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INTERIM REPORT

THE NATIONAL INQUIRY INTO MISSING


AND MURDERED INDIGENOUS WOMEN AND GIRLS

Our Women and Girls


A RE SACR E D
INTERIM REPORT

Our Women and Girls


A
ARREESACR
SAC ERE
DD
INTERIM REPORT
THE NATIONAL INQUIRY INTO MISSING
AND MURDERED INDIGENOUS WOMEN AND GIRLS

Our Women and Girls


ARE SAC R E D
Her Majesty the Queen in Right of Canada (2017)
All rights reserved

All requests for permission to reproduce this document or any part


thereof shall be addressed to the Privy Council Office.

Cette publication est galement disponible en franais :


Nos femmes et nos filles sont sacres : rapport provisoire de lenqute
nationale sur les femmes et les filles autochtones disparues et assassines

CP32-163/1-2017E-PDF
ISBN : 978-0-660-09755-8

COVER IMAGE:
Eagles Gift: Maxine Noel ~ IOYAN MANI
Image file courtesy of Canadian Art Prints
TA B L E O F C O N T E N T S

MESSAGE FROM THE COMMISSIONERS | 1

CHAPTER 1: REMEMBERING WHY WERE HERE | 3


T he vision and mission of the National Inquir y | 4
Our vision | 4
Our mission | 5
T he critical need for a National Inquir y | 7
T he foundation of the National Inquir y | 9
The final reports of the Aboriginal Justice Inquiry (1991) and the
Aboriginal Justice Implementation Commission (2001) | 9
The report of the Royal Commission on Aboriginal Peoples (1996) | 10
The final report of the Truth and Reconciliation Commission of Canada (2015) | 12
Violence against Indigenous women and girls | 12
Expanding the foundation | 13

C H A P T E R 2 : O U R S T O R Y B E G I N S | 15
H o w w a s t h e N a t i o n a l I n q u i r y e s t ab l i s h e d ? | 1 5
W h a t i s t h e N a t i o n a l I n q u i r y s m a n d a t e? | 19
The mandate of the National Inquiry | 19
The scope of the National Inquiry | 20
The powers and limitations of the National Inquiry | 21
H o w a r e w e i m p l e m e n t i n g t h e N a t i o n a l I n q u i r y s m a n d a t e? | 2 2
A trauma-informed approach | 22
A decolonizing approach | 22
A families-first approach | 24
How is t he National Inquir y structured? | 24
C H A P T E R 3 : O U R S T O R Y B U I L D S | 29
W hat have we learned from the pre-Inquir y process? | 29
W hat have we learned f rom our adv isor y meetings? | 30
W hat have we learned from previous reports? | 32
Canadian reports concerning violence against Indigenous women | 35
International reports concerning violence against
Indigenous women and girls in Canada | 36
A police report concerning violence against Indigenous women in Canada | 37
What these and other reports have in common | 37
Recommendation themes | 39
Preliminar y conclusions | 53

C H A P T E R 4 : O U R S T O R Y U N F O L D S | 57
T he Truth- Gathering Process | 5 7
Community Hearings | 58
Institutional Hearings | 60
Expert Hearings | 60
Standing | 63
Respecting protocols, symbols, and ceremonies | 63
Opening the process | 65
T he paths of Inquir y | 69
Research Plan and the Paths of Inquiry | 69
Ethics and consent | 70
C o m m e m o r a t i o n , a r t , a n d e du c a t i o n | 7 0
Documenting public information and commemoration | 71
Art and the Legacy Archive | 71
Engaging, educating, and learning from our youth | 72
T he challenge of doing things dif ferently | 7 2

C H A P T E R 5 : O U R S T O R Y C O N T I N U E S | 77
Looking to the f uture | 7 7
Recommendations and action | 78
Building on the many previous findings and recommendations | 78
Calls for immediate action | 80
National Inquiry procedural recommendations | 81
Mov ing for ward | 82

APPENDICES
Appendix A: Lexicon Excerpts | 83
Appendix B: How to Participate in the National Inquiry | 86
Appendix C: Call for Artistic Submissions | 88

BIBLIOGRAPHY | 90

NOTES | 100

S OU RC E S F OR M AT E R I A L I N T E X T B OX E S | 1 1 2
As Commissioners, we acknowledge and honour the memory of all Indigenous women and
girlsincluding those who are Two-Spirit, lesbian, gay, heterosexual, bisexual, transgender,
queer, or non-binary, and those with disabilities or special needswho are missing or who
have lost their lives to violence.
We acknowledge and honour the family members of these women and girls. We have been
truly humbled by your courage, strength, and resilience, especially as you tell us about your
grandmothers, wives, mothers, daughters, aunties, nieces, cousins, and close friendspeople
you hold close in your hearts every single day. We cannot know what contributions your loved
ones would have made if they had been able to live in peace. But we do know that families,
communities, Indigenous Nations, and all of Canada are so much poorer for their loss.
We acknowledge and honour the courage, strength, and resilience of survivors of violence.
Many of you are still experiencing trauma or violence. Yet you still choose to share stories
that have deeply affected you, your families, and your communities.
We keep all of these stories at the heart of our work. We know that you are entrusting us with
a sacred responsibility, and we will work hard to prove worthy of your trust. We will continue
to work alongside you to ensure that Indigenous women, girls, and LGBTQ2S people can look
to a future where violence is replaced by love and respect and everyone can live a good life.
We acknowledge and honour our partners, the National Family Advisory Council, the
Grandmothers, the Elders, and the Knowledge Keepers, whose wisdom guides us. We
acknowledge and honour Indigenous grassroots leaders, organizations, and their many
allies who fought for so long to make this Inquiry a reality. Thank you for supporting us:
for telling us when we are doing things right and when we need to make changes to do our
work in a better way.
There is no doubt that the loss of Indigenous women and girls to all forms of violence is
a national tragedy. It has traumatized generations of families, and it will continue to
traumatize communities if we do not commit to action and change.
Shining a light on all the causes of violence, murders, and disappearances is a daunting task. But
it is a necessary one. We are exposing hard truths about the devastating impacts of colonization,
racism and sexismaspects of Canada that many Canadians are reluctant to accept.
In the face of violence suffered since colonization began, Indigenous women in Canada
remain determined to reclaim their identities, cultures, languages, and land. They are taking
their rightful place in their communities and Nations, and we are ready to support them.
This is our collective responsibility to future generations. We can and must act together to
create a better future for our women and girls.

Chief Commissioner Marion Buller, Commissioner Michle Audette,


Commissioner Brian Eyolfson, and Commissioner Qajaq Robinson
02

That is what I am looking for


not for my sister-in-law now,
because no one can harm her,
but that my daughter, my grand-
daughter, my great-granddaughters
can walk the streets in safety,
my nieces, that no harm can
come to them. We must stand
up for justice for these women
that have walked before us.
FR ANCES NEUM ANN, ON THE MURDER OF HER
S I S T E R - I N - L AW, M A R Y J O H N S . F R O M T H E N A T I O N A L I N Q U I R Y S
C O M M U N I T Y H E A R I N G I N W H I T E H O R S E , M A Y 3 0 , 2 0 1 7.
OUR WOME N AN D GIR LS A RE SAC R ED

CHAPTER 1

Remembering
WHY WERE HERE

The interim report of the National Inquiry into In all that we do, we are guided by the National
Missing and Murdered Indigenous Women and Inquirys overarching principlethat our
Girls (the National Inquiry) is many things. Its women and girls are sacred. This informs our
the story of the many family members, friends, vision: helping Indigenous women and girls
and grassroots citizens who are still calling for reclaim their power and place. We have listened
an end to the violence being perpetrated against to families and survivors to better understand
Indigenous women and girls. It acknowledges what we werent hearing before, and how we
where weve come from, and considers where we must go about our work moving forward.
are going. Its an opportunity to reflect on what
We have considered previous reports and rec-
we know and to shine a light into dark corners.
ommendations so that we can better understand
With all the information we have, we still dont common themes, but also what hasnt yet been
know how many Indigenous women and girls are said. We also have considered what actions have
missing or have been murdered. We dont know been recommended, and how those recommen-
what happened to many of them, or how to make dations have or have not been implemented.
I NTE R I M R EP O RT

sure we dont lose any more Indigenous women


At the end of this interim report, we make
and girls to violence. We need to understand
some recommendations that can be imple-
how social structures and laws have so devalued
mented immediately. Some issues, like the
the lives of Indigenous women and girls.
urgent need for healing and commemoration,
We need to better understand all of these dont require more research. We also make
M M I W G N AT I O N AL I N Q U I RY

issues to create change. This wont happen recommendations to address some of our
immediately. But the National Inquiry will procedural challenges. These challenges are
build on the (often grassroots) efforts that have significantly hurting the National Inquirys
brought us to where we are today. We will expand ability to do its work in the best way possible.
those foundations further so that Indigenous
women and girls can feel safe and valued in every
family, community, and Nation in Canada.
04

THE VISION
AND MISSION OF THE
HOW DO
NATIONAL INQUIRY WE DEFINE
VIOLENCE?
OUR VISION
Our vision for the National Inquiry is to build
a foundation that allows Indigenous women T he Wor l d He alt h Or ganiz at ion
and girls to reclaim their power and place.1 def ines viol ence as:

Indigenous women and Two-Spirit people THE INTENTIONAL USE OF


have traditionally been revered as life-givers
PHYSICAL FORCE OR POWER,
and caregivers. This is why we say our
T HR E AT ENED OR AC T UA L ,
women and girls are sacred. But Indigenous
A G A I N S T O N E S E L F, A N O T H E R
women and girls, including those who are
LGBTQ2S, continue to be devalued. All too PERSON, OR AGAINST A GROUP
many become the victims of violence. O R C O M M U N I T Y, T H A T E I T H E R
R E SULT S IN OR H A S A HIGH
Many Indigenous women and girls survive,
L IK EL IHOOD OF R E SULT ING IN
but some do not. The National Inquiry is an
I N J U R Y, D E A T H , P S Y C H O L O G I C A L
opportunity to honour those women and
HARM, MALDEVELOPMENT
girls and to allow their family members
to share their stories on their behalf. OR DE P R I VAT ION.

Those who do survive often face continuing vio- T his incl udes viol ence be t ween
lence, racism, and discrimination day after day. peopl e, sel f-dir ec t ed viol ence
(suicide or sel f-har m), and
Indigenous women and girls bring many
ar med conf l ic t . I
gifts to the conversation on resilience,
resurgence, and reconciliation. Some women T he Nat ional Inquir y al so ex pands
are Grandmothers and Elders who carry t his def init ion of viol ence t o
sacred stories, laws, and ceremonies for future incl ude col onial , cult ur al , and
generations. Others are warriors who continue ins t it u t ional ized viol ence. T his
to speak for the silenced. Some are healers is consis t ent w it h our Ter ms of
who draw on their own spiritual traditions, Ref er ence and our companion Or der s
knowledge, and medicines to help those in Council and A dminis t r at ive Decr ee.
who are hurting. Others are educators who
teach Indigenous worldviews, languages,
and histories. Some are peacemakers who
breathe new life into Indigenous laws and
apply these to present-day life. Still others
care for the children in their communities.2
However, their important contributions, past
and present, have been ignored for too long.
These and many other roadblocksincluding
unresolved trauma, being publicly denigrated
or ignored, and continued exclusion from
05

positions of authoritystill prevent women and OUR MISSION


girls from moving forward. However, the fact
To bring this vision to life, the National Inquiry
that this National Inquiry exists proves theyre
has set out on a three-part mission: finding
already reclaiming their power and place.
the truth, honouring the truth, and giving
Because of Indigenous Peoples rich diversity, life to the truth. This is our path to healing.
this reclaiming will look different in different
We will find the truth by gathering many
places. First Nations, Mtis, and Inuit peoples
stories from many people. These truths will weave
each have their own distinct cultures, lan-
together to show us what violence really looks
guages, and ways of life. Their communities
like for Indigenous women and girls in Canada.
have their own distinct political, legal, social,
cultural, and economic systems. Because of The work of the National Inquiry is not to hear
this, there can be no one-size-fits-all, pan-In- one single truth, but many truths. This will
digenous approach. Solutions must instead help us understand the far-reaching effects
be culturally appropriate to First Nations, of violence, as well as solutions to end it.
Mtis, and Inuit women and girls, their
We will gather this information through:
respective communities, and their Nations.
Community Hearings, Institutional
Hearings, and Expert Hearings;
FOR FAR TOO LONG, past and current research;
INDIGENOUS WOMEN AND collaborations with Elders and
GIR L S H AV E BE E N P UBL ICLY Knowledge Keepers; and
DE VA L UE D OR IGNOR E D. forensic analysis of police records.

We will conduct new research to fill gaps in


The Truth and Reconciliation Commission
what we know and to address emerging issues
taught us that without truth, healing, and
of concern.
justice, there can be no reconciliation.3 While
our focus is often on healing, genuine healing Our research is rooted in Indigenous meth-
isnt possible without truth and justicefor odology. Its governed by traditional laws and
Indigenous women and girls who are still ethics that affirm the resistance and resurgence
suffering, for families and friends who have of Indigenous women and girls, including
lost loved ones, for Indigenous communities LGBTQ2S people. Indigenous womens experi-
missing those loved ones wisdom, and for ences will guide our truth every step of the way.
Canadians who must stand together with
We will honour the truth through public
Indigenous people to effect real change.
education. For far too long, Indigenous
I NTE R I M R EP O RT

Reclaiming power and place is how the women and girls have been publicly devalued
National Inquiry plans to fulfill that com- or ignored. Peoples general perceptions have
mitment to truth, healing, and justice for been shaped by harmful colonial stereotypes.
Indigenous women and girls. In this way, the People forget that every Indigenous woman
National Inquiry will help fill a critical gap or girlno matter how she died or what she
in Canadas broader reconciliation process, had been throughhad an inherent strength
M M I W G N AT I O N AL I N Q U I RY

as all of us move towards a better life. and sacred worth. We need to transform
the national conversation about Indigenous
women, girls, and LGBTQ2S people. To
build a strong foundation for healing, justice,
The issue of missing and murdered
Indigenous women is an ongoing, painful
issue for the Indigenous community that
needs resolution in order for us to be able
to move forward with a better relationship
in this country. Those families that have
lost women to violenceneed to have some
answers because they will be unwilling to
engage in dialogues around reconciliation
until that issue is addressedThese families
are hurting and because theyre hurting,
other people around them are going to be
hurting. And the Canadian public, I think,
should feel that theyre hurting as well.
People in Canada who understand the
importance of not losing a child to violence
should be front and centre with the people
who have lost the childrenin these cases,
the daughters, the mothers, the nieces. We
should be standing up with them and saying
we need to know what happened and we
need to make sure this never
happens again.

SENATOR MURR AY SINCLAIR , FORMER CHAIR OF THE TRUTH


A N D R E C O N C I L I A T I O N C O M M I S S I O N O F C A N A D A II
07

and reconciliation, governments and insti- THE CRITICAL NEED


tutions must change. So must our societys FOR A NATIONAL INQUIRY
attitudes and understanding of the issue.
No one knows for sure how many In-
This public education begins by creating op-
digenous women and girls have been
portunities for family members and survivors
murdered or gone missing in Canada.
to share their truths. It continues as Canadians
learn more about Indigenous women, girls, and The Native Womens Association of Canada
LGBTQ2S people. Indigenous and non-Indige- (NWAC) created a database tracking these
nous people will have the opportunity to learn cases in 2005, and its 2010 report was the
about Indigenous womens rightful power and first to put a number to the missing and
place: their historical and present-day roles, murdered582.4 As part of her 2013 doc-
their leadership, and what they have to contrib- toral thesis, Dr. Maryanne Pearce created
ute. Many of these learning opportunities will a database that identified 824 missing or
take place through the Community, Institu- murdered Indigenous women between
tional, and Expert Hearings. We will further 1946 and 2013.5 That number grew to
honour the truth in our findings, recommenda- almost 1,200 between 1980 and 2012 with
tions, and reports, and other public education the RCMPs 2014 National Overview.6
materials. As much as possible, our information
However, how police services identify who
will be published in different audio, visual, and
is Indigenous, or who is murdered and
paper formats to make them widely accessible.
missing, is not the same across Canada.
We will give life to the truth by creating Because of difficulties with the data behind
a living legacy through commemoration the statistics, definitions and identification,
and artistic expressions. Everyone affected and errors in reporting, the real number of
by this issue will have the opportunity missing and murdered Indigenous women
to participate in the National Inquiry by and girls is likely much higher.7 But even
submitting an artistic response in whatever with these concerns, the general consensus
medium they choose. This will help create a is that the numbers are staggering.
new public record of history that centres on
These numbers are even more devastating
Indigenous women and girls experiences.
when we consider that Indigenous women
Together with family members and commu- and girls make up only 4% percent of
nities, we will make recommendations on the female population in Canada.8
the best ways to commemorate and honour
According to Statistics Canada, 9% of female
those we have lost. Public commemoration is
homicide victims in 1980 were Indigenous.
a powerful way to make sure that survivors
By 2015, Indigenous women made up nearly
are acknowledged for the suffering they have
I NTE R I M R EP O RT

one-quarter (24%) of homicide victims in


endured. It also ensures that families can
Canada. The same report shows that while ho-
let Canada know that their loved ones were
micide rates for non-Indigenous women have
cherished human beings who are still missed.
gone down over the decades, homicide rates
Most importantly, we will give life to the truth for Indigenous women have been going up.9
by teaching and learning from our children
The likelihood of violent death is significantly
M M I W G N AT I O N AL I N Q U I RY

and youth. We need to give them the best


higher for Indigenous than for non-Indige-
possible supports now, and help them build a
nous women. Using 2011 population estimates
safer, stronger foundation for their future.
and an updated version of Dr. Maryanne
Pearces database (July 5, 2016), Dr. Tracy
Peter calculates that Indigenous women
08

are 12 times more likely to be murdered or


missing than any other women in Canada, WHAT IS
and 16 times more likely than Caucasian COLONIALISM/
COLONIZATION?
women. In Manitoba and Saskatchewan,
they are 19 times more likely than Caucasian
women to be murdered or missing.10
The violence in Canada extends beyond
missing and murdered: Col onial ism is t he at t emp t ed
or ac t ual imposit ion of pol icies,
Indigenous women are physically
l aws, mor es, economies, cult ur es
assaulted, sexually assaulted, or robbed
or sys t ems and ins t it u t ions pu t
almost three times as often as non-
in pl ace by se t t l er gover nment s
Indigenous women.11 Even when all
t o suppor t and cont inue t he
other risk factors are taken into account,
occupat ion of Indigenous t er r it or ies,
Indigenous women still experience more
t he subjugat ion of Indigenous
violent victimization. Simply being
Nat ions, and t he r esult ing
Indigenous and female is a risk.12
int er nal ized and ex t er nal ized
Indigenous women experience intimate
t hought pat t er ns t hat suppor t
partner violence more frequently, and
t his occupat ion and subjugat ion.
more severely, than do non-Indigenous
women.13 More often (52% versus 31%) Col onial ism is t he ideol og y
Indigenous women in these situations ad voc at ing col oniz at ion.
fear for their lives.14 Col oniz at ion gener al ly r ef er s t o
Indigenous women are roughly seven t he pr oces s by w hich Eur ope ans
times more likely than non-Indigenous invaded and occupied Indigenous
women to be murdered by serial killers.15 nat ional t er r it or ies .
Indigenous women continue to be vastly
overrepresented in prison; in Manitoba, HOW DOES COLONIAL VIOLENCE
they made up 86% of women admitted to IMPACT INDIGENOUS WOMEN,
prison in 2014/2015, but only 14% of the GIRLS, AND LGBTQ2S
general female population.16 P E O P L E D I F F E R E N T LY ?
While Statistics Canada does not have
Dr. S ar ah Hunt s ays: Col onial ism
data on Indigenous LGBTQ2S women,
r el ies on t he w idespr e ad
girls, or non-binary people, it did report
dehumaniz at ion of al l Indigenous
that people who identified as lesbian,
peopl e our chil dr en, t wo - spir it s,
gay, or bisexual are violently victimized
men and women so col onial viol ence
nearly five times as often as people who
coul d be under s t ood t o impac t al l of
identified as heterosexual.17
us at t he l evel of our denied humanit y.
According to the 2008/10 First Nations
Ye t t his dehumaniz at ion is f elt mos t
Regional Health Survey, 17.3% of on-
acu t ely in t he bodies of Indigenous
reserve First Nations girls in Canada
gir l s, women, t wo - spir it and
(aged 1214) had thoughts of suicide at
t r ansgender peopl e, as physic al and
some point in their life. By ages 1517,
sex ual viol ence agains t us cont inues
that number rose to 27%, and 9.1% had
t o be accep t ed as nor mal . III
made suicide attempts.18 The completion
rate for suicide among Indigenous teens
in Canada is four to five times higher
than for non-Indigenous youth.19
09

