survivors of violence spoke about a surrounding context marked by multigenerational and intergenerational trauma and marginalization in the form of poverty, insecure housing or homelessness and barriers to education, employment, health care and cultural support. Experts and Knowledge Keepers spoke to specific colonial and patriarchal policies that displaced women from their traditional roles in communities and governance and diminished their status in society, leaving them vulnerable to violence.


Supplementary report: Quebec

The National Inquiry is simultaneously releasing a report specific to Quebec in order to give particular attention to the issue of violence against Indigenous women and girls in that province. The report outlines specific issues such as language barriers, health and social services provide by religious congregations and interaction with Indigenous and provincial police forces.

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Documents

A New Framework

Section 1 of the report, made up of Chapters 1-4, sets up the overall context that will be helpful for readers in approaching the information presented in the later sections of the report. In Section 1, we talk about the role of relationships, human and Indigenous rights, the history of colonization, and how each of these contexts can inform our understanding of the issue of violence against First Nations, Inuit, and Métis women, girls, and 2SLGBTQQIA people.
Chapter 1: Centring Relationships to End Violence
Chapter 2: Indigenous Recognitions of Power and Place
Chapter 3: Emphasizing Accountability through Human Rights Tools
Chapter 4: Colonization as Gendered Oppression

Right to Culture

The history of colonization has altered Inuit, First Nations, and Métis Peoples’ relationships to their culture and identity through targeted policies designed to sever their cultural and kin connections. These attacks on culture, which include residential schools, the Sixties Scoop and other assimilatory policies, are the starting points for other forms of violence Indigenous women, girls, and 2SLGBTQQIA people experience today.

Right to Health

Colonial violence directed toward cultural practice, family, and community creates conditions that increase the likelihood of other forms of violence, including interpersonal violence, through its distinct impacts on the physical, mental, emotional, and spiritual health of Inuit, First Nations, and Métis Peoples. In sharing stories about the health issues they or their missing or murdered loved ones faced and the experiences they had in seeking health services, family members and survivors illustrated how addressing violence against Indigenous women, girls, and 2SLGBTQQIA people must also address their right to health.

Right to Security

First Nations, Inuit, and Métis women, girls, and 2SLGBTQQIA people live with an almost constant threat to their physical, emotional, economic, social, and cultural security. As families, survivors, and others shared their truths with the National Inquiry, it became clear that, for the majority of Indigenous women, girls, and 2SLGBTQQIA people living in all settings and regions, security is a key area where violence against Indigenous women and girls can and should be addressed.

Right to Justice

While there are many facets to understanding the experiences of Métis, First Nations, and Inuit women, girls, and 2SLGBTQQIA people and the justice system, this chapter focuses most closely on the experiences of the families of missing and murdered loved ones. We also look at what survivors of violence told us about their experiences with police, the court system, and the correctional system. These encounters highlight crucial disconnections between Indigenous people and justice systems that compromise their basic right to justice.

Forensic Document Review Project

Overwhelmingly, the families who testified before the National Inquiry were seeking answers to perceived flaws in the investigations into the loss of their loved ones.

They discussed many ways in which they felt that police services had failed in their duty to properly investigate the crimes committed against them or their loved ones, leading ultimately to a failure to obtain closure and justice within the existing system. In response, the National Inquiry established the Forensic Document Review Project (FDRP), consisting of two teams conducting a review of police and other related institutional files. One team examined files of the Province of Quebec; the second group examined police files in all other provinces and territories throughout the rest of Canada. In this summary, when we refer to the FDRP, we are referring specifically to this second group. Information and recommendations of the Quebec FDRP are located in the Supplementary Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls devoted to Quebec. The purpose of the FDRP was to identify potential systemic barriers or problems and areas of weakness relating to the protection of Indigenous women, girls, and 2SLGBTQQIA people, and to make recommendations to the National Inquiry into Missing and Murdered Indigenous Women and Girls about the systemic causes of their disappearances and deaths.

During the course of the project, the Forensic Document Review Project (FDRP), which was tasked with examining files outside of Quebec, obtained and reviewed 174 files and 35 previous reports and studies on policing related to Indigenous women, girls, and 2SLGBTQQIA people, and analyzed publicly available information related to those files.