The final reports of the Aboriginal Justice


These numbers compel all Canadians to Inquiry (1991) and the Aboriginal Justice
face difficult truths. Indigenous women and Implementation Commission (2001).
girls, including LGBTQ2S people, areto an The Aboriginal Justice Inquiry of Manitoba
unconscionable degreemore vulnerable to (AJI) was established in 1988 to inquire into
violence. And yet, despite a long history of the circumstances surrounding the murder
voices calling for an end to violence against of a young Indigenous woman, Helen Betty
Indigenous women, they have been system- Osborne, and the shooting death of Indigenous
ically devalued to the point we see today. leader J.J. Harper by the Winnipeg police.
The statistics paint a dark picture, but theyre Beyond these two specific cases, the AJI was
not the whole story. This is why we cant work also mandated to examine the relationship
only towards an absence of violence, but between the Aboriginal Peoples of Manitoba
also towards the fulfillment of Indigenous and the justice system.20 Its findings specifically
womens valued place in societya true pointed back to the statenot just identifying
transformational change, rather than a quick- needed improvements to the provincial
fix or one-size-fits-all solution. We need to justice system, but calling for the recognition
consider actions for foundational change. of land and Treaty rights and Indigenous
self-determination.21 At the end of the inquiry,
the AJI declared that it is not merely that the
THE FOUNDATION OF justice system has failed Aboriginal people;
THE NATIONAL INQUIRY justice also has been denied to them.22

Other major inquiries have examined the The AJI report spanned hundreds of pages,
inherent violence in the colonial relationship and contained almost 300 recommendations.23
between the Canadian state and Indigenous These were delivered in 1991, but they were
Peoples. Our goal is not to inquire again largely ignored until 1999, when the provincial
into the same issues, but to build on the government established the Aboriginal Justice
knowledge weve inherited from them. This is Implementation Commission (AJIC) to propose
an ethical and moral imperative to make sure concrete measures to implement them.24 The
we move the national conversation forward. AJIC report contained over 100 broad recom-
mendations concerning the justice system,
Three reports in particular have thoroughly law enforcement, Indigenous justice systems,
reviewed the relationship between Indigenous natural resources, the Indian Act, Indigenous
Peoples and the state: the Aboriginal Justice womens welfare, and youth and children.25
Inquiry of Manitoba (1991), the Royal Com-
mission on Aboriginal Peoples (1996), and Some AJI and AJIC recommendations
have been implemented, including a Child
I NTE R I M R EP O RT

the Truth and Reconciliation Commission


of Canada (2015). They clearly determined Welfare Initiative that tried to restructure
that violence against Indigenous Peoples was the provinces child welfare system and have
rooted in colonization. With no fundamental services run by Indigenous-led agencies.
change to the power balance between the Still, in 2016 over 90% of children in care in
state and Indigenous Peoples, the core Manitoba were Indigenous.26 The justice system
relationship between Indigenous Peoples and is fundamentally the same, and any progress
M M I W G N AT I O N AL I N Q U I RY

the Canadian state is still, as it exists today, remains slow.27 In fact, over 25 years later, the
inherently violent. Collectively, the reports criminalization of Indigenous women and
made over 900 recommendations on how to their overrepresentation in the provinces
repair and restore this broken relationship correctional facilities is getting worse.28
through a process of decolonization.
10

The report of the Royal Commission


on Aboriginal Peoples (1996) WHAT IS AN
The Royal Commission on Aboriginal Peoples INDIGENOUS
(RCAP) was established in 1991 to look at the
historical relationship between the Government
NATION?
of Canada and Indigenous Peoples, and to
identify the foundations of a fair and honourable
relationship between the Aboriginal and non-Ab- A N INDIGENOUS N ATION IS
original People of Canada.29 Over five years, the AN INDIGENOUS SOCIET Y
Royal Commission held 178 days of public hear- TH AT H A S IT S OWN DIS TINC T
ings and visited 96 communities.30 Its 4,000-page
POL ITIC A L ORG A NIZ ATION,
final report contained 440 recommendations.
E C O N O M Y, C U L T U R E ,
The Royal Commission on Aboriginal Peoples L A N G U A G E , A N D T E R R I T O R Y.
concluded that Canadas main policy direction,
E ar ly Tr e at ies be t ween Indigenous
based on over 150 years of colonization, was
P eopl es and Eur ope an nat ions
wrong.31 They found that government after
ack now l edged t his nat ionhood,
government used its power to try to assimilate
and made Tr e at ies based on a
Indigenous people into Canadian society.
nat ion-t o -nat ion r el at ionship.
By doing so, they would be eliminated as
distinct Peoples. However, t he C anadian f eder al
gover nment imposed new col onial
RCAP traced this abuse of power back to four
pol icies ( par t icul ar ly t hr ough
false assumptions:
t he Indian Act) t hat f r ac t ur ed and
1. That Indigenous Peoples were incapable displ aced Indigenous Nat ions . T his
of governing themselves; was done int ent ional ly t o speed
2. That Treaties and other agreements could up t he pr oces s of as simil at ion
be freely ignored; and t he annihil at ion of Indigenous
3. That because Indigenous Peoples were Nat ions as dis t inc t ent it ies .
incapable of governing themselves, W hil e many Indigenous Nat ions
decisions could be made for them without t oday ar e s t il l in t he pr oces s of
their involvement or consent; and r ecl aiming and r econs t r uc t ing t heir
4. That concepts of development or nat ionhood, al l Indigenous Nat ions,
progress could be defined only according (or P eopl es in t he c ase of t he Inuit ),
to Western values and principles.32 have t he r ight t o a r el at ionship
w it h C anada on a Nat ion-t o -Nat ion, or
RCAP argued that the fact that Canadian gover nment-t o -gover nment , basis . IV
governments no longer endorsed these false
assumptions didnt lessen their impact on
Indigenous people.33
While many Canadians accept RCAPs central
conclusion, they may not be so welcoming of
its recommendations: that this country needs
to rebalance the political and economic power
between Indigenous Peoples and other Cana-
dian governments. This includes reconstituting
Indigenous Nations that have been divided by
policy and legislation, and reallocating
resources and land.34
11

For over a century,


the central goals of Canadas
Aboriginal policy were to eliminate
Aboriginal governments; ignore
Aboriginal rights; terminate the
Treaties; and, through a process
of assimilation, cause Aboriginal
peoples to cease to exist as distinct
legal, social, cultural, religious, and
racial entities in Canada.
The establishment and operation
of residential schools were a
central element of this policy,
which can best be described
as cultural genocide.
EXECUTIVE SUMMARY OF THE FINAL REPORT OF THE
T RU T H A N D R ECONC IL I AT ION COM M IS SION V
12

In the twenty years since the release of RCAPs Indigenous women, although not in detail
final report, little has changed. Indigenous or through a specifically gendered lens.
Nations remain fractured and not enough
According to the AJI report, the police and
has been invested to meet Indigenous
justice systems have tended to be unre-
Peoples basic needs or to close widening
sponsive to the distinct needs of Indigenous
socio-economic gaps. While governments
women and have been unable to adequately
have made some efforts to honour Treaties
protect them from violence or hold per-
and Indigenous Peoples self-determination,
petrators to account. These factors enable
there have also been serious setbacks.35
violence against Indigenous women.41
RCAP found that the stereotyping and devalu-
The final report of the Truth ing of Aboriginal women, a combination of rac-
and Reconciliation Commission ism and sexism, are among the most damaging
of Canada (2015) of attitudes that find expression in Canadian
society.42 Indigenous women told the Com-
The Truth and Reconciliation Commission of
mission that although they had been calling
Canada (TRC) was established in 2008 as part
for holistic healing for their children, families,
of the Indian Residential Schools Settlement
and communities, they were too often excluded
Agreement. It took seven years to complete.
from decision-making on these issues. RCAP
The Commissioners travelled extensively to
recommended that: As Aboriginal peoples
communities throughout the country, held
develop and implement self-government, the
seven National Events, and gathered statements
perspectives of Aboriginal women must guide
from over 6,000 witnesses. Their 2015 Final
them they have a critical role in providing
Report spanned more than 4,000 pages.36
leadership at the community and nation level.43
Building on RCAP, the TRC sought to redress
the legacy of residential schools and advance
the process of Canadian reconciliation.37 It INDIGENOUS WOMEN TOLD THE
concluded that Canadas overarching policy COMMIS SION T H AT A LT HOUGH
of assimilation towards Indigenous Peoples THEY HAD BEEN CALLING FOR
amounted to cultural genocide.38 Reconciliation HOLISTIC HEALING FOR THEIR
between Indigenous and non-Indigenous peo- CHILDREN, FAMILIES, AND
ple required a transformational change in their COMMUNITIES, THEY WERE TOO
relationship, moving from one based on cultur- OF TEN EXCLUDED FROM DECISION-
al genocide to one based on mutual respect.39 MAKING ON THESE ISSUES.

The TRC issued 94 Calls to Action. To date,


several jurisdictions across Canada have said
that theyre committed to implementing the The TRCs Legacy volume points to Canadas
TRC Calls to Action.40 However, it is too early sweeping history44 of violence against
to assess the success of these specific initiatives. Indigenous women and girls. While the TRC
only briefly discussed Two-Spirit people, it
did find that Two-Spirit people in residential
Violence against schools were particularly vulnerable to violence
Indigenous women and girls and abuse. One Two-Spirit Survivor told
the Commission that he was one of the few
All three of these major reports on the
who had survived. Many other Two-Spirit
relationship between Indigenous Peoples and
people who left residential school went
the Canadian state also examined individ-
to the streets or were lost to suicide.45
ual and systemic forms of violence against
13

Expanding the foundation Indigenous people who reject the gender binary
altogether. All of these people offer important
All three reports concluded that the solutions to
perspectives on what will keep them safe.
ending this violence must be led by self-deter-
mining Indigenous people, communities, and Colonization had devastating impacts on all
Nations. They recognized that this will require Indigenous Peoples, but the experiences of First
transformational change to the core relation- Nations, Inuit, and Mtis women and girls, as
ship between Canada and Indigenous Peoples. well as Indigenous peoples who dont identify
just as male or female, are distinct in some
The National Inquiry will build upon the
respects from those of men and boys. Building
central conclusion of the Aboriginal Justice
on these reports and centring female perspec-
Inquiry, the Royal Commission on Aboriginal
tives allows us to reframe the way we look at
Peoples, and the Truth and Reconciliation
Indigenous women and girls. They are not only
Commission of Canada: that violence against
victims or survivors of colonial violence, but
Indigenous Peoples, including Indigenous
holders of inherent, constitutional, Treaty, and
women and girls, is rooted in colonization.
human rights that are still being violated. 46
For the violence against Indigenous women
and girls to end, the ongoing colonial By using a framework that is decolonizing,
relationship that facilitates it must end. culturally specific, gender relevant, and
rights based, we will add Indigenous womens
The AJI, RCAP, and the TRC all applied an
unique voices to those of the Aboriginal
Indigenous lens to their work. However,
Justice Inquiry, the Royal Commission
this National Inquiry will examine issue of
on Aboriginal Peoples, and the Truth and
violence through the eyes of First Nations,
Reconciliation Commission of Canada in
Inuit, and Mtis womenincluding young
the search for truth, healing, and justice.
women, trans women, urban and rural
women, women with disabilities, women
who offend, women who love women, and
14

All I want is a visit with my mom, to


hear her voice, to get a reassuring
hug, and to feel the love of a parent.
These are my thoughts as a child
of a murdered Indigenous woman.
The National Inquiry cant bring
my mom back or any of the other
murdered women, but please give us
the answers and closures to these
devastating events that took place in
our life. Its time to place our women
and our girls back on their pedestal,
to protect them, to love them, and
tell them that theyre our everything.
S H A U N L A D U E , S O N O F J A N E D I C K- L A D U E , M U R D E R E D
IN 19 70 . F ROM T HE NAT IONA L INQU IRY S COM MU N I T Y
H E A R I N G I N W H I T E H O R S E , J U N E 1 , 2 0 1 7.
OUR WOME N AN D GIR LS A RE SAC R ED

CHAPTER 2

Our Story
BEGINS

HOW WAS THE NATIONAL Many high-profile cases have helped to put fac-
INQUIRY ESTABLISHED? es and names to the statistics. These include In-
digenous women from Vancouvers Downtown
While the National Inquiry began its work Eastside murdered by Robert Pickton and the
only in September 2016, there has been a Indigenous women murdered or missing along
long history of voices calling for its creation Highway 16 between Prince George and Prince
and raising awareness of the issue of violence Rupert, now known as the Highway of Tears.
against Indigenous women.
In 2013, Canadas provincial and territorial
After NWACs 2010 report was released, the premiers supported Indigenous leaders call
Assembly of First Nations, the Mtis National for a national inquiry.1 Later that year, James
Council, and the Inuit Tapiriit Kanatami Anaya, the United Nations special rapporteur
added their voices to the call for an inquiry. on the rights of Indigenous people, called on
I NTE R I M R EP O RT

Legal, social justice, and human rights the federal government to launch a compre-
organizations and associations came out in hensive and nationwide inquiry into the issue.2
support as well, including the Canadian Bar
Activists organized marches, vigils, and
Association, the Womens Legal Education
public awareness events, and used art,
and Action Fund (LEAF), Lawyers Rights
mass media, and social media to draw
Watch Canada, the British Columbia Con-
national and international attention to the
M M I W G N AT I O N AL I N Q U I RY

vention on the Elimination of all Forms of


issue. Their efforts resulted in all ten of
Discrimination Against Women (CEDAW)
Canadas provincial premiers supporting
Group, the Feminist Alliance for International
the call for a national inquiry in 2013.3
Action, the International Womens Rights
Project, and the Legal Strategy Coalition on
Violence Against Indigenous Women (LSC).
17

Some lived to tell their stories. In 2014,


Marlene Bird was violently assaulted and NATIONAL
set on fire in Prince Albert, Saskatchewan. INQUIRY
MANDATE
Sixteen-year-old Rinelle Harper was assault-
ed, beaten, and left for dead on the banks
of the Assiniboine River in Winnipeg.
Others did not survive, but their names, images,
and stories have left a lasting impact. Loretta UNDER THE TERMS OF
Saunders was brutally murdered in Halifax in R EFER ENCE , THE N ATION A L
2014. Tina Fontaine was assaulted and murdered INQUIRY INTO MISSING AND
in Winnipeg that same year. These cases led MURDERED INDIGENOUS WOMEN
to increased media coverage of murdered and
A ND GIR L S IS M A NDAT ED T O
missing Indigenous women and girls, including
INQUIRE INTO AND REPORT ON:
initiatives such as the CBCs Unresolved database
(launched in 2016). This site provides informa- sys t emic c auses of al l f or ms
tion on the lives of Indigenous women whose of viol ence incl uding
deaths have never been satisfactorily resolved.4 sex ual viol ence agains t
Indigenous women and gir l s in
When the Truth and Reconciliation Com-
C anada, incl uding under ly ing
mission released its Calls to Action in 2015,
social , economic, cult ur al ,
Call #41 identified the need for a public
ins t it u t ional , and his t or ic al
inquiry into the causes of, and remedies
c auses cont r ibu t ing t o t he
for, the disproportionate victimization of
ongoing viol ence and par t icul ar
Indigenous women and girls.5 This call,
v ul ner abil it ies of Indigenous
combined with growing public awareness and
women and gir l s in C anada;
advocacy efforts across Canada, increased
pressure on the federal government to act. ins t it u t ional pol icies and pr ac t ices
impl ement ed in r esponse t o
On December 8, 2015, the Government of
viol ence ex per ienced by Indigenous
Canada announced that it would establish an
women and gir l s in C anada,
independent national inquiry to investigate the
incl uding t he ident if ic at ion and
high number of missing and murdered Indige-
ex aminat ion of pr ac t ices t hat
nous women and girls. Three federal ministers
have been ef f ec t ive in r educing
led a pre-inquiry engagement process, from
viol ence and incr e asing s af e t y;
December 2015 to spring 2016, through
which they invited community input into the
design and scope of the national inquiry. AND TO MAKE
I NTE R I M R EP O RT

R ECOMMENDATIONS ON:
On August 3, 2016, the federal government
released the inquirys Terms of Reference concr e t e and ef f ec t ive ac t ion
and appointed five commissioners to lead the t hat c an be t aken t o r emove
sys t emic c auses of viol ence and t o
incr e ase t he s af e t y of Indigenous
M M I W G N AT I O N AL I N Q U I RY

women and gir l s in C anada; and


P H O T O : Vigil for Tina Fontaine and Faron Hall, two
ways t o honour and
Indigenous people whose bodies were recovered from
the Red River in August 2014. The deaths were not commemor at e t he mis sing
connected. Fifteen-year-old Fontaine had been murdered. and mur der ed Indigenous
Hall was a local hero, having twice saved people from
drowning in the river. Photo credit: Aime Craft.
women and gir l s in C anada.
18

MEET THE COMMISSIONERS

MARION BULLER MICHLE AUDETTE


CHIEF COMMISSIONER COMMISSIONER
Chief Commissioner The daughter of a
Buller is Cree and Qubecois father
a member of the and an Innu mother,
Mistawasis First Nation Commissioner Audette
in Saskatchewan. In 1994, she became grew up at the confluence of two rich
the first Indigenous woman appointed cultures, which she proudly represents.
as a Provincial Court Judge in British
Commissioner Audette entered politics
Columbia. She retired as a judge in 2016.
at a young age, first as president of the
Chief Commissioner Buller has lectured Qubec Native Womens Association and
and written extensively about Indigenous then as president of the Native Womens
issues and rights. In 2006, she initiated the Association of Canada. She has also worked
First Nations Courts in British Columbia. on Indigenous public policy with Lcole
nationale dadministration publique.

BRIAN EYOLFSON QAJAQ ROBINSON


COMMISSIONER COMMISSIONER
Before his appointment Born in Iqaluit and
to the Inquiry, raised in Igloolik,
Commissioner Eyolfson Commissioner
was an Acting Deputy Robinson is a
Director in the Ontario Ministry of Indigenous strong Northern advocate, who is
Relations and Reconciliation. He was also a fluent in Inuktitut and English.
Vice-Chair of the Human Rights Tribunal
Before her appointment Commissioner
of Ontario between 2007 and 2016.
Robinson worked at the law firm Borden
He represented Aboriginal Legal Services Ladner Gervais LLP as part of a multi-
of Toronto at the Ipperwash Inquiry, disciplinary team of 70 lawyers who do a
and previously served as Counsel to the variety of work throughout the northern
Ontario Human Rights Commission. He is parts of the provinces and in the territories.
a member of Couchiching First Nation. Most recently, she worked as legal counsel
at the Specific Claims Tribunal, travelling to
First Nations communities across Canada
19

WHO DO WE
National Inquiry into Missing and Murdered
Indigenous Women: Chief Commissioner MEAN BY
Marion Buller, Commissioner Michle LGBTQ2S
PEOPLE?
Audette, Commissioner Brian Eyolfson,
Comissioner Qajaq Robinson, and Commis-
sioner Marilyn Poitras (resigned July 2017).
They started officially on September 1, 2016.

There are many possible acronyms that


cover sexual and gender minorities
LGBTQ2S, 2SLBTQ, LGBTQQIP2S A A ,
WHAT IS THE NATIONAL QUILTBAGbut no acronym is per fect .
INQUIRYS MANDATE?
T HE N AT ION A L INQUIRY
The National Inquirys purpose, goals, and HAS CHOSEN TO USE THE
scope are set out in its Terms of Reference. TERM LGBTQ2S TO
G E N E R A L LY R E P R E S E N T
THE MANDATE OF THE PEOPLE WHO ARE LESBIAN,
NATIONAL INQUIRY G A Y, B I S E X U A L , T R A N S G E N D E R ,
Q U E E R , A N D T W O - S P I R I T.
According to these terms, the National Inquiry
must look into and report on the systemic T her e ar e s t il l impor t ant nuances .
causes of all forms of violence against Indige- S ome Indigenous peopl e use Two -
nous women and girls, including sexual vio- Spir it only and r ejec t L GB T Q. S ome
lence. We must examine the underlying social, pr ef er only t he t er m specif ic t o t heir
economic, cultural, institutional, and historical ident it y (e.g. l esbian, t r ansgender,
causes that contribute to the ongoing violence int er sex , asex ual ), w hil e o t her s
and particular vulnerabilities of Indigenous pr ef er t he t er minol og y specif ic t o
women and girls in Canada. The mandate also t heir l anguage, Nat ion, and cult ur e.
directs us to look into and report on existing
Gener al ly, w hen spe ak ing of
institutional policies and practices to address
Indigenous peopl e w ho bel ong t o
violence, including those that are effective
sex ual and gender minor it ies, we w il l
in reducing violence and increasing safety.
use L GB T Q2 S . However, we w il l
The National Inquiry is mandated to report on al so r espec t e ach per sons individual
its findings (called findings of fact) and make pr ef er ence w hen shar ing t heir t r u t hs .
concrete recommendations for ending this
WH AT A BOU T
I NTE R I M R EP O RT

violence through the mandated Interim and


Final Reports. NON-BINARY PEOPLE?
While the formal name of the Inquiry is the S ome Two -Spir it peopl e ident if y
National Inquiry into Missing and Murdered as eit her mal e or f emal e, w hil e
Indigenous Women and Girls, our mandate o t her s ident if y as bo t h, or neit her.
covers all forms of violence. This makes our
B ec ause of t his, t he Nat ional
M M I W G N AT I O N AL I N Q U I RY

mandate very broad.