N.B.:

The population of Canada is 37 million, there are 31,000 reported disappearances of adults each year with most cases solved within a day or a week. About 10% of the cases remain unsolved or as unknown cause - about 3,100 a year in 37 million Canadians overall.

Canada's recognized population of Indigenous People is about 1.7 million. Canada has embarked now on a immigration policy that will see 1 million immigrants being allowed into Canada in 2019 alone. They are settled mainly in Provinces with a higher percentage of aboriginal people and political calculations (immigrants tend to vote for TPTB) appear to be the main reason.

While the number of Indigenous women and girls alone, who have gone missing, is estimated to exceed 4,000 in over 30 years, the report admits that no firm numbers can ever be established.

However, and more importantly, the actus reus of genocide refers to the objective elements of the definition and comprises two elements: (a) the existence  of  a  protected  group,  against  whom  (b) prohibited  conduct,  asenumerated in the definition (e.g. killing, causing serious bodily or mental harm) is directed.

CONCLUSION: These  prohibited conducts, which match one or more of the prohibited acts within the definition of genocide, coupled with the specific intent to destroy, leads the National Inquiry to conclude that there are serious reasons to believe that Canada is responsible for committing genocide against Indigenous peoples.

Canada has breached its international obligations through a series of actions and omissions taken as a whole, and this breach will persist as  long as genocidal acts continue to occur and destructive policies are maintained. Under international law, Canada has a duty to redress the harm it caused and to provide restitution, compensation and satisfaction to Indigenous peoples. But first and foremost, Canada’s violation of one of the most fundamental rules of international law necessitates an obligation of cessation: Canada must put an end to its perennial pattern of violence against and oppression of Indigenous peoples.

 

(*) 2SLGBTQQIA = 2-spirit, lesbian, gay, bisexual, transgendered, queer, questioning, intersex and asexual. Such determination gets a bit out of hand to the extent of becoming ridiculous - IT IS HUMANS AND IT IS PEOPLE.

All humans in their unique individuality are equal and must be equal before state law, whereby Indigenous peoples have additional rights based on UNDRIP or hold sovereign rights in unceeded territories and designated First Nation states.

I’m a Change Maker. Are you?

A powerful new public awareness and education campaign was launched on social media platforms by the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Find out more

Long-term Aftercare

Longer-term aftercare services are available through Indigenous Services Canada from now until 2020. Services include counselling and cultural support services for survivors, family members and those affected by the issue of missing and murdered Indigenous women and girls. More information is available at the Aftercare Services Page.

Thank you, Merci, Miigwetch and Nakurmiik

 

"None are more hopelessly enslaved than those who falsely believe they are free."

~ Johann Wolfgang von Goethe

 

 

UPDATE:

Canadian Inquiry Demands Justice for Genocide of Indigenous Women and Girls

June 4, 2019
 

 

“This colonialism, this discrimination, and this genocide explains the high rates of violence against indigenous women, girls and 2SLGBTQQIA [two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual people]—an absolute paradigm shift is required to dismantle colonialism in Canadian society,” said Marion Buller, the chief commissioner of an inquiry into murdered and missing Indigenous women in Canada at a ceremony presenting the report. “And this paradigm shift must come from all levels of government and public institutions.”

The 1200-page report includes 231 steps that need to be taken by the government and Canadian institutions in order to end the genocide against Indigenous women and girls. It arrived after indigenous women and girls have been murdered, disappeared, gone missing, exploited, traded, and abused for decades. It has taken decades of activists calling attention to the plight of Indigenous women for the Canadian government to hold an inquiry.

“Through the persistence of these Indigenous women and families and human rights allies we got a national inquiry,” Mi'kmaq lawyer, professor, activist and politician Pamela Palmater told The Real News Network's Sharmini Peries. “It was really a long time coming—more than most people know.”