Inquir y t akes an incl usive view of
By not being limited to investigating only cases gender. We w il l incl ude non-binar y
of Indigenous women who went missing or peopl e ( peopl e w ho woul dnt only
were murdered, we can include women and ident if y as a woman or gir l ) w hen we
girls who died under suspicious circumstances. int er pr e t our mandat e as it r el at es
t o Indigenous women and gir l s .
20

It also means we can address issues such as


sexual assault, child abuse, domestic violence,
bullying and harassment, suicide, and WHAT IS
JURISDICTION?
self-harm. This violence is interconnected,
and can have equally devastating effects.
Expanding the mandate beyond missing
and murdered also creates space for more
survivors to share their stories. They can W hen someone has jur isdic t ion
help us look to the future from a place over a cer t ain ar e a or is sue, t hat
of experience, resilience, and hope. me ans t hey have t he power t o
make decisions on t hat mat t er. For
There is an Inuit Working Group at the
ex ampl e, t he f eder al gover nment
National Inquiry, made up of Inuit staff,
has jur isdic t ion ( is consider ed
which aims to ensure that Inuit perspec-
r esponsibl e f or) pr ogr ams f or
tives are reflected in everything we do.
peopl e w it h Indian S t at us w ho l ive
Indigenous women who are also LGBTQ, on r eser ve. However, pr ovinces and
non-binary, or Two-Spirit, have urged us t er r it or ies have jur isdic t ion over
to specifically include them in the National pr ogr ams f or t he r es t of t he gener al
Inquirys investigation. We have committed popul at ion, incl uding Indigenous
to doing this. In this way, we honour the peopl e w ho dont have s t at us .
roles of Two-Spirit individuals in many
Indigenous communities. This also helps IF THE N ATION A L INQUIRY
fill a critical knowledge gap, as very few DIDN T H AV E JUR I S DIC T ION
previous reports have looked at how violence WITHIN ALL 13 PROVINCES
is different for Indigenous LGBTQ2S people. AND TERRITORIES, WE WOULD
O N LY B E A B L E T O C O M P E L
WITNESSES AND DOCUMENTS
THE SCOPE OF THE
R EL ATED T O FEDER A L PROGR A MS
NATIONAL INQUIRY
DELIVERED IN EACH PROVINCE
We are, in fact, including police services and O R T E R R I T O R Y, B U T N O T O F T H A T
policing practices in the scope of the National
P R O V I N C E O R T E R R I T O R Y I T S E L F.
Inquiry. The Terms of Reference authorize us
to examine the way police have conducted, T he Nat ional Inquir y mus t al so
and continue to conduct, investigations into r espec t t he jur isdic t ion of Indigenous
the cases of missing and murdered Indigenous communit ies and Nat ions .
women and girls. Investigation of police prac-
tices were identified as a priority for the Na-
tional Inquiry since the beginning of our work.
The National Inquiry will also look at other
forms of institutionalized violence beyond
the justice system. This includes child welfare,
treatment in hospitals and prisons, exclusion
from political leadership, systemic discrim-
ination in the law, and daily experiences of
racism and sexism. The National Inquiry has
the power to request and subpoena documents,
when necessary, from police authorities,
21

governments, child welfare agencies, and other inquiries.6 However, as we discuss later on,
institutions. Similarly, we have the power to this model also creates challenges of its own.
compel witnesses to testify and to require
There are some limitations on all public
the production of any document or item we
inquiries. For example, public inquiries
feel is important to fulfilling our mandate.
(including this one), cant resolve individual
Commemoration and public education cases or declare who may be legally at fault.
are also important parts of the National However, the National Inquiry can and will
Inquirys mandate. We must educate the review individual cases that are brought to
broader public on the urgency of this issue, our attention, thanks to survivors and family
while we create a public record and legacy members, in the Community Hearings. We will
that honours Indigenous women and girls. examine police and prosecution files and may
hear from witnesses who participated in those
files. If new information comes to our attention
THE POWERS AND LIMITATIONS that warrants a re-opening of a case or suggests
OF THE NATIONAL INQUIRY there may have been misconduct, we will refer
The National Inquiry into Missing and those matters to the appropriate authorities,
Murdered Indigenous Women and Girls as authorized by our Terms of Reference.
was established under the federal Inquiries
The Legal Team has assembled a forensic
Act, which allows us to conduct the National
police file review committee to examine a
Inquiry independently. This also gives the
sample of police files relating to investiga-
National Inquiry the power to subpoena
tions into reports of missing and murdered
documents or compel witnesses to testify.
Indigenous women and girls. This committee
The National Inquiry into Missing and is a centrepiece of our public investigation.
Murdered Indigenous Women and Girls It will put select police files on missing
is, from a legal perspective, the first truly and murdered women and girls under a
national public inquiry in Canadian history. clinical microscope, provide analysis, and
Rather than simply having an Inquiry with make observations regarding trends that
federal jurisdiction across the country, each may emerge among the practices of various
province and territory issued an Order in police authorities across this country.
Council, Order or Administrative Decree,
The committee will also examine the recent
based on their own public inquiry jurisdic-
changes that some police authorities have
tion, allowing the National Inquiry to look
brought to the way they approach these
into issues within their jurisdiction. This
investigations, and how these changes are
means that legally there are actually 14 joint
impacting not only the numbers of missing
inquiries happening at the same time: the
and murdered Indigenous women and girls,
I NTE R I M R EP O RT

federal inquiry, plus 13 parallel Inquiries


but also the level of trust families and survi-
at the provincial and territorial levels.
vors have in local policing authorities. The
Administratively, only one staff body makes up committee will be made up of Indigenous and
the National Inquiry. These parallel inquiries non-Indigenous experts who have significant
are not, for example, holding additional experience in these kinds of police investiga-
hearings or writing additional reports. The tions, including Elders, former senior Crown
M M I W G N AT I O N AL I N Q U I RY

creation of 14 legal entities allows us to conduct attorneys, senior criminal defence lawyers,
a full public investigation on issues that cross criminologists, and a forensic psychologist.
jurisdictional lines, eliminating what proved
to be a significant roadblock in previous
22

HOW ARE WE A DECOLONIZING


IMPLEMENTING THE A P P R O A C H
NATIONAL INQUIRYS Because we have accepted the central
MANDATE? conclusion of previous inquiriesthat
for violence against Indigenous women to
The federal government determined the end, the colonial relationship that facili-
National Inquirys mandate, as set out in the tates that violence must endits critical
terms of reference. However, it is up to us to that we use a decolonizing approach.
implement it.
To accomplish this, we have adopted the follow- FOR VIOLENCE AGAINST
ing three key approaches. This will ensure that INDIGENOUS WOMEN TO END,
our work: THE COLONIAL REL ATIONSHIP
is trauma informed THAT FACILITATES THAT
is decolonizing VIOLENCE MUST END.

puts families first


A decolonizing approach aims to resist
A TRAUMA-INFORMED and undo the forces of colonialism and to
APPROACH re-establish Indigenous Nationhood. It is
A trauma-informed approach supports healing rooted in Indigenous values, philosophies,
in a way that aims to do no further harm and knowledge systems. It is a way of doing
and to ensure that families and survivors are things differently that challenges the colonial
not re-traumatized. By taking this approach, influence we live under by making space for
we are committing to shaping the National marginalized Indigenous perspectives. The
Inquiry process as much as possible around National Inquirys decolonizing approach
the needs of those affected by trauma, rather also acknowledges the rightful power and
than the other way around. This is incredibly place of Indigenous women and girls.
important for survivors and family members,
As an Inquiry, we are committed not only to
and is consistent with our Terms of Reference.
producing a decolonizing end product, but to
The National Inquiry is incorporating knowl- being a decolonizing process in itself. Because
edge of trauma into our policies, procedures, of this, we must be informed by the collective
and practices wherever possible. Commission- truth of families and survivors stories,
ers and staff are being trained to recognize guided by Elders and Knowledge Keepers
and respond appropriately to signs of trauma and grounded in Indigenous legal traditions
in families, survivors, staff, and others. This that have been used for millennia to stop
makes us aware of the widespread impact of violence, repair harms, and restore peaceful
trauma and the potential paths for healing. relationships with each other and the land.
Our trauma-informed approach includes It isnt easy to decolonize as we go. We know
creating culturally safe spaces for survivors, theres more work to do, and we will continue
family members, and community members to deepen this approach as we move forward.
to share their stories. We place equal value
on Western and Indigenous approaches, and
provide access to both. For example, family
members and survivors have access to Elders,
who are recognized as helpers and healers, and
other health supports before, during, and after
they participate in a National Inquiry event.7
WHAT IS NATIONAL
TRAUMA? INQUIRY LOGO

Tr auma is t he r esponse f elt f r om T HE N AT ION A L INQUIRY L OGO


deeply dis t ur bing or dis t r es s f ul WA S CR E ATED BY MEK Y O T TAWA
ex per iences . T hese ex per iences OF BEE SUM COMMUNIC ATIONS.
may occur in a singl e event or
t hr ough r epe at ed, mult ipl e, or Three symbol s
endur ing ex per iences . Tr auma were chosen
over w hel ms t he individuals abil it y to represent
t o cope w it h t heir ide as and emo t ions First Nations,
involved in t hat ex per ience. Mtis, and
Inuit traditions
WHO C A N BE T R AUM AT IZED? because there is no single image
that adequately represent s
Famil ies c an be t r aumat ized by an all Indigenous people.
event happening t o one or mor e of
it s member s . Even peopl e w ho did Indigenous women have always been
no t dir ec t ly ex per ience t he t r auma s t or y t el l er s t hr ough t heir ar t . O f t en
c an be impac t ed by it , especial ly if pat t er ns of shel lwor k , be adwor k ,
t hey have a cl ose r el at ionship t o t he embr oider y or we aving ar e pas sed
individual w ho ex per ienced t he t r auma. dow n f r om gener at ion t o gener at ion.
T he use of t he connec t ed l ines al so
Communities can also be traumatized r epr esent s our int er connec t ednes s
when events affect any of its members. V I t o e ach o t her. W hil e designs dif f er
acr os s Nat ions, f l or al pat t er ns
WH AT DOE S IT ME A N T O BE ar e common amongs t F ir s t Nat ions
TR AUMA-INFORMED? and M t is . In t his way, we honour
To be t r auma-inf or med, t he Nat ional F ir s t Nat ions and M t is women by
Inquir y mus t make sur e t hat sy mbol izing be adwor k w it hin t he
ever yone involved w it h t he Inquir y : f l ower and l e aves, in a way t hat
emphasizes sy mme t r y, bal ance, and
Understands the historical context of har mony. We honour Inuit women by
Indigenous Peoples, specifically the sy mbol izing t heir t r adit ional t at t oo
experiences of Indigenous women and designs in a ser ies of bl ack l ines
girls in Canada, and how it contributes and do t s . Many Inuit t at t oo designs
to the widespread impact of trauma; sy mbol ize t he womb, f eminine
Recognizes the signs and empower ment , and family, and a gir l
symptoms of trauma in staff was of t en gif t ed w it h a t at t oo t o
and Inquiry participants and mar k her ent r ance int o womanhood.
understands what needs to be The logo revisit s the traditional
considered for wellness; and root s of female Indigenous ar tistic
Integrates knowledge about trauma expression and empowerment . It is
into their policies, procedures, meant to honour all Indigenous peoples
communications and se t t ings and in Canada and to ser ve as a reminder
under s t ands how t o impl ement of who the Inquir y represent s.
it int o daily pr ac t ice.
24

A FAMILIES-FIRST APPROACH HOW IS THE NATIONAL


Any process addressing missing and murdered INQUIRY STRUCTURED?
Indigenous women and girls should fully
include the families of those women and girls. National Inquiry staff have been hired
We have adopted a families-first approach, from across Canada. They work remotely,
using a broad and inclusive understanding from the head office in Vancouver (BC)
of family and kinship. We welcome biologi- or from one of the regional offices:
cally and non-biologically related loved ones, Ottawa (ON);
chosen families and families of the heart. Winnipeg (MB);
The call for a families-first approach grew out Wendake (QC); and
of increasing frustrations with how missing Saskatoon (SK).
and murdered Indigenous women and girls
families were treated, and often excluded, The National Inquiry is divided into six
by the police, the justice system, politicians teams: Health, Community Relations, Legal,
and the media.8 Families first does not Communications, Research, and Operations.
displace the lived experience of survivors, but Each team is led by a Director, who reports to
helps make sure that those who cannot speak the Executive Director. The Executive Director
for themselves continue to have a voice. reports to the Chief Commissioner and the
other Commissioners. The Commissioners
also have personal staff that may include an
ANY PROCESS ADDRESSING MISSING
Executive Assistant or Special Advisor.
AND MURDERED INDIGENOUS
WOMEN AND GIRL S SHOULD
Health
F U L LY I N C L U D E T H E FA M I L I E S
OF THOSE WOMEN AND GIRL S. The Health Team is the point of first contact
for families and survivors participating in
the National Inquiry. Members of the Health
Families of the heart is used to describe a
Team have the initial conversation with each
broad sense of family extending beyond the
participant and arrange for participants
nuclear or extended family to include people
health supports before participants are
who have chosen to consider themselves
referred to the Legal Team. They also do
family.9 These families of the heart have
the after-care follow-up with those who
chosen to stay closely involved and support
participate in hearings or advisory circles.
each other out of mutual love and respect.
The Health Team is building relationships with
We recognize that family relationships
regional health support agencies throughout
can be complex. The National Inquirys
the country, including Indian Residential
goal is to support survivors of violence
School Resolution Health Support Workers.
and the people who love them. We will not
This will allow local agencies to help support
exclude loved ones from testifying or being
those participating in the National Inquiry.
a support person for those testifying simply
They also work with local Elders and Knowl-
because they are not biologically related.
edge Keepers to make sure that we respect
culturally specific protocols wherever we go.
25

UNDE R S TA ND T HE RECOGNIZE SIGNS IN T E GR AT E


HISTORICAL CONTE X T & SYMPTOMS KNOWLEDGE
OF INDIGENOUS OF TR AUMA IN ABOUT TR AUMA
PEOPLES IN S TA F F & INQUIRY INTO POLICIES,
CANADA AND HOW PARTICIPANTS PROCEDURES,
IT CONTRIBUTES TO A ND UNDE R S TA ND COMMUNIC AT IONS
THE WIDESPRE AD CONSIDE R AT IONS & SET TINGS AND
IMPACT OF TR AUMA NEEDED TO UNDE R S TA ND HOW
CONTRIBUTE TO TO IMPLEMENT INTO
WELLNESS D A I LY P R A C T I C E

The National Inquirys Critical Path for Trauma-Informed Training.

The Health Team has created a training Community Relations


path on trauma for Commissioners, staff,
Community Relations staff members act as
Grandmothers and Elders, contract workers,
facilitators between organizations, participants,
and Family Advisory Circle members. Its
I NTE R I M R EP O RT

and the National Inquiry. Regional liaison


crucial that all members of the National
officers provide community outreach across the
Inquiry staff are trauma-informed. The Health
country. They are building relationships with
Team is also responsible for making sure that
local and regional front-line organizations, Na-
members of the National Inquiry staff get the
tional Indigenous Organizations, and regional
health supports they need. Many of our staff
coalitions through in-person meetings and
have been impacted by violence in one way or
regular conference calls based on confidence
M M I W G N AT I O N AL I N Q U I RY

another, which increases their chances of being


and trust. In particular, they have maintained
negatively affected by others trauma. If left
a strong relationship with the National Family
unaddressed, this can jeopardize the wellness
Advisory Circle and facilitate regular meetings
of the very people who are tasked with fulfilling
between the Circle and the Commissioners.
the National Inquirys goals.
26

Legal

The Legal Team is responsible for providing


legal advice to the Commissioners on matters
relevant to the functioning and mandate of
the National Inquiry. It is also responsible
for making sure that all relevant evidence
is brought before the Commissioners.
Team members work with family members
and survivors to help them tell their stories to
the National Inquiry. This includes meeting
with them, preparing them, and providing
information and answers to their questions
about the National Inquirys process. The Legal
Team is also responsible for the statement
They work with organizations and communi- takers who will help families and survivors
ties to adapt the National Inquirys processes record the stories they would like to share
to the regional specifics of the communities. with the National Inquiry. The Legal Team
The Community Relations Team regularly asks also meets with grassroots organizations,
for advice and feedback from organizations, advocacy groups, and other organizations.
families, and survivors, both in person and The Legal Team is actively putting together the
through teleconference meetings. They ensure information to be called at the Community, In-
theres ongoing communication with organi- stitutional, and Expert Hearings. They are also
zations, families, and survivors, and help them seeking opportunities to include Indigenous
navigate through the National Inquiry process. legal traditions in the Truth-Gathering Process.
The Community Relations Team members
also attend key events across the country. This Research
lets them provide updates and share infor-
The Research Team gathers and analyzes key
mation about the work of National Inquiry.
information on topics related to the National
Inquirys mandate. Team members review
existing materials and studies, conduct new
P H O T O : One of the communities that Inquiry staff
visited in preparation for upcoming hearings was research based on the National Inquirys
Rankin Inlet, Nunavut. Back row, left to right: Dephin identified knowledge gaps, and analyze
Mephin Mutema (Victim Program Development evidence to support findings and recommen-
Coordinator, Government of Nunavut), Yvonne Niego
(Assistant Deputy Minister of Justice, Government dations. One of the Research Teams most
of Nunavut), Lillian Lundrigan (legal counsel, important responsibilities is creating the
NIMMIWG), Alana Boileau (Community Liaison National Inquirys Interim and Final Reports.
Officer, NIMMIWG), Joseph Murdoch-Flowers (legal
counsel, NIMMIWG), Elder Maryanne Tattuinee, To date, the Research Team has reviewed
Barb Sevigny (Health Manager, NIMMIWG), Looee
Okalik (Community Liaison Officer, NIMMIWG), nearly 100 reports related to violence against
and Vicky Laforge (Health Coordinator, NIMMIWG). Indigenous women and girls, and researched
Front row, left to right: Theresie Tungilik (Rankin specific issues as needed. Team members
Inlet councillor), Robert Janes (Rankin Inlet mayor).
prepare briefing notes on various issues for
the Commissioners to help them make timely
and informed decisions. Because language
matters, they have also created a lexicon of
27

terms. This will guide the National Inquiry Communications


in the most respectful use of specific terms.
The Communications Team communicates the
The Research Team is also responsible for mandate, priorities, and actions of the National
developing the National Inquirys com- Inquiry to the general public. It is responsible
memoration, public education, and arts for providing strategic advice to the Commis-
strategy. Team members are gathering and sioners, executive director, and team directors
documenting works of art in all formswrit- on all media and public relations issues.
ten, performance, visual, and filmgifted
Team members develop communications
to the National Inquiry. Much of the art
strategies and action plans for external and
will be displayed on the National Inquirys
internal communications initiatives. They also
website, along with other public resources.
foster relationships with external organizations
The Research Team is also undertaking a and partners in order to be transparent about
youth-focused public education and art the National Inquirys accomplishments
project called Their Voices Will Guide Us. and to be well informed of the effectiveness
This project is raising awareness around of communication priorities and plans.
violence against Indigenous women, girls,
The Communications Team uses a wide range
and LGBTQ2S people, and includes course
of approaches to keep the public informed.
materials and resources to teach young people
Further plans are underway to strengthen the
about Indigenous womens power and place.
teams capacity and to acquire the tools neces-
sary to become more proactive in its work.
Operations
The Communications Team will also bring in
The Operations Team is in charge of planning, specialists to provide strategic advice on how
developing, and implementing the overall strat- to best communicate publicly in Qubec and
egies we need to accomplish the work of the in the North.
National Inquiry. It is in charge of administra-
tion, human resources, financial management,
procurement (getting supplies or contracts for
services in place), accommodations, security,
telecommunications, and information manage-
ment. The Operations Team provides logistical
support and coordination for all community
visits and hearings, including coordinating
funding for Indigenous people and organiza-
tions participating in the National Inquiry.
I NTE R I M R EP O RT