In 2015, a Truth and Reconciliation Commission report about the abuses in residential schools recommended an inquiry into murdered and missing Indigenous women. Families of victims and human rights activists also reached out to the Inter-American Commission on Human Rights and various United Nations human rights treaties bodies for recommendations and calls for an inquiry.

Palmater praised the report's specificity, with its 200-plus recommendations, detailing some examples of the report's suggestions: “They also came to the conclusion that the judicial system has failed to hold Canada to account. So they want to make changes to Canada's judicial system and to empower First Nations, for example, to have their own laws and their own systems and their own policing to account for what Canada's not doing. And they also came to the conclusion that one of the root causes of why we have this genocide in Canada is because Canada not only fails to uphold the basic human rights of Indigenous women and girls, but they purposely breach it.”

Despite the report's clear recommendations and strong words from Buller, its chief commissioner, who demanded involvement “from all levels of government and public institutions,” Palmater explained that promises have already been broken when it comes to reckoning with this genocide.

“Prime Minister Justin Trudeau had an opportunity to be a world leader here and say, 'When it comes to genocide denial is the worst thing that you can do. You need to assume responsibility take full accountability and and let the chips fall where they may and work towards healing.' He didn't do that,” Palmater said. “He stepped around it and there are people in the crowd actually yelling out while he was speaking saying, 'Say genocide, say genocide.' And he didn't do it.”

Palmater explained that all that stops Canada from acting fully on the recommendations is the Canadian government itself, which so far has not lived up to its promises.

“In terms of confidence, I have every confidence that federal provincial, territorial, and municipal governments have enough capacity, resources, and ability to implement the steps that are needed to end the genocide in Canada,” Palmater said. “But my confidence is not so high that there's the political will to do so. And the reason why I say that is because all along the government said, 'Don't worry, we're not going to wait for the final report to take action on what's happening against indigenous women and girls.' But they didn't [take action].”

 


 

Story Transcript

CHIEF JUSTICE MARION BULLER I want to start, as I was taught by an elder in Saskatchewan, to acknowledge the spirits of the missing and murdered Indigenous women and girls, and to welcome them. The significant, persistent, and deliberate pattern of systemic racial and gendered human and Indigenous rights violations and abuses is hte cause of the disappearances, murders, and violence, and this is genocide.

SHARMINI PERIES And that was Chief Justice Marion Buller. She is the Chief Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls. The inquiry has delivered its report to the Indigenous communities, to Canadians, and the Prime Minister of Canada. The report includes 231 steps that need to be taken by the government and Canadian institutions in order to end the genocide against Indigenous women and girls according to this final report. Joining me now to discuss the report is Dr. Pamela Palmater. Pamela Palmater is a Mi’kmaw lawyer and member of the Eel River Bar First Nations, currently holding the position of Chair in the Indigenous Governance at Ryerson University. Pamela, good to have you here.

DR. PAMELA PALMATER Thanks for having me.

SHARMINI PERIES And I should also highlight that Pamela has a book which is called Indigenous Nationhood: Empowering Grassroots Citizens, which is a collection of blogs she has written over time. I thank you so much for joining us today on this very special occasion.

DR. PAMELA PALMATER I’m a big fan of your show.

SHARMINI PERIES Thank you, Pamela. Pamela, the report was a long time coming. So let’s begin by giving people an orientation to the backstory here, and why and how this report came about.

DR. PAMELA PALMATER Well, I mean, the backstory really is that, you know, for decades and decades, Indigenous women and girls have been murdered, disappeared, gone missing, been exploited, traded, and abused in all sorts of ways. We have been trying to get the government’s attention to address this and they wouldn’t, literally for decades. But through the persistence of all of the families of the murder victims, and all of the Indigenous women activists, and our human rights allies, we just kept pushing. Not only in Canada, but we pushed on the international level at the Inter-American Commission on Human Rights, at the various United Nations human rights treaties bodies, to continue to get recommendations and calls to action to have an inquiry. Finally, we had the Truth and Reconciliation Commission Report about the abuses in residential schools that came out in 2015. One of the recommendations there was to actually have an inquiry into murdered and missing Indigenous women. So finally, through the persistence of these Indigenous women, families, and human rights allies, we got a national inquiry. So, it was really a long time coming, more than most people know.