The Operations Team works closely with all


other National Inquiry teams, staff members,
and the Commissioners to make sure our
work gets done in a coordinated way.
M M I W G N AT I O N AL I N Q U I RY
28

The Indigenous people of Canada


are emotionally exhausted by being
the educators. [Education] needs
to be at all levels from early
childhood, right up through the
ages, through the school systems,
government systems. I have fear
that our children will face those
stereotypes, the racism I faced as
a child. Itsits everywhere.
TR ACY C A MILLERI, NIECE OF M ARY JOHNS, MURDERED
I N VA N C O U V E R I N 1 9 8 2 . F R O M T H E N A T I O N A L I N Q U I R Y S
C O M M U N I T Y H E A R I N G I N W H I T E H O R S E , M A Y 3 0 , 2 0 1 7.
OUR WOME N AN D GIR LS A RE SAC R ED

CHAPTER 3

Our Story
BUILDS

WHAT HAVE WE Despite these limitations, we have reviewed


LEARNED FROM THE the pre-Inquiry community meeting materials
to identify key issues to help guide our overall
PRE-INQUIRY PROCESS? research strategy.
The federal governments report on the The most significant new theme we identified in
pre-Inquiry engagement process was based this process was the impact of racism. Whether
on in-person feedback from more than 2,100 it took the form of institutionalized ignorance,
people, over 4,100 online survey responses, and stigma, and stereotypes, or racially motivated
more than 300 other submissions. It organized violence, racism was the issue most frequently
key issues and actions into four categories: raised at the community meetings (with survi-
child and family services, law enforcement, the vors, families, and loved ones) and stakeholder
criminal justice system, and systemic issues meetings (with provinces, territories, National
I NTE R I M R EP O RT

and legacies. Indigenous Organizations, non-governmental


One of our challenges is that we have not yet and international organizations, Indigenous
been able to conduct our own independent leaders, scholars, and legal experts). Families
analysis of the pre-Inquiry data. We have pointed to the importance of making the
the data that was collected and compiled by National Inquiry Indigenous-centred by
INAC. However, its been challenging to get the incorporating Indigenous legal traditions and
M M I W G N AT I O N AL I N Q U I RY

computer software we need in place to analyze restoring a Nation-to-Nation (or in some cases,
this data. an Inuit-to-Crown) relationship between Indig-
enous Peoples and the federal government.
Most pre-Inquiry participants identified
addictions issues, child welfare, poverty,
30

family violence, and lack of trauma supports Family members and survivors made it clear
(especially for the children and the parents that they were ready to tell Canada their stories
of missing and murdered women) as needing and their solutions. Front-line workers and
urgent action. local leaders have also helped identify systemic
issues and potential solutions.
Gang involvement, human trafficking, and
organized crime were also a high priority. Many people felt that these formal meetings
too closely duplicated the pre-Inquiry meeting
Other key issues included being mindful of
process, without providing a safe and com-
regional differences, such as Qubecs rela-
fortable opportunity for survivors and family
tionship with the Roman Catholic Church and
members to meet with Inquiry staff before the
northern and remote areas unique needs. The
Community Hearings. For these reasons, we
question of how to support families with mem-
changed the more formal Regional Advisory
bers who act violently and who also experience
meetings model to a smaller, more flexible
violence themselves was a particularly pressing
model of community visits.
one in small communities.
The most significant issue our partners
Many of the families recommendations for law
identified is the role that police forces and the
enforcement centred on the need for designated
criminal justice system play in perpetrating
investigators, police units, advocates, protocols,
violence against Indigenous women and girls.
or regional offices to address violence against
There is an overall lack of trust in the justice
Indigenous women. Families also said that rec-
systemincluding the police, courts, coroners,
ommendations should not only be directed to
and correctionsand a belief that women
federal, provincial, and territorial governments,
and families are not receiving the justice they
but should include Indigenous communities,
deserve. People are afraid of retribution and
governments, and leadership as well.
bullying when reporting police complaints in
Some suggestions for commemoration included small communities. There is ongoing concern
helping families bring human remains back home about the lack of communication between
for burial, marking currently unmarked graves, police and families. We have heard that existing
and introducing a National Day of Mourning. mechanisms for making complaints against the
police, investigating police misconduct, and
addressing the overall lack of transparency, are
inadequate. Many believe that the cause of death
WHAT HAVE WE LEARNED is ruled as from natural causes far too often in
cases where there are suspicious circumstances.
FROM OUR ADVISORY
MEETINGS? A second key issue our partners identified is the
way the media depicts Indigenous women and
From the start, we have sought advice from victims of violence. Racism is prevalent in the
people, groups, and organizations across the media, and negative, stereotypical coverage of
country. We have done this through advisory Indigenous women has a profound impact on
meetings with provincial/territorial regions, families. It also discourages non-Indigenous
with the National and Regional Family Adviso- Canadians from seeing these high rates of
ry Circle, National Indigenous Organizations, violence as a fundamental violation of the
coalitions, organizations, and communities. human rights of Indigenous women and girls.
Each of the Commissioners also has a Violence against Indigenous women and girls
Grandmother or an Elder (as in Commissioner is a social responsibility. This is why public
Robinsons case) who regularly advises and education must be a priority.
supports them.
31

WHAT WAS There is also a direct link between child welfare


apprehensions and missing and murdered
THE SIXTIES Indigenous women and girls. Without change

SCOOP?
to the child welfare system there will continue
to be high rates of violence and missing and
murdered Indigenous women and girls.
People told us that sex trafficking is a reality in
THE SIXTIES SCOOP WAS A Indigenous communities and urban centres.
CHILD-WELFARE POLICY IN They said that Indigenous women, girls, and
C A N A D A T H AT W I D E LY R E M O V E D LGBTQ2S people are overrepresented in the
INDIGENOUS CHILDREN FROM sex trade, and that there is still a stigma around
sex work, which creates conflict within families
THEIR HOMES AND PL ACED
and between organizations over how best to
THEM WITH NON-INDIGENOUS
protect women in the trade. They also pointed
FAMILIES, EITHER IN CANADA
to the link between prostitution and resource
O R O U T S I D E T H E C O U N T R Y. T H I S extraction, as the culture and values associated
PR ACTICE BEGAN IN THE 1960S with hyper-masculine industrial camps can
A N D C O N T I N U E D U N T I L 1 9 9 0 . VII make Indigenous women and girls more
vulnerable to violence.1
The issues facing Indigenous women and
girls are complex and systemic. People are
concerned about how to address issues linked
to cultural genocide, residential schools, and
the Sixties Scoop, each with intergenerational
impacts, without feeding harmful stereotypes
or causing further harm.
Families and survivors want answers, closure,
and healing. We heard that communities often
have their own solutions to tackling violence
but lack the funding or jurisdiction to do so.
Social services with successful track records
are underfunded and staff members are
overworked, especially in small, rural, remote,
or isolated communities. Usually, these
communities lack mental health supports and
I NTE R I M R EP O RT

other counselling services. Support services


are often not holistic or Indigenous-led, but
based on colonial approaches that assume
government knows best. We heard that
such approaches do not work for Indigenous
families. As a result, people rely on informal
M M I W G N AT I O N AL I N Q U I RY

supports, such as local Elders, who do what


they can but are overwhelmed.
32

Many of the people we have spoken with agree faced by Indigenous women and girls, and one
that organizations must be adequately funded that fully honours and commemorates the
so that they can effectively work together. people weve lost.
The insights gathered through the Regional Ad- To accomplish this, the National Inquiry
visory Meetings, meetings with our partners, has analyzed 98 reports on violence against
community visits, and the many other sources Indigenous women and girls in Canada. These
of information available to the National Inquiry reports are from past commissions of inquiry,
(including previous reports, as discussed below) parliamentary standing committees, grassroots
have helped us develop the key research themes community initiatives, National Indigenous
and paths of inquiry described in this report. Organizations, international agencies and
commissions, and national and international
civil society organizations. Together, they con-
tain over 1,200 recommendations addressing
WHAT HAVE WE LEARNED the disproportionate rates of violence against
Indigenous women in Canada.
FROM PREVIOUS REPORTS?
We used the following criteria to determine
Due to the tireless efforts of family members, which documents to include:
communities, and organizations, violence
against Indigenous women and girls has been reports, strategies, and action plans
the subject of many reports over the past few concerning violence against Indigenous
decades. These reports and recommendations women and girls in Canada;
cover a variety of issues, all speaking to the reports and action plans that dealt with
violence inflicted on Indigenous women human trafficking in Canada, with
through the forces of colonization. specific sections devoted to Indigenous
women and girls; and
One of the reasons the previous federal govern-
reports concerning the justice system
ment gave for why Canada didnt need a nation-
and Indigenous people in Canada that
al inquiry was that this issue had been studied
explicitly referred to Indigenous women
enough. Some advocates and family members
and girls and the Canadian justice system.
have had similar concerns, feeling researched to
death with little to show for it.2 Many are afraid This is a working list, available on the National
the National Inquiry will produce just another Inquirys website. It will continue to evolve over
report to collect dust on a shelf. time. We invite families and survivors, com-
These fears are not unfounded. Government af- munity members, front-line workers, advocates,
ter government has failed to implement the vast and others to let us know of any additional
majority of these recommendations. This fact reports that can be added to this list.
should be a source of shame for all Canadians. We chose to undertake this comprehensive review
However, the cornerstone of the National for several reasons. First, it gives us a cross-juris-
Inquirys work is to gain a full understanding dictional picture of violence against Indigenous
of the causes of violence against Indigenous women and girls. Second, it helps us identify
women and girls, and to keep governments, knowledge gaps. Third, by examining which
institutions, and other organizations account- recommendations have or havent been imple-
able for implementing the solutions. We know mented, we can identify the systemic barriers to
what some of the problems and solutions are, implementation and take those into account.
but we still need a coordinated approachone
that shines light on the full breadth of violence
33

REPORTS This is an unprecedented review: none in


Canada to date has included this many federal,
INCLUDED IN provincial, and territorial reports on violence

THE NATIONAL
against Indigenous women in a single assess-
ment. This work builds on a report by the Legal

INQUIRYS Strategy Coalition on Violence Against Indige-


nous Women.3 Many of the reports we reviewed
TERMS OF focus on a single region or jurisdiction, and no

REFERENCE
past report has been as comprehensive in its
jurisdictional scope or mandate as the National
Inquirys. The scope of this review is especially
important since the lack of interjurisdictional
cooperation has been a longstanding barrier
THE REPORT OF THE
to ending violence against Indigenous women,
R O YA L C OMMI S S ION ON girls, and LGBTQ2S people.
ABORIGINAL PEOPLES

THE TRU TH A ND R ECONCIL I ATION


COMMISSIONS FINAL REPORT THE NATIONAL INQUIRY HAS
A N A LY Z E D 98 R E P OR T S ON
WH AT THEIR S T OR IE S TEL L US: VIOLENCE AGAINST INDIGENOUS
RESEARCH FINDINGS FROM THE WOMEN AND GIRLS IN CANADA.
SIS TER S IN SPIR IT INITI ATIV E

REPORT OF THE HOUSE OF In terms of knowledge gaps, we have undertak-


COMMONS SPECIAL COMMITTEE en the most comprehensive literature review to
ON VIOLENCE AGAINST date of existing reports, studies, and articles on
INDIGENOUS WOMEN (2014) violence against Indigenous women and girls.
We will continue to add to it moving forward.
REPORTS OF THE MISSING This review is in itself a public education tool
WOMEN COMMISSION OF that will make future research easier after the
INQUIRY (OPPAL INQUIRY ) work of the National Inquiry is done.
This review is unprecedented when it comes
REPORT OF THE UNITED
to assessing whether recommendations in
N ATIONS COMMIT TEE ON THE previous reports have been implemented or
EL IMIN ATION OF DISCR IMIN ATION not. While its beyond our scope and resources
I NTE R I M R EP O RT

AGAINST WOMEN to address each of the 1,200 recommendations


identified so far, its important to study the
MISSING AND MURDERED systemic barriers to recommendations imple-
ABORIGINAL WOMEN: A mentation. This will help us make sure that the
N ATION A L OPER ATION A L National Inquirys ultimate recommendations
O V E R V IE W, R O YA L C A N A DI A N are as practical and effective as possible,
M M I W G N AT I O N AL I N Q U I RY

MOUNTED POLICE (2014) building on past work and avoiding simply


duplicating whats already been called for.
THE REPORT OF THE
In general, most recommendations have not
INTER-AMERICAN COMMISSION
been implemented, or progress has been very
ON HUMAN RIGHTS ON MISSING
slow. It is difficult, however, to evaluate whether
AND MURDERED INDIGENOUS
WOMEN IN BRITISH COLUMBIA
34

seen so many sisters,


taken from our home
my heart is breaking
my hands are shaking
cause I feel scared inside
I wont let it show
and they wont
take my pride
E X C E R P T F R O M T H E H I G H WAY, A S O N G W R I T T E N A N D R E C O R D E D
WITH STUDEN TS OF NA AKSA GYIL AK YOO SCHOOL IN KITSUMK ALUM
F I R S T N A T I O N , B R I T I S H C O L U M B I A . T H E T I T L E R E F E R S T O H I G H WA Y 1 6
B E T W E E N P R I N C E G E O R G E A N D P R I N C E R U P E R T, N O W K N O W N A S T H E
H I G H WA Y O F T E A R S . T H I S V E R S E I S S U N G B Y A N N A L E E PA R K E R .
H T T P S : // W W W.Y O U T U B E . C O M / WA T C H ? V = H G _ 9 D 2 6 0 Y E I
35

implementation in a certain area has been good abuse, unstable families, and sexual abuse. The
enough, because there are no standardized report also highlights the underlying socio-eco-
criteria by which to do so. As well, governments nomic factors that contribute to violence, such
generally do not provide a lot of transparent as poverty, poor health, homelessness, and
public reporting on their efforts to implement institutionalization. Finally, the report notes
specific recommendations, even when they that police and child welfare systems failed
come from their own reports, action plans, to concretely address the factors that make
programs, and services. Generally, our review Indigenous women and girls more vulnerable
has found that implementation efforts have to violence. NWACs report states that both
focused more on the reactive than the preven- preventative and reactive measures are needed
tative approach. However, both approaches to address this violence.6
urgently need more attention.
In the following section, we will highlight Invisible Women: A Call to Action A
key reports listed specifically in the National Report on Missing and Murdered
Inquirys Terms of Reference.4 Indigenous Women in Canada, Report
of the Special Committee on Violence
Against Indigenous Women (2014)

In 2013, the federal government established a


CANADIAN REPORTS
Committee on Violence Against Indigenous
CONCERNING VIOLENCE AGAINST
Women. It was meant to conduct hearings on
INDIGENOUS WOMEN
the critical matter of missing and murdered
Indigenous women in Canada, and to propose
What Their Stories Tell Us: Research
solutions to address the root causes of violence
findings from the Sisters In Spirit
against Indigenous women.7 The Committees
initiative, Native Womens Association of
report, Invisible Women: A Call to Action,
Canada (2010)
was organized around three themes: violence
The Native Womens Association of Canada and its root causes; front-line assistance; and
(NWAC) has been one of the most important preventing violence against Indigenous women
advocates in raising awareness and understand- and girls. The Committee held public meetings
ing of violence against Indigenous women in to hear testimony from family members of
Canada. Its Sisters In Spirit initiative involved missing and murdered Indigenous women, and
extensive research, educational programing, meetings with prevention experts and front-
and policy development, and its groundbreak- line service providers. The report produced
ing report presented a number of key findings 16 broad recommendations for ways to better
beyond putting a number to the cases of address violence against Indigenous women
I NTE R I M R EP O RT

missing and murdered Indigenous women.5 and girls.8


NWAC found that the majority of disappear-
ances and deaths occurred in the western Reports of the Missing Women
provinces, that more than half of those who died Commission of Inquiry (Oppal
or disappeared were under 31 years old, and that Commission, British Columbia)
Indigenous women are more likely than non-In- British Columbia established the Missing
M M I W G N AT I O N AL I N Q U I RY

digenous women to be killed by a stranger. Women Commission of Inquiry (the Oppal


The report points to the impacts of coloni- Inquiry) in 2010. Its purpose was to examine
zation. These include the overrepresentation police investigations of women who went
of Indigenous children in the child welfare missing from Vancouvers Downtown Eastside
system, intergenerational trauma, substance between 1997 and 2002 and the handling of the
36

criminal prosecution of Robert Pickton. The socio-economic root causes of violence as well
Oppal Inquiry was also tasked with making as the justice systems inability to respond
recommendations to improve BC investigations appropriately to this violence. The Committee
of missing women and multiple homicides. also recommended establishing a mechanism
to monitor and evaluate the implementation of
Its 63 recommendations relate mostly to
their recommendations.11
policing failures, including general practices,
investigations, prosecutions, and poor relation-
ships between police services and local commu- Missing and Murdered Indigenous Women
nities. It also recommended that the RCMP and in British Columbia, Canada, Inter-
the Vancouver Police Department apologize American Commission on Human Rights
to the families of missing and murdered (21 December 2014)
Indigenous women, that the RCMP improve The Inter-American Commission on Human
community-based response to missing persons Rights (IACHR) report, Missing and Murdered
cases, and that the province compensate the Indigenous Women in British Columbia, looked
affected families and improve Indigenous at the context in which Indigenous women have
womens access to public transport.9 gone missing and been murdered over the past
The province appointed an independent advi- several years and the Canadian governments
sor to oversee the implementation of the Oppal response. The report stressed that governments
Inquirys recommendations in 2012. However, actions to address these issues will only work
he stepped down in 2013 and progress has if they also address their root causes. It noted
since lagged.10 the polices failure to prevent violence against
Indigenous women, to protect them from it,
and to diligently investigate cases of murders
and disappearances. These failures perpetuate
INTERNATIONAL REPORTS violence by sending the message that its per-
CONCERNING VIOLENCE AGAINST petrators will not be held accountable for their
INDIGENOUS WOMEN AND GIRLS actions.
IN CANADA
The report noted the lack of trustworthy or
comprehensive Canadian statistics on these
Report of the inquiry concerning Canada
issues. The reports recommendations were
of the Committee on the Elimination of
geared towards helping the federal government
Discrimination against Women under
strengthen its efforts to protect Indigenous
article 8 of the Optional Protocol to the
womens rights and emphasized the need for a
Convention on the Elimination of All
nationally coordinated response to the violence
Forms of Discrimination against Women
experienced by Indigenous women.12
(30 March 2015)
Both the CEDAW and IACHR reports framed
In 2015, the Committee to End Discrimina-
this as a human rights issue. They make it clear
tion Against Women (CEDAW), a standing
that the disproportionate rates of violence
committee of the United Nations, evaluated
experienced by Indigenous women and girls in
Canadas response to violence against Indig-
Canada, and the lack of government protection,
enous women. The Committee found that
are violations of their human rights under
there was a serious lack of measures in place to
international law.
address this violence. Its 38 recommendations
to the government addressed underlying
37

A POLICE REPORT CONCERNING disproportionate rates of violence experienced


VIOLENCE AGAINST INDIGENOUS by Indigenous women.
WOMEN IN CANADA
The report also asserted a strong nexus
between violence against Indigenous women
Missing and Murdered Aboriginal and family violence, and committed to focusing
Women: A National Operational police work on intervention and prevention
Overview, Royal Canadian Mounted efforts to address family and spousal violence.15
Police (2014) It highlighted that Indigenous communities
In 2013, the RCMP undertook a national review needed to be included in working partnerships
of police-documented cases of missing and that will collectively focus on how best to
murdered Indigenous women in Canada. The approach challenges and find solutions that will
final report, released in 2014, analyzed infor- enhance the safety and security of everyone.16
mation from 1,017 homicides and 164 missing Some organizations have pointed out the flaws
persons cases found for Indigenous women in the RCMPs 2014 report and its update.
between 1980 and 2012. This report was meant Namely, they argue that the report fails to
to guide RCMP operational decision-making address how police conduct can make women
and lead to more targeted crime prevention, more vulnerable to violence, and that the
better community engagement, and more source of statistics used to inform the report
accountability in criminal investigations.13 concerned only established homicide cases
The report does not identify any underlying (excluding cases where the death was suspi-
causes of violence against Indigenous women, cious, or where human remains were found in
nor does it contain any recommendations. remote locations) and did not measure whether
Instead, it outlines what actions the RCMP will police behaviour met acceptable standards.
take to address the failings noted in its report. Critics said that the RCMP report reinforced
These include: putting more effort into unre- misleading public perceptions that Indigenous
solved cases, focusing on violence prevention, men are primarily responsible for violence
increasing public awareness of violence against against Aboriginal women, without considering
Indigenous women, and continuing to update historical and systemic factors.17
the internal RCMP case database that was
created for this project as new cases arise.
WHAT THESE AND OTHER
R EPORT S H AVE IN COMMON
THE Y ARGUE THAT THE Most of the 98 reports identified to date
REPORT FAILS TO ADDRESS generally agree on the root causes of violence
HOW POLICE CONDUCT against Indigenous women and girls, and what
I NTE R I M R EP O RT

CAN MAKE WOMEN MORE overall measures are required to stop it.
VULNERABLE TO VIOLENCE.
The next sections of this report will summarize
the major themes and sub-themes that we have
In 2015, the RCMP released an update to its identified. It will be organized according to the
Overview report that addressed investigative, consensuses that have emerged over:
procedural, and preventative initiatives they
M M I W G N AT I O N AL I N Q U I RY

the root causes of violence against


had undertaken as the next steps outlined Indigenous women and girls in
in the 2014 Overview.14 It also assessed more Canada; and
recent statistics (201315) and noted that
the measures needed to end violence
they failed to show any improvement in the
against Indigenous women and girls
in Canada.
38

Consensus over the root causes of

WHAT IS SELF-
violence against Indigenous women and
girls in Canada

Virtually all of the reports that discuss root


causes point to the historical legacies and con-
DETERMINATION?
tinuing impacts of colonization on Indigenous
communities in Canada. Many reports also
discuss how discrimination under the Indian SEL F-DE T ER MIN AT ION IS
Act and other Canadian laws, the residential INDIGENOUS PEOPLES INHERENT
school system, and the Sixties Scoop have all R I G H T T O F R E E LY D E T E R M I N E
contributed to Indigenous communities loss of THEIR OWN POL ITIC A L S TAT US
traditional knowledge, profound intergenera- A ND P UR SUE CULT UR A L ,
tional trauma, and violence. They agree that no ECONOMIC, A ND SOCI A L WEL L-
understanding of violence against Indigenous BEING BASED ON THEIR OWN L AWS
women and girls, including LGBTQ2S people,
AND GOVERNANCE SYSTEMS.
can be understood without grounding it firmly
within Canadian colonialism.
As a result of this deeply rooted discrimination,
Indigenous women, girls, and LGBTQ2S people
have long been, and continue to be, socio-eco-
nomically marginalized. They experience
disproportionate rates of poverty and poor
living conditions compared to non-Indige-
nous Canadians. They are more vulnerable
to violence, and less able to leave violent
circumstances. This is due to gaps between
Indigenous and non-Indigenous peoples access
to good schools and jobs; emergency housing
in the short term and safe, affordable housing
in the long term; and culturally appropriate
health, mental health, and addictions treatment
services.
Many reports also point to Indigenous Peoples
loss of self-determination as a root cause of
violence against Indigenous women and girls.
These reports emphasize that Canadian gov-
ernments need to rebalance the power in their
relationships with Indigenous Nations and
communities. They affirm that any meaningful
efforts to address violence against Indigenous
women, girls, and LGBTQ2S people must be
based on a true partnership between Canadian
and Indigenous jurisdictions. This must include
Indigenous and non-Indigenous leadership,
service providers, advocates, and communities.
39

Consensus over measures needed to end RECOMMENDATION THEMES


violence against Indigenous women and
girls in Canada The need for a national inquiry
A significant number of the reports we into violence against Indigenous
reviewed also agree on what needs to be done women and girls.
to end violence against Indigenous women and These recommendations called for an inquiry
girls and to better protect those who experience to examine root causes and failures of the
violence. Many of these recommendations justice system to address violence against
overlap considerably. Indigenous women across the country. Reports
In the following section, we have grouped emphasized that this inquiry would need
several decades worth of existing recommen- full provincial and territorial support, and
dations into 17 overarching themes. Grouping the involvement of families and community
these recommendations thematically highlights members.
the broader systemic factors that threaten the This has been implemented. Justice Canada
safety of Indigenous women and girls and has also budgeted more than $16 million over
draws attention to the complementary and at four years to help provinces and territories
times repetitive nature of many recommen- establish Family Information Liaison Units
dations. The fact that they have been made so (FILUs), which are intended to help families
many times, from groups across the country, and survivors who engage with the National
adds weight to these recommendations and Inquiry.18 Most provinces and territories have
amplifies their authors collective voice. At the begun implementing their FILU plans, but they
same time, this grouping highlights several are not yet fully operational.19
distinct areas where there is widespread and
systemic government inaction.
The need for a federally coordinated,
This section of the Interim Report provides a cross-jurisdictional national action plan
preliminary review of which recommendations to address violence against Indigenous
have been implemented and to what degree this women and girls.
has been done. Going forward, we will continue
These recommendations stress that federal,
to examine which recommendations have
provincial, and territorial governments need to
been implemented, in an effort to identify the
partner with National Indigenous Organiza-
main reasons why some recommendations are
tions and Indigenous governments to develop
followed through with, but not others. Through
such a plan.
this ongoing process, we hope to speed up the
implementation of existing recommendations This does not appear to have been fully
and to make sure that the National Inquirys implemented. In 2014, the federal government
I NTE R I M R EP O RT

final recommendations support and build on released a document titled Action Plan to
existing work. Address Family Violence and Violent Crimes
Against Aboriginal Women and Girls.20
However, it was widely criticized as window
dressing, repackaging existing initiatives
rather than creating any new or specific ini-
M M I W G N AT I O N AL I N Q U I RY

tiatives to address violence against Indigenous


women.21 A 2016 Globe and Mail investigation
into the plans actual spending found that 90%
WHAT IS THE DIFFERENCE
BETWEEN STATUS
AND NON-STATUS INDIANS?

FIRST OF ALL, THE TERM INDIAN NON-S TAT US INDI A NS


I S G E N E R A L LY C O N S I D E R E D T O Non-S t at us Indians ar e peopl e w ho
BE OFFENSIVE. HOWEVER, IT consider t hemselves Indians or
R E TA INS LEG A L ME A NING WITHIN member s of a F ir s t Nat ion bu t w ho
C A N A DI A N L EGISL ATION A ND IN t he Gover nment of C anada does
no t r ecognize as Indians under t he
THE CANADIAN LEGAL SYSTEM.
Indian Act. T hey may have l os t t heir
Indian is t he l egal ident it y of an s t at us, or t heir ances t or s may have
Indigenous per son w ho is r egis t er ed l os t t heir s t at us under f or mer or
under t he Indian Act. T he t er m cur r ent pr ovisions of t he Indian Act.
Indian col l ec t ively descr ibes al l t he I t may al so be t hat t heir ances t or s
Indigenous peopl e in C anada w ho ar e wer e never r egis t er ed. E it her way,
no t Inuit or M t is . Non-S t at us Indians ar e unabl e t o
T hr ee c at egor ies apply t o Indians in pr ove t heir Indian s t at us, and so ar e
C anada: S t at us Indians, Non-S t at us no t ent it l ed t o t he s ame r ight s and
Indians, and Tr e at y Indians . benef it s avail abl e t o S t at us Indians .
In Daniels v. Canada, t he Supr eme
Cour t r ul ed t hat M t is and non- s t at us
S TAT US OR R EGIS TER ED INDI A NS Indians ar e Indians under sec t ion
A per son w ho is ent it l ed t o have t heir 9 1(2 4) of t he Constitution Act, w hich
names incl uded on t he Indian Regis t er, me ans t hey now fal l under t he f eder al
an of f icial l is t maint ained by t he gover nment s jur isdic t ion. However,
f eder al gover nment . Cer t ain cr it er ia t he r ul ing does no t impac t M t is and
de t er mine w ho c an be r egis t er ed as a non-S t at us Indians el igibil it y f or
S t at us Indian. Only S t at us Indians ar e pr ogr ams and ser v ices cur r ent ly
r ecognized as Indians under t he Indian t ar ge t ed t o S t at us Indians .
Act and ar e ent it l ed t o cer t ain r ight s
and benef it s under t he l aw.
Gover nment al l oc at ion dol l ar s
ar e based on per -per son s t at us
member ship only.
41

of the promised $25 million went towards law further research into how exactly
enforcement and efforts to address internation- violence against Indigenous women and
al human trafficking. Less than 10% (approxi- girls takes shape in Ontario.25
mately $500,000 a year) went to support victim
servicesand its not even clear whether this The need for federal, provincial, and
limited funding was fully spent.22 territorial governments to publicly
acknowledge and condemn violence
Sub-theme: provincial and territorial action
against Indigenous women and girls.
plans to address violence against Indigenous
women and girls. These recommendations include the need for
governments to publicly commit to addressing
Over the last four years, several provinces and
this issue as a top priority.
territories have launched action plans and
strategies to address violence against women. This appears to have been implemented. During
However, many of these plans apply to all the first and second National Roundtables on
women in the province, failing to recognize the this issue, every province and territory com-
disproportionate rates of violence experienced mitted to working together and with National
by Indigenous women and girls. They dont Indigenous Organizations and Indigenous
recognize the need for specific programming governments to address violence against
designed by and for Indigenous populations, Indigenous women and girls.26 Several provinc-
or Indigenous women.23 Other provinces have es have also made separate public statements
created working groups or advisory councils condemning violence against Indigenous
to help address violence against Indigenous women and have committed to prioritizing
women and girlsfor example, the Ministers efforts to end this violence.27
Advisory Council on Aboriginal Women
(MACAW) in BC.24 The need for public education and greater
public awareness of violence against
In February 2016, Ontario became the first
Indigenous women and girls.
province or territory to institute a plan to
specifically address violence against Indigenous This included several calls for a national
women. Over three years, the plan will involve: awareness campaign on certain risk factors for
$80 million in new funding for a Indigenous women and girls, as well as ways to
Family Well-Being Program to help prevent violence.
Indigenous families in crisis and to This does not appear to have been fully imple-
address intergenerational trauma in mented. While all provinces and territories
communities; have committed to a national awareness
$15.75 million for more effective supports campaign around violence against Indigenous
I NTE R I M R EP O RT

for Indigenous women interacting with women,28 it appears that progress has stalled
the justice system, to develop a survivor- with no campaign release in sight.
centred strategy to address human
When it comes to prevention, the federal
trafficking in Ontario, and to fund other
government administers a Family Violence
community safety supports;
Prevention Program that funds 41 shelters
$2.3 million to introduce new legislation and community-driven initiatives on and off
M M I W G N AT I O N AL I N Q U I RY

around missing persons investigations, reserve.29 Its last performance evaluation in


to improve training for Crown attorneys 2012 found that a lack of adequate funding and
and police, and to provide new tools for trained staff prevented the program from being
First Nations policing; and as effective as it should have been.30 However,
additional funding to raise public the federal government introduced additional
awareness around this issue and conduct
42

program funding in 2016.31 The federal gov- While transportation recommendations in


ernment also funds the National Aboriginal previously published reports tend to focus on
Circle Against Family Violence, which provides BC, community members in Saskatchewan
public education around family violence in have more recently protested the closure
Indigenous communities.32 of the Saskatchewan Transit Company
(STC).36 Advocates have filed a human rights
At the same time, its important to recognize
complaint over the STC closure, arguing that
that much of the federal funding designated for
closing this transportation services discrim-
Indigenous people is available only to individ-
inates against Indigenous women, who are
uals with Indian Status, and, as a result, federal
being forced to put themselves at greater risk
funding does not adequately address the needs
because they now need to hitchhike to move
of Inuit and non-Status Indigenous people or
around the province.37
territorial governments that serve majority
Indigenous populations. Indigenous women and girls living in remote
communities in the northern territories also
Several provinces and territories have created
need more accessible public transit options.38
public awareness campaigns. One example
Many other areas across the country likely have
has been the Highway of Tears Prevention and
similar transportation failings.
Awareness Project, which educates Indigenous
community members about safety risks along
Highway 16 in BC.33 The RCMP also has a The need to fully ratify and implement
dedicated liaison with NWAC, which works international human rights declarations,
on raising the publics awareness of violence especially the United Nations Declaration
against Indigenous women.34 on the Rights of Indigenous Peoples,
the Organization of American States
Belm do Par Convention, and the
The need for more frequent and
International Labour Organizations
accessible transportation services to be
Indigenous and Tribal Peoples
made available to Indigenous women.
Convention (ILO Convention 169).
This was a particularly urgent recommendation
This does not appear to have been fully im-
for more remote areas and areas where hitch-
plemented.39 The United Nations Declaration
hiking is one of the only ways people without
on the Rights of Indigenous Peoples (UNDRIP)
cars can travel.
affirms that Indigenous Peoples are equal to all
This does not appear to have been fully im- other peoples, and that all Indigenous Peoples
plemented. Despite the fact that the Highway have the right to be free from discrimination;
of Tears Symposium recommended a bus or inherent rights to self-determination and
shuttle service along Highway 16 in BC over a control over their own political, cultural, and
decade ago, the first (limited) stretch of service social institutions; and the right to raise their
along the highway only began this year.35 own children and see to their well-being.40
The previous federal government took issue
with a section of the Declaration that requires
INDIGENOUS WOMEN AND GIRLS
the free, prior, and informed consent of Indig-
LIVING IN REMOTE COMMUNITIES
enous Peoples to development on traditional
IN THE NORTHERN TERRITORIES
lands. The current federal government dropped
ALSO NEED MORE ACCESSIBLE
this objection and has publicly endorsed the
PUBLIC TRANSIT OPTIONS.
Declaration without qualification.41 In 2017,
as part of implementing the Declaration and
transforming Indigenous-Crown relations,
43

the Government of Canada committed to The need for compensation for family
contributing to the decolonization process, members and/or a healing fund for
and advancing reconciliation by undertaking survivors and families.
a review of existing colonial laws and policies,
This does not appear to have been fully im-
in partnership with Indigenous Peoples, that
plemented. The Oppal Inquiry recommended
would be based on a set of newly-established
that BC create a compensation fund for the
guiding principles.42 The National Inquiry rec-
biological children of the 67 missing and
ognizes that the federal government examines
murdered women identified in its terms of
legislation, policies, and budgetary allocation
reference.48 The provincial and federal govern-
through a gender-based lens.43
ments and the City of Vancouver created a $4.9
Nevertheless, we caution that special care must million compensation fund in March 2014.
be taken to ensure that Indigenous women As of December 2016, 90 of the 98 children
and girls, and LGBTQ2S peoples rights are eligible for compensation had received it.49
protected and that their voices and interests are However, the fund excludes children of women
fully represented in the review process. This is who were not identified in the inquirys Terms
consistent with Article 22 (1) of the Declaration of Reference, and Indigenous women have
which says that particular attention shall criticized the limitations on compensation and
be paid to the rights and special needs of counselling available through BCs Victims of
indigenous elders, women, youth, children and Crime Act. They argue its narrow definition of
persons with disabilities in the implementation family members is inconsistent with broader
of this Declaration, and Article 22 (2) which Indigenous understandings of family and
requires states to take measures, in conjunc- kinship.50 No other jurisdiction in Canada has
tion with Indigenous peoples, to ensure that established a similar compensation fund.
indigenous women and girls enjoy the full
The Oppal Inquiry also recommended that the
protection and guarantees against all forms of
BC government establish a healing fund for the
violence and discrimination.44
families of the missing and murdered women
Canada has also failed to ratify the Belm named in its Terms of Reference. As of Decem-
do Par Convention, a convention among ber 2016, this had not been done.51
most countries in North and South America.
The Convention states that violence against The need for properly resourced
women is a violation of their basic rights and initiatives and programming to
fundamental freedoms, and that its the product address root causes of violence against
of historically unequal power relationships Indigenous women and girls.
between men and women. The Convention
requires signatory states (that is, those that These recommendations address the need for
I NTE R I M R EP O RT

ratify it) to commit to the prevention, punish- sustainable and long-term funding to close
ment, and eradication of all forms of violence the education, employment, housing, health,
against women.45 and mental health gaps between Indigenous
and non-Indigenous people in Canada. These
Canada has also not ratified the Indigenous recommendations call for adequate funding
and Tribal Peoples Convention (ILO 169),46 for Indigenous children in care and the need to
which recognizes the equality and human reduce the number of Indigenous children in
M M I W G N AT I O N AL I N Q U I RY

rights of Indigenous Peoples and requires states care. Finally, recommendations that fall under
to recognize Indigenous Peoples rights to this theme also address the need for program-
self-determination.47 ming for Indigenous mens healing that will
help break and prevent cycles of violence.
44

This does not appear to have been implemented. Nunatsiavut Government, and Nunavut
The federal government and many provinces Tunngavik signed an agreement with the
have strategies in place to address poverty, federal government in February 2017 to address
housing, education, employment, health, and the land claim process, socio-economic equity
mental health needs of the general population. issues, and collaboration on reconciliation
Some of these strategies recognize the unique between Canada and Indigenous peoples.56
challenges of Indigenous people. However, few
While these funding increases and agreements
mention the specific needs of Indigenous women,
are steps in the right direction, the pledged
girls, or LGBTQ2S people. The strategies that do
amounts fall short of Indigenous communities
recognize these unique challenges often fail to
needsand in several areas, Indigenous
include concrete actions to address these identi-
people still receive less funding than do
fied challenges. As a result, most of the recom-
non-Indigenous people. For example, the
mendations concerning the need to bridge these
federal government pledged $2.6 billion over
services gaps have not been fully implemented.
five years to address First Nations education
Over the last decade, federal funding had been gaps, but critics have said that that amount is
systematically cut from many Indigenous-spe- less than half of what is needed to bridge the
cific programs, as well as from Indigenous gap. Indigenous advocates argue the same is
leadership organizations.52 These funding cuts true for First Nations housing and employment
effectively closed the Aboriginal Healing Foun- training needs.57
dation, First Nations Statistical Institute, Nation-
Efforts to address the root causes of the dispro-
al Aboriginal Health Organization, and NWACs
portionate violence Indigenous women, girls
Sisters In Spirit Initiative, among others.
and LGBTQ2S people experience in Canada
However, over the last two years the federal will continue to be stunted until there is enough
government has increased its funding to funding to bridge socio-economic gaps between
Indigenous organizations and initiatives. them and the rest of Canada. More discussion
of these specific areas can be found below.
In 2016, the federal government promised to lift
its 2% funding cap on annual funding increases Sub-theme: the need for responsive,
for on-reserve programming. It also undertook accountable, and culturally appropriate child
to negotiate a new fiscal relationship with and family services.
First Nations.53 In 2017, the federal budget
In 2016, the Canadian Human Rights Tribunal
added to the First Nations funding promised in
(CHRT) found that the federal government dis-
2016, bringing total base funding for on-reserve
criminated against Indigenous children in care
programming to a planned $11.8 billion over
by providing less funding for them than for
the next six years. Much of this funding focuses
non-Indigenous children in care.58 The CHRT
on meeting clean water and housing needs on
held that this discrepancy perpetuated historic
reserve, improving mental health programs,
disadvantages, particularly the legacies of
and increasing financial support for Indigenous
residential schools. It also held that the federal
students, though this will mostly benefit those
government was failing to implement Jordans
with Indian Status.54
Principle,59 and that Directive 20-1a federal
The 2016 budget also marked the first time Mtis policy that determines how funding is provided
people were recognized and included in the to First Nations child welfare agenciescreated
federal budget: $25 million was pledged over five an incentive to remove Indigenous children
years for Mtis peoples economic development.55 from their families.
The Inuit Tapiriit Kanatami, Inuvialuit
Regional Corporation, Makivik Corporation,
45

WHAT IS This legal case, as well as a substantial number of


the reports we reviewed, recognizes strong links
JORDANS between the child welfare system and violence

PRINCIPLE?
against Indigenous women and girls in Canada.60
Implementation of existing reports rec-
ommendations on child welfare have been
extremely limited and slow. The federal
JORDAN RIVER ANDERSON government has also been slow to implement
WA S A F I V E-Y E A R- OL D B OY the CHRTs ordersin 2017, the CHRT issued
F R OM NOR WAY HOU S E CR E E its third non-compliance order to the federal
N ATION IN M A NIT OB A . government for failing to fully implement
Jordans Principle.61
He had compl ex medic al needs . He
spent his shor t l if e in a W innipeg While the federal government has promised
hospit al , even af t er doc t or s more funding to address child welfare issues
de t er mined he coul d go t o a f os t er and to ensure that there are equitable services
home. Jor dan died in t he hospit al for Indigenous children, the amount promised
w hil e t he pr ovincial and f eder al still falls far short of what families need.62
gover nment s ar gued over w ho Several provinces have conducted, or are in
shoul d pay f or his at-home c ar e. the process of conducting, extensive reviews
Jor dans P r incipl e is an al l-par t y of their child welfare systems. An independent
r esol u t ion of P ar l iament t hat is media investigation and two government
me ant t o r esolve t hese k inds of reports in Alberta found shocking conditions
int er -jur isdic t ional dispu t es . I t for Indigenous children in state care.63 The
s ays t hat if an Indigenous chil d province has since created a Standing Commit-
needs medic al ser vices, t hey mus t tee to examine this issue, but front-line workers
r eceive t hem immediat ely f r om and advocates are wary of the Committees
w hichever gover nment (f eder al or ability to create change.64
pr ovincial / t er r it or ial ) makes f ir s t
A comprehensive review of the child welfare
cont ac t . T he of f icial is sue of w ho
system in BC highlighted significant failings
had jur isdic t ion (t hat is, w ho pays
and made 85 sweeping recommendations
t he bil l ) woul d be r esolved l at er. IX
to overhaul the system.65 At the same time,
the provinces child advocate has expressed
concern over whether more reports could
really lead to meaningful change: in 2013,
I NTE R I M R EP O RT

she found that the province had spent $66


million over ten years discussing necessary
improvements to child welfare, but virtually
none of these reports recommendations had
been implemented.66
The Assembly of Manitoba Chiefs First Nations
M M I W G N AT I O N AL I N Q U I RY