SHARMINI PERIES All right. Pamela, give us a sense of what it took to do this inquiry. Of course, it evoked so many memories, and so many people coming forth and having to provide testimonies of what had happened to their family members. Give us a sense of the, you know, emotional weight this has placed on the community and, of course, the experiences people went through in bringing about this report.

DR. PAMELA PALMATER Well it’s—I mean, imagine all of your worst traumas that no one has recognized for decades, all of your losses, you know, severe violence and deaths of your loved ones, and having to constantly relive that, and relive that just to get to this point of having an inquiry. Then, to have to share that with an inquiry for the purposes of trying to get justice. It was extremely hard on many of the family members, on all of the communities that are impacted, and even the leaders had a hard time with the sheer number of it. I don’t think many people realize just how widespread this was. And so, you have a scenario where many of the very same people who went through the trauma of residential schools, or they’re families of those who were died or murdered in residential schools, they had to go through that for the truth and reconciliation commission for that report. Some of them are of the very same families who also came forward for this. So, it really speaks to the strength, resilience, and determination of all of these indigenous families who, despite their own trauma and pain, really put justice for their lost loved ones ahead of all of that, and continued to participate in this so that all Canadians would know, but more important than awareness, so that governments would be held to account and be forced to take action.

SHARMINI PERIES All right. Now, Pamela, this report was obviously written with 230 recommendations, steps to be taken by the government and its institutions to correct the wrongs that have taken place for so long now. In that vein, the report was actually presented to Justin Trudeau, the Prime Minister of Canada. Let’s listen to his response to being presented with the report.

PRIME MINISTER JUSTIN TRUDEAU The work of the commissioners, the stories they have collected, and the calls for justice they have put forward, will not be placed on a shelf to collect dust. I know— [crowd applauds] I know, and you know that we need to fix the way things work in this country.

SHARMINI PERIES All right. Pamela, your confidence in the government to carry out the recommendations that have been made? I know, very eloquently, the report calls it “steps” that need to be taken. Tell us about why that terminology was chosen and then, of course, whether you have any confidence that this government will address the issues identified in those steps.

DR. PAMELA PALMATER Well, in terms of confidence, I have every confidence that federal, provincial, territorial, and municipal governments have enough capacity, resources, and ability to implement the steps that are needed to end the genocide in Canada, but my confidence is not so high that there’s the political will to do so. The reason why I say that is because all along the government said, don’t worry. We’re not going to wait for the final report to take action on what’s happening against Indigenous women and girls, but they didn’t. Here’s the other sign that’s really, really troubling. So, the Truth and Reconciliation Report concluded that what happened in residential schools and indeed other policies in Canada, were in fact genocide. This report did not only hear from the families, hear all the testimonies, they heard from expert witnesses and then they did their own independent legal analysis and research on whether what happened in Canada was genocide. And they said, undoubtedly, their legal finding in fact was that it was genocide.

As you know, state perpetrators of genocide around the world rarely ever admit that a genocide has occurred and they’re literally, dragged, you know, they’re taken kicking and screaming to accountability forums until they’re forced to account for what they’ve done. Prime Minister Justin Trudeau had an opportunity to be a world leader here and say, when it comes to genocide, denial is the worst thing that you can do. You need to assume responsibility, take full accountability, and let the chips fall where they may, and work towards healing. He didn’t do that. He stepped around it and there were people in the crowd actually yelling out while he was speaking saying, “say genocide, say genocide,” and he didn’t do it. So, he didn’t take the steps to show that Canada is different from other world leaders that have engaged in genocide. That worries me about whether Canada has the political will to do the substantive work, not the cherry picking on the outside with the easy recommendations, but the real hard work of ending genocide in Canada.

SHARMINI PERIES All right. Let’s talk a little bit about the sweeping recommendations that the panel made in this report. Give us some highlights of what that looks like.