Family Advocate Office has responded to the


fact that Indigenous children make up 90% of
Manitoba children in care by calling for better
community involvement and customary care
of Indigenous children (that is, where, as much
46

as possible, Indigenous children who need to on the sweeping legislative solutions that have
be removed from their immediate families been undertaken in the past.71
stay within their community or within their
Over the last several years, Indigenous-focused
extended family networks).67 Investigations
schools, such as the First Nations School of
into child welfare in Saskatchewan have also
Toronto and Thunder Bays Dennis Franklin
found an appalling lack of care for Indigenous
Cromarty High School, have emerged. These
children in the child welfare system. This has
schools support and promote students Indig-
been made worse by the fact that Saskatch-
enous identities. While this is an important
ewans child advocate has not regularly in-
development, it must be undertaken along with
formed the public about the increasing number
many other education reforms and initiatives
of children who have died while in Child and
to better support students well-being.72 Several
Family Services custody.68
provinces and territories have also started to
Investigations into child welfare in the include Indigenous Peoples history and culture
northern territories have found similar issues. more prominently in their school curricula.73
However, several unique factors impact chil-
drens well-being in the North. This includes
the practice of removing children from the INDIGENOUS CHILDREN ARE
territories to place them in group homes in S T IL L OV E R W HE L MINGLY
other provinces.69 OVERREPRESENTED IN ALL
PROVINCES AND TERRITORIES
Ultimately, while some jurisdictions are trying
WELFARE SYSTEMS.
to improve child welfare, Indigenous children
are still overwhelmingly overrepresented in all
provinces and territories welfare systems, and A particularly successful approach to decolo-
they still receive poorer services than non-In- nizing school curricula, teaching the history
digenous children in care. of residential schools, has been undertaken
in Nunavut. Inuit educators and long-term
Sub-theme: the need to bridge education
northerners helped develop this curriculum.
(primary to post-secondary), skills training and
Partnerships such as these recognize Elders
employment gaps between Indigenous people
roles in preserving Inuit traditional knowledge
and non-Indigenous people.
and passing it on to the next generation.74
These recommendations call for better-funded
Sub-theme: the need to address disproportionate
schools for Indigenous students and for school
rates of poverty among Indigenous people, and
curricula that includes Indigenous Peoples
Indigenous women specifically.
history and culture.
The federal government is developing a
Currently, First Nations students get 30% less
national anti-poverty strategy.75 All provinces
per-student funding than do non-Indigenous
and territories, other than British Columbia,
students.70 Indigenous students need more
have strategic plans to reduce their poverty
funding to help them succeed at school.
rates. However, few of these plans recognize
Advocates also underscore the need for a
Indigenous peoples unique challenges with
multi-pronged and incremental approach to
poverty, nor do they include specific measures
education improvements, rather than relying
to address their unique needs.
Sub-theme: the need to improve access to safe
housing (along the housing spectrum, from
emergency shelters to secure permanent housing).
47

Several reports have identified precarious Sub-theme: the need for programming for
housing, lack of access to shelters, and transien- Indigenous men to help break and prevent
cy as factors that contribute to violence against cycles of violence.
Indigenous women, as it makes them less able
There have been several programs that help
to leave violent situations.76
Indigenous men break cycles of violence over
In 2017, the federal government began a public the last few years, including:
consultation process to improve housing on
the Warriors Against Violence program
reserve.77 The federal government already has
in Vancouver, which receives modest
several programs to address Indigenous peo-
funding from the municipality;87
ples housing needs.78 However, these programs
effectiveness is clearly limited, as housing crises the Kizhaay Anishnaabe Niin program,
continue in many Indigenous communities. which operates in several communities in
Ontario;88 and
Alberta79 and the Yukon80 have housing plans Manitobas Aboriginal Mens Anti-
that include initiatives to reduce homelessness. Violence Campaign.89
These plans recognize that Indigenous people
are more at risk of experiencing homelessness The need for programming that
than is the general population. BCs Transfor- addresses violence against Indigenous
mational Change Accord and Mtis Nation women and girls led by Indigenous people,
Relationship Accord include a commitment to especially Elders, Two-Spirit people,
closing the housing gap between Indigenous Indigenous women, and Indigenous
and non-Indigenous people, and the BC womens organizations.
government has several strategies in place to
implement this commitment.81 However, much This does not appear to have been fully imple-
more needs to be done. mented. A recurring theme throughout most of
the reports under review was that Indigenous
Sub-theme: the need for accessible and people can and should determine how to
culturally appropriate health, mental health, respond to their own needs. Other recommen-
and addictions services for Indigenous women. dations stressed that Indigenous women must
After the 2016 CHRT decision was released, be actively involved in developing and provid-
Health Canada reviewed health care services ing services for other Indigenous women.90 We
for people living on reserve. The resulting will continue to examine this issue in detail as
report found that the government is failing to the National Inquiry moves forward, especially
provide adequate services and treatment.82 The through sessions and hearings with family
federal government has promised more funding members, survivors, and front-line workers.
for Indigenous health and mental health needs,
I NTE R I M R EP O RT

and to negotiate a new health accord with


Indigenous leaders.83
Several provinces have established health and INDIGENOUS PEOPLE CAN AND
mental health plans that recognize the specific SHOULD DETERMINE HOW TO
needs of Indigenous people. Examples include RESPOND TO THEIR OWN NEEDS.
Albertas Aboriginal Mental Health Frame-
M M I W G N AT I O N AL I N Q U I RY

work,84 Ontarios First Nations Health Action


Plan85 and the First Nations Health Authority
in British Columbia.86
48

The need for more information are other legislated forms of discrimination
concerning the performance of programs against Inuit and Mtis women that the Nation-
and strategies meant to address violence al Inquiry will continue to examine.
against Indigenous women and girls.

This does not appear to have been fully The need for more comprehensive
implemented. Reports have increasingly information sharing concerning violence
included recommendations on how to track against Indigenous women.
the implementation of recommendations.91 These recommendations concern governments
Despite this, much more work needs to be done and police agencies failure to share informa-
to make sure governments are transparent tion with the public. They also concern the lack
and accountable in their efforts to implement of communication between police and families
recommendations in commissioned reports, during investigations into missing or murdered
action plans, and strategies. loved ones. Finally, this theme also covers the
need for greater information sharing between
The need to reform discriminatory police departments, especially during (but not
legislation, including ongoing gender limited to) cases involving interjurisdictional
discrimination under the Indian Act and investigations.
gender discrimination under matrimonial
This does not appear to have been fully imple-
property laws on reserve, and the need
mented. Weve already discussed some of the
to ensure that discrimination under the
available statistics for missing and murdered
Indian Act can be heard by the Canadian
Indigenous women, girls and LGBTQ2S people,
Human Rights Tribunal.
as well as their shortcomings. More compre-
This appears to have been partially implement- hensive information sharing with the public
ed. However, despite being subject to decades is needed. While there is some indication that
of legal challenge, gender discrimination still new internal RCMP policies may improve
remains when it comes to who inherits Indian information-gathering efforts,96 much more
Status. The Descheneaux case92 and resulting action is required.
Bill S-393 address this issue to some extent but
Indigenous liaison officers have been proven to
still fall short of fully providing redress to those
create better communication with families of
who unfairly lost their Status. Advocates have
missing and murdered women.97 Ongoing and
protested the continuing delays in addressing
timely communication between the RCMP
this matter.94
and families was established as a best practice
On a more successful front, section 67 of the in the 2014 National Missing Persons Strategy.98
Canadian Human Rights Act was repealed in
2008, which prohibited the Canadian Human The need for better supported
Rights Tribunal from hearing allegations of community-based first response.
discrimination under the Indian Act. In 2013,
the Family Homes on Reserves and Matrimonial Recommendations that fall under this theme
Property Interests of Rights Act was passed to primarily address the need to provide better
address gaps in laws around the division of support to local search-and-rescue services.
matrimonial property on reserve after a death However, some recommendations also address
or divorce, gaps that had significantly disad- the overall need for better crisis response.
vantaged Indigenous women and children.95 This does not appear to have been implement-
While these developments address legislated ed. Many local search-and-rescue services
discrimination involving First Nations women, have been established in remote communities
and are generally tied to Indian Status, there and reserves because of inadequate immediate
49

police responses to missing persons cases. The need for measures to improve
However, most of these local search-and-rescue relationships between police services
services are underfunded and lack capacity. and Indigenous communities (including
survivors, families, and more vulnerable
First Nations can call states of emergency
Indigenous women).
when overwhelmed by natural disasters, health
epidemics, or other types of emergency. First This theme also includes the need for Indig-
Nations have also declared states of emergency enous liaison units and officers, as well as
during suicide crises.99 These declarations are culturally responsive and accessible victim
meant to trigger immediate help from federal, services. Depending on the reports, these
provincial, and territorial governments. How- recommendations concerned the RCMP as well
ever, government responses to declarations of as urban and provincial police services.
emergency on reserve continue to be poor.100
This does not appear to have been fully imple-
Indigenous communities need more sustained
mented. The strained relationships between
and long-term funding to address the root caus-
many Indigenous communities and local police
es for these emergencies rather than occasional
services are firmly rooted in what has been
emergency assistance.101 This option also doesnt
described as the historical role of police as
exist for many Inuit and Mtis communities, or
agents of colonization.105 For generations, po-
for many communities that are made up mainly
lice services have been responsible for enforcing
of Indigenous people but arent legally a reserve.
colonial and discriminatory laws and policies.
In 2016, the House of Commons created a Police forcibly relocated Indigenous communi-
committee to examine and report on suicide ties, removed Indigenous children from their
rates in Indigenous communities across the families, and arrested Indigenous people for
country. The Committee heard testimony exercising their rights.106 In some notable cases,
from over 50 Indigenous leaders, academics, police have threatened Indigenous peoples
health organizations and young people. Its safety, including via starlight tours, in which
final report contained 28 recommendations to police officers would drive Indigenous people to
address this issue and its root causes, including the outskirts of cities and expect them to walk
long-term funding investments to improve back, often without coats, at risk of dying from
housing, mental health services, education, and the cold in the winter. The RCMP, provincial,
an overhaul of child and family services for and municipal police forces continuing
Indigenous communities.102 failure to respond to the needs of Indigenous
communities has been well documented for
The need to better protect Indigenous decades, including at length in the RCAP, AJI,
women involved in survival sex work or and CEDAW reports.
who are being trafficked for sex. In 2013, Human Rights Watch travelled to
I NTE R I M R EP O RT

This does not appear to have been fully im- several communities in northern British
plemented. There have been several legal and Columbia and documented not only how
policy developments in this area over the last police failed to protect Indigenous women and
several years. In 2012, the federal government girls from violence, but also how Indigenous
introduced a National Action Plan to Combat women had been abused by the police. The
Human Trafficking. However, it fails to provide report found that Indigenous women, and girls
M M I W G N AT I O N AL I N Q U I RY

distinct measures to address Indigenous as young as 12, had been harassed by RCMP
womens vulnerability to trafficking.103 Also, officers, pepper-sprayed, tasered, attacked by
recent changes to Canadian prostitution laws police dogs, subjected to inappropriate strip
may have negative impacts on more vulnerable searches by male officers (called cross-gender
Indigenous women.104 police searches), and injured by excessive
force during arrests. The report also discussed
50

police failures to protect Indigenous women their complaint would not be taken seriously.
and girls from violence, such as police refusing This report noted that Indigenous girls and
to promptly investigate missing persons Two-Spirit people were particularly vulnerable
reports, blaming Indigenous women when they to police abuse, and that Two-Spirit people
reported instances of abuse, or shaming them seemed to be especially fearful of police retalia-
for alcohol or substance abuse. Importantly, tion for speaking out against police abuse.109
Human Rights Watch explained that while the
The similarities between Human Rights
RCMP has recently instituted more progressive
Watchs two reports point to country-wide
policies around domestic violence, police did
trends of police abuse. Indigenous womens
not appear to apply these policies in Indige-
claims of widespread physical and sexual abuse
nous communities.107
by the provincial police in Val dOr, Qubec,
In response to this report and others, the Civil- further highlight this trend.110
ian Review and Complaints Commission of the
In 2016, the Federal-Provincial-Territorial
RCMP conducted a review of policing practices
Ministers Responsible for Justice and Public
and policies in northern British Columbia. The
Safety finalized a nation-wide Framework to
Commission found evidence of widespread
Address Violence Against Indigenous Women
failures by RCMP officers in the region to
and Girls. The Framework prioritizes improv-
investigate missing persons cases quickly and
ing relationships between Indigenous commu-
thoroughly. It identified several policies that
nities and the justice system (including federal,
were outdated and inconsistent with recent
provincial, and territorial police forces). This is
developments of the law. The Commission
to be done partly by making police responses
also noted a lack of documentation in police
to family violence more trauma-informed, and
files concerning cross-gender strip searches
by taking the impacts of colonialism (including
and police officers use of force during arrests,
socio-economic marginalization and systemic
making it harder to keep police accountable.
discrimination) into account. The Framework
Importantly, the Commission also recognized also seeks to work with communities in a
the RCMPs lack of transparency and informa- holistic way by coordinating police services
tion sharing in following up on cases involving with other government departments, non-gov-
missing and murdered Indigenous women. ernment agencies, community-based organiza-
tions, and families. However, it doesnt specify
The report ultimately included 31 recommen-
how exactly they will achieve these goals.111
dations to improve policing in the region, 30 of
which were generally accepted by the Chief Also in 2016, the federal government reviewed
Commissioner of the RCMP.108 its First Nations Policing Policy. It needed a new
approach to policing in Indigenous communities
In June 2017, Human Rights Watch issued a
if it wanted to keep its commitment to returning
report documenting similar police failures in
to a Nation-to-Nation relationship with Indige-
Saskatchewan. This report evaluated the RCMP
nous Peoples. The review found that communities
and municipal police forces in Prince Albert,
generally recommended more preventative
Regina, and Saskatoon. Human Rights Watch
approaches to policing rather than reactive or
found that police officers across the province
punitive measures. Based on this and other
had degraded and abused Indigenous women,
feedback, the Ministry of Public Safety and Emer-
girls, and LGBTQ2S people, with cross-gender
gency Preparedness plans to prepare a new First
body and strip searches, excessive force during
Nations policing strategy some time in 2017.112
arrests, and police intimidation. The report
Feedback received by the Minister concerning
also pointed out that Indigenous women
this strategy underscored the importance of
tended not to report police abuses either out of
fear of police retaliation, or because they felt
51

including specific measures to address the unique These officers and units have been proven to
needs of Mtis and Inuit communities.113 improve trust between Indigenous communi-
ties and local police services. They also appear
Several reports, including the RCMP National
to be improving interactions between police
Overview, stress the importance of cultural
and family members of missing and murdered
competency training for police. Some jurisdic-
Indigenous women and girls. However,
tions have, to varying extents, implemented
inadequate funding prevents these important
such programs, but its difficult to judge how
services from expanding in many provinces
successful they are in changing attitudeses-
and territories, especially to rural and remote
pecially in light of reports of police officers
areas where they are sorely needed.118
being disrespectful to program instructors
during their training.114 Sub-theme: the need for culturally responsive
and accessible victim services.
Sub-theme: the need for a more
representative police force. In 2015, the federal government passed the Ca-
nadian Victims Bill of Rights. While the Bill is
Over the last five years, there have been
not specific to Indigenous people, it recognizes
initiatives to encourage the hiring of more
the rights of all victims of crimes (and of their
Indigenous police officers. One example is the
families) to information about the criminal
RCMPs Community Constable program in
justice system, information about the progress
Manitoba, which provides training for Indig-
of their cases, and access to programs that will
enous people to become Special Constables
help and protect them while their cases are
in their own communities.115 However, these
ongoing.119 Saskatchewan and British Columbia
programs need more support to encourage
have victim services specific to Indigenous
Indigenous people to join police forces and to
people.120 In other provinces, First Nations
retain Indigenous officers.
or community organizations have stepped in
Sub-theme: the need for Indigenous liaison to help Indigenous victims of crime.121 This
officers and units in local police forces. year, Ontario began consulting on the needs
of Indigenous communities to create specific
While there are approximately 70,000 police
victim services programming.122
officers in Canada, fewer than 2,000 work
in Aboriginal policing (that is, policing in
Indigenous communities and is not limited The need for more responsive,
to reserves).116 Currently, Toronto, Winnipeg, transparent, and accountable policing:
Vancouver, Sudbury, Thunder Bay, Calgary, investigations, prosecutions, and
Montreal, and other cities all have Indigenous oversight.
liaison officers who address unique public safe- This theme covers the need for more immedi-
ty needs of Indigenous people living in those
I NTE R I M R EP O RT

ate, proactive, and thorough investigations into


cities. Certain provinces, such as Saskatchewan, Indigenous womens deaths and disappearanc-
also have missing persons liaison officers. The es, the need for more effective prosecutions of
RCMP also employs Mtis liaison officers in the perpetrators of violence against Indigenous
seven of its Divisions.117 women and girls, and the need for more inde-
pendent police oversight.
M M I W G N AT I O N AL I N Q U I RY

As will be discussed in more detail below, these


INADEQUATE FUNDING recommendations do not appear to have been
PRE VENT S THESE IMPORTANT fully implemented.
SERVICES FROM EXPANDING.
Sub-theme: the need for more immediate,
proactive, and thorough investigations into
52

Indigenous womens and girls deaths women, although they make up many of
and disappearances. the cases it reviews.
The RCMP has reviewed and updated its Miss-
ing Persons Strategy, developed a new Missing Its hard to assess just how well the police are
Persons Intake Form, and is starting up a implementing these recommendations, since
mandatory course for officers who investigate many internal police policies are not made
missing persons. These are all measures in- public. Its also difficult to assess how well these
tended to make sure police are more responsive newly introduced policies are being followed by
to missing persons cases and that they collect police officers on the ground.
better information from the start.123 However, the National Inquiry will continue
Over the past several years, the RCMP and to look into these initiatives and examine how
certain municipal police departments have effective they are at addressing systemic failures
created special investigative units focusing on in the investigations into cases of missing and
missing and murdered women: murdered Indigenous women and girls.

The RCMP established Project KARE Sub-theme: the need for more comprehensive
in Edmonton to review and investigate and independent police oversight.
the deaths of vulnerable missing persons These recommendations called for a simpler
in the city. KARE has since grown and and clearer process for Indigenous women to
its reviews and investigations span the launch complaints of misconduct against police
whole province. KAREs growth also officers without fear of retaliation. Recommen-
led to the establishment of the RCMPs dations also called for more civilian oversight
Missing Persons Unit in Alberta, of police, and for Indigenous people to be part
the Alberta Missing Persons and of these police oversight bodies.
Unidentified Human Remains initiative,
and a specialized victim services In 2007, BC commissioned a review of its police
coordinator. While these programs may complaint processes. The report found that:
help Indigenous women and girls, they the public did not generally know how
do not specifically apply to them.124 to make a police complaint, and that
The RCMP and Winnipeg Police Service outreach initiatives had failed to fix
created Project Devote in Winnipeg to this problem;
investigate unsolved missing persons there was a lack of consistency
and homicide cases that involved between RCMP and municipal police
victims who fit certain risk criteria. oversight processes;
The project also includes a family liaison the public was not generally confident in
contact to inform family members the oversight bodies that existed; and
of any developments in ongoing
of the complaints that were investigated,
investigations.125 Again, while this project
one-fifth of those investigations did not
may benefit the families of Indigenous
meet reasonable quality standards.127
women victims, it isnt a specific response
to cases of missing and murdered
Whether or not BC has adopted or implement-
Indigenous women.
ed these recommendations is unclear.
The RCMP established Project E-Pana in
northern British Columbia to investigate A more recent police oversight report found
unsolved disappearances and murders that Indigenous communities in northern
along the Highway of Tears.126 Again, this Ontario often couldnt make a police complaint
initiative is not specific to Indigenous due to their remoteness and language barriers
53

(complaints processes are often unavailable PRELIMINARY


in Indigenous languages). It also found that
CONCLUSIONS
Indigenous communities did not generally have
confidence in existing oversight mechanisms If they are serious about ending violence
and were afraid that the Ontario Provincial against Indigenous women and girls, political
Police (OPP) would retaliate if they launched jurisdictions will have to improve their abil-
police complaints. Finally, it noted a jurisdic- ity to work together. Over half of the 1,200
tional gap in the provinces legislation that recommendations in existing reports either
effectively exempted First Nations constables specifically call for better interjurisdictional
from being accountable to any oversight bodies cooperation among federal, provincial, and
at all.128 territorial governments, or apply jointly to
federal, provincial, and territorial governments
(meaning these jurisdictions would have to
COMMUNITIES IN NORTHERN cooperate with each other).
ONTARIO OF TEN COULDN T
MAKE A POLICE COMPLAINT Collaboration and coordination between
DUE TO THEIR REMOTENESS Canadian and Indigenous governments is just
AND LANGUAGE BARRIERS. as important. Several recommendations include
action items for Indigenous governments, or for
Indigenous governments together with Canadian
A review of policing in the Yukon made similar federal, provincial, and territorial governments.
findings. It included recommendations on
what people could do if they were mistreated Interjurisdictional cooperation is essential to
by the police. The review also recommended fully implement recommendations concerning:
involving more civilians in police oversight national action plans and strategies
bodies, to better ensure their independence, to address violence against
and that reviews of RCMP conduct always be Indigenous women;
undertaken by non-RCMP bodies.129 While no national awareness campaigns;
implementation updates are yet available for
policing in areas where provinces have
the Ontario report, the last partial implemen-
contracted the RCMP;
tation update for the Yukon report was publicly
greater cooperation between police
released in 2012.130
departments on interjurisdictional
investigations;
The need for properly resourced and
better data collection and sharing by
accessible community and restorative
police departments across
justice measures.
jurisdictions; and
I NTE R I M R EP O RT

This does not appear to have been fully imple- child welfareespecially fully
mented. While community justice initiatives implementing Jordans Principle.
have increased since the Gladue decision,131
many programs are underfunded132 and in On top of this, entering into international
certain cases are too restrictive to properly treaties involves interjurisdictional negotiation,
reflect Indigenous understandings of justice.133 and fulfilling international human rights obli-
M M I W G N AT I O N AL I N Q U I RY

gations requires all jurisdictions to meet certain


minimum standards, or due diligence.
54

In terms of knowledge gaps, its important to


note that few of these reports address Mtis THE INEQUALITIES
and LGBTQ2S people explicitly. Several reports THAT UNDERLIE THIS
refer to Aboriginal women, explaining that V IOL E NCE S T IL L E X IS T.
they include Mtis, First Nations, and Inuit
women. However, these reports dont tend
to discuss challenges or experiences that are
Generally, most progress on existing recom-
unique to Mtis people.
mendations has been around:
Mtis women and girls clearly experience more
governments commitments to
violence than do non-Indigenous women and
prioritizing efforts to address violence
girls in Canada, and pervasive racist and sexist
against Indigenous women and girls;
stereotypes, as well as poorer socio-economic
conditions, make them more vulnerable to governments commitments to fully
violence. Without a more detailed assessment cooperate with the current National
of the unique challenges Mtis women and girls Inquiry; and
face, these reports recommendations will not governments promises to institute a
be as effective for them.134 This is a knowledge national awareness campaign.
gap that will need to be filled in order for the
National Inquiry to make specific recommen- While these declarations are important first
dations concerning the safety of Mtis women steps in ending the disproportionate violence
and girls. experienced by Indigenous women, girls, and
LGBTQ2S people, they wont end this violence
by themselves. They will be proven to be
MTIS WOMEN AND GIRLS disingenuous if they are not accompanied by
CL E A R LY E X P E R IE NCE meaningful action.
MORE VIOLENCE THAN DO
There is little public evidence to be found of
NON-INDIGENOUS
more substantial action on implementing these
WOMEN AND GIRLS.
several decades worth of recommendations.
Perhaps one of the starkest examples of this
Violence against Indigenous people who are inaction is the repeated calls, over the course
LGBTQ or Two-Spirit is also understudied. of more than a decade, for better public trans-
These communities have been noticeably portation along the Highway of Tears. Limited
marginalized in the literature we reviewed, public bus service along a small portion of the
even with evidence that Indigenous LGBTQ2S highway became operational only in 2017,136
people experience especially high rates of and now Greyhound is applying to drop its
violence due to high rates of homelessness, routes along Highway 16.137 No short-term
homophobic and transphobic biases in the shuttle buses or any other interim measures
health care system, and a lack of expertise have been taken to protect Indigenous womens
in LGBTQ services for Two-Spirit and other safety until such time as the entire highway has
Indigenous gender or sexual minorities.135 public transit service.
More research going forward will help us make
Insufficient government funding continues
specific findings and recommendations to end
to be a major roadblock to implementing
violence against Indigenous LGBTQ2S people.
many of these recommendations. Even should
adequate funding become available, the way it
is provided can reinforce colonial, paternalistic
55

relationships between Indigenous Peoples and workers, as well as in the Institutional Hearings
Canadian governments, rather than supporting with police representatives.
Indigenous Peoples self-determination.
Finally, the overrepresentation of Indigenous
Efforts to address the root causes of dispropor- women in the justice system has been a concern
tionate violence against Indigenous women and for decades. It figures prominently in previous
girls have been stunted for decades by budget reports recommendations. However, in many
cuts and funding caps. While the last two years provinces and territories this issue appears to
may signal a change in federal attitudes toward be getting worse.
this spending, we cant say the same of all
Going forward, we will continue to examine
provinces. Despite numerous recommendations,
building on past workpersisting impediments
made over several decades, to address root
to justice for Indigenous women, girls, and
causes of violence against Indigenous women
LGBTQ2S people.
and girls, few have been implemented, and the
inequalities that underlie this violence still exist. Real partnerships that respect Indigenous
self-determination will be crucial to the
implementation of these recommendations.
RE AL PARTNERSHIPS THAT The National Inquiry believes that all
RESPECT INDIGENOUS SELF- recommendations aimed at ending violence
DE TERMINATION WILL BE CRUCIAL and keeping Indigenous women, girls, and
TO THE IMPLEMENTATION OF LGBTQ2S people safe must recognize the
THESE RECOMMENDATIONS. inherent jurisdictions of Indigenous Peoples
and include proper resourcing of solutions
from Indigenous communities and Nations.
Certain initiatives to improve policing
This is a true decolonizing approach.
practices, as well as court diversion programs
and justice programming, are also stunted by
insufficient funding. This deficiency exacerbates
rather than improves the unresponsiveness of
the justice system to the needs of Indigenous
women, girls, and LGBTQ2S people.
There may have been some progress in imple-
menting recommendations on improving rela-
tionships between the RCMP and Indigenous
people, at least at the policy level. However, it
is difficult to assess whether these initiatives
are truly working or not. Importantly, there
appears to be little movement in implementing
recommendations that would increase police
oversight (in the RCMP as well as in provincial
police forces) and independent mechanisms to
address police misconduct, including towards
Indigenous women, girls, and LGBTQ2S
people. We will continue to look into these
issues, especially during future meetings with
survivors, family members, and front-line
56

One of my blessings [is] my mom.


Shes a storyteller. Like, you
wouldnt know it to speak to her
unless youre beading with her or
working on regalia or going for a
drive or sitting around a campfire,
but she tells stories and she tells
them well. And so through her
eyes Ive been able to see some
things about my own people.
H E A T H E R A L L E N , FA M I LY T O B A R B A R A J A C K , W H O W E N T
M I S S I N G I N T H E E A R LY 1 9 7 0 S . H E R R E M A I N S W E R E L A T E R
F O U N D O N G R E Y M O U N TA I N . F R O M T H E N A T I O N A L I N Q U I R Y S
C O M M U N I T Y H E A R I N G I N W H I T E H O R S E , J U N E 1 , 2 0 1 7.
OUR WOME N AN D GIR LS A RE SAC R ED

CHAPTER 4

Our Story
UNFOLDS

THE TRUTH-GATHERING individuals, families, survivors, communities,


PROCESS front-line workers, and local regional and
national Indigenous organizations to receive
As a federal public inquiry, the National advice and direction moving forward.
Inquiry is mandated to hold public and
Part I (Community Hearings) will focus
private (in camera) hearings across Canada.
on the truth gatherings involving:
The goal is to gather information (through
witness testimony, independent research and family members of Indigenous women
subpoenaed evidence), to produce findings and girls who have suffered violence, or
of fact, and to make recommendations on who have been murdered or are missing;
the issues set out in its Terms of Reference. Indigenous female survivors of violence;
This process is rooted in Western law. and
I NTE R I M R EP O RT

Because we are working to decolonize the Na- members of Indigenous communities of


tional Inquiry process itself, we have changed those family members and/or survivors
the traditional hearing process to one that bet- of violence on the matters defined by our
ter reflects Indigenous laws. To differentiate this mandate, including the systemic causes
new format from that of previous inquiries, we of all forms of violence experienced by
have called it the Truth-Gathering Process. Indigenous women and girls.
M M I W G N AT I O N AL I N Q U I RY

The Truth-Gathering Process encompasses Part I will also hear evidence on


three phases of the National Inquiry, as out- practices and policies that:
lined in the National Inquirys The Legal Path:
Rules of Respectful Practice. It also encompasses have contributed to, or helped
how the National Inquiry is engaging with reduce, Indigenous women and girls
58

vulnerability to violence, or have made multiple truths.1 This approach is different


them safer; and than truth finding, which seeks a conclusion
suggest ways to honour and commemorate based on a single truth. The National Inquiry
the lives of those weve lost. recognizes that there are multiple truths that
need to be shared, not one absolute truth. It
Part II (Institutional Hearings) of the Na- is our hope that this will create opportunities
tional Inquiry will focus on truth gatherings for families who have lost loved ones and
by hearing from grassroots organizations, survivors of violence to share their stories in
Indigenous and non-Indigenous institutions, a culturally safe and trauma-informed way.
governments, police authorities, child welfare In our process, no form of truth gathering is
authorities, and others. These truth gatherings more important than, or outweighs, any other.
will focus on important subjects such as police
investigation practices, child welfare models
and applications, sexual assault prevention and COMMUNITY HEARINGS
response strategies, community empowerment, Because of our families-first approach, we are
and institutional forms of violence, including starting the hearing process with Community
systemic racism. These truth gatherings will Hearings. Here we will hear from people
seek to expose the underlying causes of system- who have experienced violence firsthand and
ic violence and reveal strategies and practices know what will or wont help keep them safe.
that have been successful in reducing the
incidence of violence or responding to violence The way we have structured these hearings
experienced by Indigenous women and girls. reflects Indigenous understandings of stories in
the oral tradition. By reframing our process as
Part III (Expert Hearings) of the National a truth-gathering rather than a truth-find-
Inquiry will hear from experts who have opin- ing one, we have been able to create many
ions, observations, and analysis concerning the different opportunities for people to share their
underlying systemic causes of violence experi- experiences. People can publicly or privately
enced by Indigenous women and girls. We will share their story in front of one or more of the
also hear about the role institutions and their Commissioners at a Community Hearing. They
practices play in either reducing or responding can do this individually, as a family, or within
to the incidence of violence or, conversely, a sharing circle. When giving a statement, the
contributing to the ongoing systemic causes person sharing can choose to give the statement
of violence. These truth gatherings will seek to privately (only the Commissioners, parties
gather knowledge from a broad range of experts with standing, and Inquiry staff will see it) or
including those who have direct experience give permission for their story to be shared
within and concerning the institutions as with the larger public. Any safety or privacy
they relate to systemic causes of violence, and concerns will be discussed with the Legal Team
those who have studied the institutions. in advance. This may be the safest and most
We recognize that the term hearing is a comfortable option for people who do not want
Western legal one, which may re-traumatize public attention, or who would prefer to share
some family members and survivors who have their truth in their own home communities.
had negative interactions with the legal system. Statement takers will also travel to commu-
However, the idea of a hearing is familiar to nities to meet with Indigenous women, girls,
many people who have participated in past and LGBTQ2S people in prison, living on
processes such as the AJI, RCAP and TRC. the street, working in the sex trade, or people
By framing our hearings as part of a larger who have otherwise been separated from their
Truth-Gathering Process, we are adopting an communities, and so cannot easily (or safely)
Indigenous conceptualization of gathering participate in the Community Hearings.
59

Lastly, people may share their story through


any form of artistic expression they choose,
WHAT IS including visual art, music, song, poetry, film,

STANDING?
or other. All artistic expressions gathered
through this process will be documented ac-
cording to the donors wishes and will become
part of the National Inquirys Legacy Archive.

In a publ ic inquir y, having s t anding All of these forms of truth-sharing are considered
gives you t he r ight t o par t icipat e evidence and will inform the Commissioners
in dif f er ent ways . T his incl udes final recommendations and findings of fact.
t he r ight t o at t end event s, ask
Ceremony has been incorporated into
ques t ions of w it nes ses, r eques t
the Truth-Gathering Process, and we will
copies of publ ic t r anscr ip t s, and
decide where to hold Community Hearings
make cl osing s t at ement s t o
with a view to Indigenous values.
hel p shape t he publ ic inquir y s
f indings and r ecommendat ions . We will continue to set up Community Hearing
spaces in safe ways that are culturally recog-
FA M I LY M E M B E R S A N D S U R V I V O R S
nizable to Indigenous people. Participants will
DO NO T NEED S TA NDING T O sit in a circle, with Commissioners on one side
PA RTICIPATE IN THE COMMUNIT Y of the circle, facing family members, and with
HEARINGSALL ARE WELCOME. no table or barriers between them. This set-up
Y OU M AY A L S O PA R T ICIPAT E IN is significantly different to the one used in a
T H E F O R M O F A S T O R Y O R A R T. Western courtroom. Part of our trauma-in-
formed practice is to encourage participants
to have support people with them during their
sharing. Support people may be other family
members or friends, counsellors, or Elders.
When providing testimony to the Commission-
ers (or statement takers), everyone will be given
the choice to provide their oath, or promise that
they will share honestly, in the way that is ap-
propriate to them. Options include swearing on
a Bible, providing an affirmation, using an eagle
feather to make a commitment to truth sharing,
or any process that is appropriate to the person,
I NTE R I M R EP O RT

region, Nation, or territory. The Commissioners


may also hear from someone not under oath
or affirmation if they determine that this is
consistent with a trauma-informed process.
The Commissioners will also solemnly affirm
to listen with an open heart, an open mind,
M M I W G N AT I O N AL I N Q U I RY

and free from prejudice. This has been named


the LaDue Oath, after family member Shaun
LaDue, who first introduced it at the
Community Hearing in Whitehorse.
60

We honour and respect these stories as sacred. EXPERT HEARINGS


There is no cross-examination for families
We are holding a series of Expert Hearings
and survivors as there would be in other
on key topics that will inform the work of
public inquiries or in a courtroom. This is
the National Inquiry. These are also public
not only part of a decolonizing approach,
education opportunities for all Canadians.
but also foundational to a trauma-informed
approach that seeks to do no further harm. Instead of valuing only Western definitions of
experts, we will bring together Elders and
We have ten Community Hearings planned
Knowledge Keepers alongside academics, legal
for this year, ending in December 2017. In
experts, front-line workers, young people,
early 2018 we will continue to hold hearings in
specialists, and others.
a variety of locations where we are welcome,
including rural and remote communities. The format of these hearings will be flexible.
They will include circles, public panel presenta-
tions, and individual opinions and recommen-
INSTITUTIONAL HEARINGS dations. National Inquiry lawyers and parties
Institutional hearings will start in early with standing will be able to ask questions of
2018. They are called institutional because the experts (cross-examine them) to get their
this is where we will be inquiring into recommendations on how the Inquiry can best
the systemic causes of institutionalized use the knowledge theyre sharing, and how it
violence, and the policies and practices affects systemic causes and possible solutions to
that could keep women and girls safe. violence against Indigenous women and girls.
There may also be workshops or circles to dis-
We will examine policing practices and
cuss key concepts with Grandmothers, Elders,
relationships with Indigenous communities
Commissioners, and parties with standing in
and hear from coroners, Crown and public
the presence of family members and survivors.
prosecutors, child welfare agencies, health
authorities, school boards, and others. The These Expert Hearings are meant to help the
National Inquiry will also hear from grassroots National Inquiry get specific information on
and community organizations (both Indige- complex issues that will help shape the National
nous and non-Indigenous) on their knowledge Inquirys research, findings, and recommen-
and on-the-ground experience with the colo- dations. They are also an opportunity for
nial policies that still shape so many womens survivors and family members to learn more
lives. To do justice to the women warriors about how their experiences and the expe-
who have called for this Inquiry for decades, riences of their loved ones fit into the bigger
we must listen to the people who have been picture of an abusive colonial relationship.
working on the front lines to produce concrete
Expert Hearings on Indigenous laws, decol-
solutions to end violence and help Indigenous
onizing perspectives, human rights, interna-
women reclaim their power and place.
tional law, and the United Nations Declaration
These hearings will still involve witnesses sharing on the Rights of Indigenous Peoples (UNDRIP)
with the Commissioners, but there may be some will provide the framework pieces that will
respectful questioning allowed under The Legal help inform the National Inquirys analysis
Path, including from parties with standing. and reasoning. Indigenous laws and human
rights are essential to our work. They help
inform our decolonizing, gendered, culturally
specific, and rights-based approach. Their
expertise will add to the foundation created by

P H O T O : Arctic cotton (suputi).


63

previous inquiries and reports by providing RESPECTING PROTOCOLS,


more of the theory and principles that will SYMBOLS, AND CEREMONIES
guide the National Inquirys research, findings,
and final recommendations. Expert hearings The red willow basket
are underway and will continue into 2018. The National Inquiry will include the
Miskwaabimaag Basket (red willow basket) at
each of the hearings to symbolize the process of
STANDING
gathering truths.
We have granted standing to persons or
groups who have demonstrated that they For many Indigenous people throughout
have a substantial and direct interest in the world, baskets are used to gather things
the subject matter of the National Inquiry, that support mino-biimaadiziwin (the good
according to the Terms of Reference.2 We have life of all beings, according to Anishinaabe
also granted standing to parties who do not teachings). They are a commonly used
have a direct and substantial interest in the Indigenous symbol for gathering.
subject matter of the National Inquiry, but A red willow basket represents kwe (women); it
who represent distinct interests, and whose symbolizes our continued connection to land,
expertise and perspective will be essential for language, and culture through the ceremonies
the National Inquiry to fulfill its mandate. and teachings of our Grandmothers or Elders.
Standing has been granted on a regional and/ It is a visible reminder of womens important
or national basis, as defined by The Legal Path: role in building, strengthening, and repairing
Rules of Respectful Practice. While everyone is relationships as part of the reconciliation
welcome to attend the public National Inquiry process. As the National Inquiry undertakes
events, for those parties granted funding, they its work, the basket will hold all the truths
are able to hire lawyers to represent them in that we gather. These stories are teachings that
non-witness roles before the Commissioners will help us learn to work together towards a
such as exercising the right to ask questions, collective good life.
where permitted, of witnesses. Parties who The National Inquirys red willow basket
do not wish to hire lawyers can exercise was created by a group of Indigenous kwe
these rights without lawyers. There are two (women) in Manitoba, called the Miskwaa-
categories of standing: National and Regional. biimaag collective (red willow collective).
National standing entitles parties to attend and They gifted this basket to the National
exercise rights at truth gatherings which are Inquiry to help us honour the stories of loved
national in scope, whereas regional standing ones, families, and survivors of violence.
entitles parties to attend and exercise rights
at truth gatherings which are regional in Other baskets, gathering, or carrying vessels
I NTE R I M R EP O RT

scope. For example, most Part I Community may be gifted to the National Inquiry to
Hearings will be regional because they only represent specific regions and Nations that
hear from families and survivors from that will be part of the Truth-Gathering Process.
particular region, whereas many Expert
Hearings will be national because the experts The qulliq
will come from across the country and will Another ceremonial item we have incorporated
M M I W G N AT I O N AL I N Q U I RY

be addressing issues which are national in into the Truth-Gathering Process is the
scope. Only those parties who demonstrated qulliq (Inuit lamp). It symbolizes Inuit
financial need were granted funding. womens strength, care, and love.
The qulliq represents the light and warmth
provided at the hearth. The Inuit womans
P H O T O : The National Inquirys red willow basket.
64

lamp is made for her by her husband. Then,


as the owner, she becomes the flame keeper. NOTE FROM
The soapstone lamp is shaped in a half-moon THE GIFT
to hold oil for burning. The oil is poured in,
and then a mix of Arctic cotton (suputi) and
OF SEEDS
moss (maniq) is delicately placed along the
groove. This wick then absorbs the oil and can
be lit. Once lit, the wick burns slowly. It should IN S O M A N Y OF OUR CULT UR E S ,
be tended to occasionally with a hook-shaped GIVING AND RECEIVING GIFTS
tool, the taqquti. Inuit women have sewed by IS KEY TO BUILDING A GOOD
it and made warm clothes for their families. R E L A T I O N S H I P. I T I S A N H O N O U R
They have cooked by it, dried wet clothes,
TO SHARE THESE SEEDS WITH
melted ice, boiled water, and created warmth
YOU, JUST AS IT IS AN HONOUR
and energy by always tending to its light.3
TO RECEIVE THE KNOWLEDGE
We will light the qulliq at each Community Y O U V E S H A R E D W I T H U S T O D A Y.
Hearing, and at other times when it is appropriate
for Inuit participants. We hope it will shine light WE HOPE OUR R EL ATIONSHIP
into the survivors and families journey forward. WILL CONTINUE ALONGSIDE
T HE S E S E E D S , S O P L E A S E S TAY
The gifts IN TOUCH! IF YOU WOULD LIKE
The National Inquiry will provide gifts of TO SHARE PHOTOS OR STORIES
reciprocity to those who participate in the OF THESE SEEDS A S THE Y GROW,
Truth-Gathering Process. This gift giving PLEASE SEND THEM TO [SENIOR
symbolizes the relationship we hope to A RCHIV IS T ] PE TR A T URCO T TE AT
maintain between the National Inquiry and the P. T U R C O T T E @ M M I W G - F F A D A . C A .
people who share their truth with us. I N T H I S W A Y, W E C A N C O N T I N U E
In many Indigenous cultures, gift giving TO GIVE LIFE TO THE TRUTH.
and reciprocity are important elements for Fr om t he no t e t hat accompanies
building and maintaining good relationships. e ach Nat ional Inquir y gif t of seeds .
Reciprocity acknowledges a mutual exchange
of benefits or privileges. This exchange is
expressed through the act of exchanging gifts.
The stories people share with us are gifts that
will meaningfully help the National Inquiry.
They should be acknowledged, respected, and
treated as such.
Indigenous Peoples continue to use gift
giving in ceremony to mark important events,
redistribute material wealth, and honour social,
economic, and political relationships. Gift
giving should not be understood in monetary
terms. It is an honour to share what one has,
just as its an honour to receive.
65