DR. PAMELA PALMATER Well, what I really like about this report is that they tie their findings to the recommendations in a very, very specific way. So, for example, you know they’re finding about genocide. You know, they also came to the conclusion that the judicial system has failed to hold Canada to account. They want to make changes to Canada’s judicial system and to empower First Nations; for example, to have their own laws, their own systems, and their own policing to account for what Canada’s not doing. They also came to the conclusion that one of the root causes of why we have this genocide in Canada is because Canada not only fails to uphold the basic human rights of Indigenous women and girls, but they purposely breach it so state actors— like police officials who engage in sexualized violence against Indigenous women and girls, or participate in human trafficking, child porn rings, all of those things. State actors involved in it, haven’t been held to account.

So, one of their recommendations is, of course, that not only domestic human rights be upheld for Indigenous women and girls, but all of the international mechanisms that Canada has signed onto, and that moving forward, it has to be on a human rights framework. That is completely significant and then there’s ones that, you know, you would think, why haven’t they done this before? They said another one of the root causes is the sex discrimination in the Indian Act that excludes Indigenous women and children from membership in their home communities. This entitles them to treaty rights and critical social programs. They’re saying, you need to get rid of sex discrimination in the Indian Act. Well, that should be a no-brainer because Canada has, like, hundreds of equality laws, human rights laws, multiculturalism policies, sex equality— except for Indigenous women and girls, so they have an opportunity. They could literally change that law tomorrow. That would be an easy thing to do. It’s a no-brainer thing to do, but Canada’s been very resistant even to take those small steps to address the crisis. But what I like about the report is that they tie their findings to these recommendations and show, you know, even though this is comprehensive and large-scale, there’s lots of things we can do in a staged approach.

SHARMINI PERIES All right. Now, speaking of a staged approach, I know when these kinds of reports come out, there’s a lot of fanfare and recognition and so on, even in Justin Trudeau’s words there. He says it will not be swept under the carpet or gathering dust, he says. Now, my experience of having done the Commission on Systemic Racism in the Criminal Justice System in Canada, and I served as the Executive Director, the report was shelved. Nobody took a look at it, you know, years later. I think it might be in some law libraries, but that’s about it. [laughs] So, Pamela, how do you plan to actually do further education, take this report on the road? I know you’re speaking at UBC today right after this interview, but we have to keep it alive. How do you plan to do that?

DR. PAMELA PALMATER Well, I mean, you’ve hit the nail on the head. I mean, every other commission and inquiry we’ve had before, be it large-scale or local, the recommendations sit there. They gather. We now have thousands of recommendations. And like I said before, the governments, if they even look at it at all, cherry pick around the outside for the easy things to do— superficial, not substantive. And so, what we’re saying is, you know, let’s use what got us to this point to force Canada to move forward and actually implement these recommendations. So, keep up with the public education. Keep up with the international pressure. We really do think that, you know, the international voice is extremely important in all of this. And so, we need to break it up into pieces that make it easier for both Canadians to understand and support us, but also, the younger generation.

I mean, part of my plan is to continue to use things like YouTube, blogs, podcasting, and community-based events to really talk about, here’s what everybody can do to force governments, to put pressure on governments, to make sure that this stops because we’re not even talking about a historical event, and that’s another misunderstanding. We’re not talking about a genocide from 200 years ago. We’re talking about ongoing, so all of the lives of these women and girls are still very much at risk, and we need to act now. I think the main message is, the reason why it was so important to call it genocide is because we need a national emergency-coordinated action plan to address it at that same level. And so, we’re hoping, you know, with this election coming up, that all parties will make that a focus of their platforms going forward, and that Canadians won’t let them do anything but be held accountable.

SHARMINI PERIES And, Pamela, we’ll certainly play our role as the media in keeping that alive and keeping the recommendations of this report very much on the surface. We’d love to have you back to do that, so thank you so much for joining us today.

DR. PAMELA PALMATER Thank you. The media is an important partner.

SHARMINI PERIES And thank you for joining us here on The Real News Network.

 

UPDATE 21. 06. 2019: Across the border in the USA:
Feds Show Up Unprepared For Hearing On Murdered And Missing Native Women
Justice Department and Bureau of Indian Affairs officials couldn't take a position on any of the Senate bills addressing this crisis.