As a decolonizing practice, gifting honours medicines, and White Yarrow is known as a


Indigenous worldviews, knowledges, histories, good womens medicine, traditionally been
and experiences. When we follow these used by Indigenous Peoples throughout North
practices as part of the Truth-Gathering America. We added in wildflowers: Blue Aster,
Process, we demonstrate that the National Forget-me-nots and the brilliant Fireweed,
Inquiry values the knowledge being shared and which is the first to grow in a burned areaa
that we will treat that knowledge as sacred. powerful symbol of healing and rebirth.5
Gift giving is also a demonstration of resistance
and resurgence. Historically, colonial agents did OPENING THE PROCESS
not understand Indigenous gift-giving practices
Many of our National Inquiryspecific
and placed little value on gifting. In attempts
approaches, as well as our challenges, were in
to assimilate Indigenous Peoples, the Canadian
evidence in the first Community Hearing.
state passed legislation restricting the practice.
Nevertheless, Indigenous Peoples have contin- The Community Hearing in Whitehorse,
ued to acknowledge the importance of reciproc- from May 29 to June 1, 2017, allowed us to
ity and have maintained gift-giving practices. accomplish several key goals: it gave families
and survivors a platform to share their
Gifting should also be viewed as part of the
stories, it allowed us to share those stories
trauma-informed process. It acknowledges
(as directed) with others across Canada, and
a persons time and experience. It lets people
it opened the Truth-Gathering Process.
know that they have been heard, and allows
them to use that knowledge to work towards The family members and survivors who shared
healing. It honours the relationship between in Whitehorse hold a special place in the Na-
them and the National Inquiry, so that people tional Inquiry. They went first, which is both an
can feel culturally strong, supported, and safe.

For Inuit, the National Inquiry is gifting


suputi (Arctic cotton) and mamaittuquti
(Labrador tea).4 Suputi keeps the qulliq We were able to honour local protocols and
lit, and mamaittuquti can be enjoyed ceremony by opening the hearing with a
anytime, but has traditionally been used as potlatch feast and songs of healing and spiritual
a remedy for colds and stomach pains. prayer.6 Originally, the hearings were to be
Our gift for Mtis and First Nations participants held at Yukon College, but the venues roof had
is seeds. In the same way that we hope this is just structural problems. What might have been a
the beginning of an ongoing relationship with disappointment turned out to be a blessing: we
the National Inquiry, we hope these seeds will held the hearings instead in tents at the Kwan-
lin Dn Cultural Centre, on the traditional
I NTE R I M R EP O RT

take root and grow. It is our hope that families


and survivors, if they wish, will keep us informed land of the Taaan Kwchn and the Kwanlin
on how the seeds are growing through pictures, Dn Nations. Many families, supporters, and
social media, and in-person conversations. staff told us that being by the river with a sacred
fire nearby was both soothing and healing. We
We have chosen different types of seeds to gift, already knew that ceremony was critical to this
depending on the region: Strawberry, White Truth-Gathering Process, but our experience
M M I W G N AT I O N AL I N Q U I RY

Sage, Blue Aster, Forget-me-nots, Fireweed in Whitehorse confirmed this teaching.


and White Yarrow. Strawberries were chosen
The stories we heard in Whitehorse also began
because many Indigenous groups associate
to confirm key research themes we had identi-
the strawberry with womens teachings.
fied earlier, including:
White sage is one of the sacred Indigenous
66

the intergenerational legacy of residential


schools, including self-harm; PREPARING
police authorities attitudes towards THE SACRED
TOBACCO
family members of missing and
murdered women and girls;
the role of new practices being
implemented by the police to improve
this relationship; and In t he days bef or e t he Communit y
the lack of, or denial of, supports for He ar ing in W hit ehor se, G w ichin
women, girls, and LGBTQ2S people close E l der R andal l Te t l ichi l ed swe at
to their own communities. l odge cer emonies f or t he Nat ional
Inquir y and t wo o t her gr oups
There were challenges as well. One of shar ing t he s acr ed f ir e.
the biggest was de-centring Western and
WE BROUGHT PRINTS (CLOTH )
Canadian concepts of law and re-centring
AND TOBACCO, WHICH WAS USED
Indigenous ones. Some issues, such as
how we handled exhibits, were addressed T O CR E ATE T OB ACCO OFFER INGS
almost immediately. However, there were FOR THE HEARING. THE TOBACCO
still difficulties around balancing the rights W O U L D B E P R O P E R LY P R AY E D
of parties with standing with privacy OVER IN FOUR ROUNDS.
interests and the swearing of oaths. T he f ir s t r ound was t hank ing t he
Other roadblocks remain. As we write the Cr e at or t hr ough gif t s and pr ayer.
Interim Report, the software we need to Her e we al so s t at ed our int ent ion. T he
do in-depth analyses of the Community second r ound was f or hel ping o t her s
Hearing transcripts is not yet in place. (al l peopl e need t o do good wor k , and
However, we will continue engaging accep t al l peopl e r egar dl es s of t heir
in this work for the Final Report. we ak nes ses). T he t hir d r ound was
pr ay ing f or famil ies ex per iencing l os s
Some key voices were not as present as they (t he famil ies at t ending t he he ar ings,
had been in advisory meetings and commu- and t he famil ies of s t af f ), peopl e
nity visits. These were the voices of front-line w it h addic t ions, ment al he alt h, and
workers and grassroots organizers, those o t her he alt h is sues . T he f our t h r ound
who see, on the ground, how these issues was abou t pr ay ing f or our selves
affect women and girls every day. Many of so t hat we c an hel p our famil ies
them attended the hearing or shared their and o t her s and show gr at it ude t o
stories in their capacity as family members t he Cr e at or and gr andpar ent s . T he
or survivors. But they did not share their cl o t h and t obacco was t hen hand
experiences and solutions as front-line workers, w r apped int o smal l nav y and w hit e
in order to keep their stories separate from t obacco t iesnav y t o r epr esent t he
those of survivors and family members. mis sing and w hit e t o r epr esent t hose
While front-line and institutional work will mur der ed. T hr oughou t t he he ar ing,
be part of the Institutional Hearings, there t r adit ional f ir e keeper s showed peopl e
may have been missed opportunities to hear how t o make a t obacco of f er ing in
about some community best practices at memor y of someone t hey l oved.

P H O T O : The Kwanlin Dn Cultural Centre,


site of the Inquirys Whitehorse Community
Hearing, May 29June 1, 2017.
69

the Community Hearing in Whitehorse. Indigenous womens perspectives as holders of


For example, some initiatives in the Yukon inherent, Treaty-based, and human rights, and
include land-based healing and treatment by adopting a decolonizing, trauma-informed,
programs, Indigenous-led child and family and families-first approach. This is outlined
welfare programs, and community efforts in our research plan, available online.
that, in one First Nation, have reduced
Our more detailed research strategy, called
calls to police by 40% in one year.7
the Paths of Inquiry, sets out our future
We recognize that for many front-line workers, research goals based on our review of the
their life experience is the reason they do pre-Inquiry process, the National Inquirys
the work they do. For this reason, the hard advisory meetings, academic literature, and
line between family members and front-line existing reports. In these we found significant
workers is, in many ways, a false one. knowledge gaps that require new research.
Every Community Hearing weve held For example, many previous studies are
teaches us more about how to do this work First Nationsspecific and do not reflect the
in the best possible way. We will keep experiences of Inuit and Mtis women and
these lessons in mind moving forward. girls, or LGBTQ2S people. There is also much
more work to be done around violence against
Indigenous women and girls in Qubecand
THE PATHS especially, research conducted and communi-
OF INQUIRY cated en franais. Too often, the English/French
language barrier prevents a national project
from truly including or reflecting the Qubec
RESEARCH PLAN AND THE or francophone experience (for example,
PATHS OF INQUIRY this was an acknowledged limitation in both
The Truth-Gathering Process itself will be NWACs What Their Stories Tell Us report and
integral to the National Inquirys research. Dr. Maryanne Pearces dissertation database).
As the hearings unfold, we will engage with As well, since so many reports on violence
families, survivors, Indigenous womens are published only in English, there are a lot
organizations, governments, and institutions fewer communication opportunities to engage
on systemic issues and solutions, commemora- French-speaking Indigenous women and girls
tion, and public education. We will supplement and the general francophone-Canadian public
what we learn through this process with new on this issue. These are critical gaps, and they
research, based on the key themes and knowl- need to be addressed.
edge gaps identified through the pre-Inquiry We will continue to review academic literature
engagement process, by our partners, and from and address other gaps with new research on
I NTE R I M R EP O RT

our review of previous reports. effective, community-driven solutions, and


We determined that our research should use best practices for mitigating and eliminating
a decolonizing, culturally specific, gendered, violence. Many Indigenous communities
and rights-based approach. We will pay special are doing good work close to home but lack
attention to solutions offered by people working a national platform to share these success
on the ground, many of whom are family mem- stories with other Nations across the country.
M M I W G N AT I O N AL I N Q U I RY

bers and survivors themselves. We will move There are critical emerging issuesfor exam-
the national conversation forward by centring ple, self-harm (including youth suicides), online
harassment and exploitation, human traf-
ficking, and gangs. There is an urgent need to
P H O T O : The red willow basket, the qulliq (Inuit
lamp), and quilt at the National Inquirys Whitehorse learn more about existing Indigenous-centred
Community Hearing, May 29June 1, 2017.
70

solutions and traditional knowledge, to help stemming from non-Indigenous cultural


Indigenous women and girls reclaim their frameworks. This kind of respectful
power and place. With a particular focus on research builds relationships of trust.
Indigenous women and girls, we will undertake
We will make sure our research reflects the best
new research in the areas of Indigenous law and
interests of Indigenous Peoples as articulated
governance that are key to self-determination
by Indigenous Peoples themselves: this means
and to restoring Indigenous womens, girls, and
respecting the privacy, protocols, dignity, and
LGBTQ2S peoples rightful place in Indigenous
individual and collective rights of Indigenous
political, economic, cultural, and social life and
Peoples, including for sharing information.
in Canadian society. This includes knowing
It is important that Indigenous Peoples
more about Indigenous concepts of well-being,
are informed and updated with sufficient
family and kinship, understandings of gender/
information. It is also important that they
sexual orientation, and land-based ways of life.
have access to all information we gather at the
We need to do more to hold up examples of
conclusion of our work. We know this has been
Indigenous womens resistance for new gen-
a challenge for us, but we are committing to
erations to learn from. Addressing these gaps
better meeting these challenges in the future.
will help our vision of the future come to life.
The Paths of Inquiry is available on our
website. We invite your feedback as to how COMMEMORATION,
we can ensure that it remains relevant to A RT, A N D E D U C AT I O N
the present-day experiences of Indigenous
women, girls, and LGBTQ2S people. Commemoration, art, and education are
all essential parts of truth gathering, healing,
and reconciliation.
ETHICS AND CONSENT
Art is a powerful tool for commemoration. It
To be trauma informed, decolonizing, and fam- can send a message of hope or loss, resilience
ilies first, we must pay as much attention to how or reconciliation. It can be an instrument
we conduct research as to what we research. that shares truth and knowledge with a wide
Our research framework is rooted in Indig- audience. An artist can create art as a means
enous ethics policies, including the United of healing from traumatic experiences, or as
Nations Declaration on the Rights of Indigenous a way to inspire action. Most powerfully, art
Peoples (UNDRIP), Tri-Council Guidelines provides a platform for voices that may not get
(a joint policy from Canadas three federal an opportunity to share their stories elsewhere.
research agencies), and RCAP ethical research Public commemorations, through art, can help
guidelines. In particular, we will follow the bring forward the personal stories that show
principles of free, prior, and informed consent colonial violence. They bear witness to injus-
(FPIC) and the First Nations Information tice, recognize the human dignity of victims
Governance Committees principles of OCAP: and survivors, and call Canada to account.
Ownership, Control, Access, and Possession.8 The National Inquiry has adopted the TRCs
Applying these guidelines to the National guiding principles on commemoration as we
Inquiry means that we will respect Indigenous develop and implement our own commemora-
worldviews, jurisdiction, and collective rights, tion initiatives. They were:
while incorporating local and traditional Survivors should be active
knowledge into our research processes. We participants who can advise and make
will include Indigenous analysis and per- recommendations on projects;
spectives while limiting misinterpretation
71

Projects should strengthen family and consideration in our deliberations as public


community memory and make the testimony in front of the Commissioners.
history and legacy of residential schools a
Artistic expression can take the form of
part of Canadas history; and
visual, audio, written material, or performative
Projects should support Indigenous art. This can include (but is not limited to)
peoples healing as they reclaim their paintings, sculptures, drawings, photographs,
identities and revitalize their land-based ceramics, films, quilts, baskets, music, dance,
cultures.9 theatre, and poetry. These may also include
ceremonial or spiritual objects, which we will
We will continue to work with families, house following Indigenous protocols for col-
survivors, organizations, and governments lecting, describing, and use. People may choose
on future plans to honour and commemorate to make a donation at one of the Community
Indigenous women, girls, and LGBTQ2S Hearings, while we are physically there to
people who have been lost to violence. receive it, but this is not required. Any form of
artistic expression can be sent in to the Nation-
al Inquiry at any time. (Please see Appendix C.)
DOCUMENTING
PUBLIC INFORMATION We are establishing an Indigenous-centred
AND COMMEMOR ATION Legacy Archive to gather and safeguard these
Many people and organizations, especially gifts. This art is an excellent source of informa-
those with family members of women and girls tion, providing insights that are unavailable in
who have gone missing or been lost to violence, written documents and reports. If the donor
have already created a rich legacy of commemo- approves, their art will be used as a historical
rative resources. The National Inquiry has been record for researchers, professionals, and
compiling a master list of resources related to educators to continue educating the public.
missing and murdered Indigenous women, This art will also document the resilience and
girls, and LGBTQ2S people as an easy-to-find resurgence of Indigenous women and girls. This
education opportunity for the public. approach promotes a more personal relation-
ship between the art and the audience, one that
These sources include: literature, media, evokes an emotional and empathetic response.
grassroots organizations, activism, academic
publications, archives in Canada, government Through the Legacy Archive, we are creating
documents, legal documents, published opportunities for these artistic expressions to
reports and studies, blogs, websites, and be used in the future for physical and digital
art projects. This resource hub is available exhibits, reports and studies, film and docu-
on the National Inquirys website. mentaries, academic articles and books, or to
be forwarded to third parties for use in news
I NTE R I M R EP O RT

articles. Again, all this will only be done with


ART AND THE LEGACY ARCHIVE the free, prior, and informed consent of the
One of our goals is to make sure all forms of person donating the art. The Legacy Archive
sharing knowledge have a place in the National will ensure that the art and sacred objects are
Inquiry. We recognize that art is a permanent part of a living, breathing approach to the work
record that shares the truth about, and raises of the National Inquiry. It will remain acces-
M M I W G N AT I O N AL I N Q U I RY

awareness of, violence against Indigenous sible after the National Inquiry is complete.
women and girls. We hope that this archive will be a true
We have put out a call for artistic expressions as partnership between Indigenous women
evidence within the Truth-Gathering Process, and girls and the broader community. The
and these will be given the same weight and creation and operation of the Legacy Archive
72

will be guided by an advisory group of These works will be received, curated, and
experts and Knowledge Keepers, as well as included in the Legacy Archive as part of
those who are producing and/or donating our public record. In this way, the voices of
the art and objects. The advisory group will children and youth will help guide our findings
include a Grandmother, an Indigenous artist, and recommendations in the Final Report.
an archivist, and a visual anthropologist.
Their Voices Will Guide Us will be implemented
The Legacy Archive will also adhere to articles over the 201718 school year. Young peoples
from UNDRIP, Calls to Action from the TRC, projects will be curated and shared as part
and best practices when dealing with Indige- of the Final Report of the National Inquiry,
nous materials for the archive. (See Appendix as well as other possible exhibitions.
D for a full list of implementations and
Indigenous protocols that the Legacy Archive
has included in its Policy and Procedures.) THE CHALLENGE
OF DOING THINGS
ENGAGING, EDUCATING, AND
D I F F E R E N T LY
LEARNING FROM OUR YOUTH In this Interim Report, we have shared some
The National Inquiry of the ways in which were trying to do
Their Voices is engaging children, things differently. This work needs to be
Will Guide Us
EDUCATION GUIDE
youth, educators, done with, for, and by Indigenous people.
parents, and education To accomplish this, we must continue to
leaders in Their Voices adopt an Indigenous, decolonizing, and
Will Guide Us, an arts- community-recognized approach that includes
based youth education Indigenous intellectual and legal traditions,
initiative aimed at worldviews, cultural practices, and protocols.
changing the narrative and reality around how
Indigenous women, girls, and LGBTQ2S people Here are a few ways we are
are treated. The project will examine historical doing things differently:
and current perspectives of Indigenous women
1. We have chosen seven values to guide our
and girls in the broader Canadian society.
work at the National Inquiry: honesty,
Most importantly, it will help create positive
openness, inclusivity, compassion,
social change based on messages to the public
courage, fairness, and respect. These
from children and young people themselves
values guide every decision we make.
that will come out of this education process.
2. We interpret our mandate to be trauma
This initiative will be made up of online
informed, making sure both Indigenous
materials and resources, including an
and Western health supports are available
age-appropriate K12 resource guide for
for family members and survivors.
teachers and education support workers.
3. In examining the systemic issues faced by
Youth will be encouraged to use visual and
Indigenous women and girls, the National
performing arts, writing, and film to speak to
Inquiry acknowledges the resilience
the inherent strength, agency, and rights of
and resistance of Indigenous Peoples
Indigenous women and girls. Their projects will
and recognizes the well-documented
focus on everyones responsibility to protect,
role of colonialism in oppressing, sub-
respect, and honour them in our families,
jugating, and marginalizing Indigenous
schools, and communities and national life.
Peoples. One of the ways the National
Inquiry has worked to combat this is
73

by including LGBTQ2S peoples unique to have input into the design and im-
perspectives in the National Inquirys plementation of a process throughout,
mandate. This respects what community rather than just at the beginning or end.
members have called for, recognizes the
9. We continue to seek direction from
traditional roles of Two-Spirit people in
communities and organizations, the
many Indigenous societies, and helps
National and Regional Family Advisory
fill an important knowledge gap.
Circles, other family members, and
4. We regularly seek Elders advice. We National Indigenous Organizations to help
do this through the Commissioners define the work of the National Inquiry,
Grandmothers and through the particularly the Truth-Gathering Process.
hearings and community visits.
10. We will continue to identify and follow
5. We acknowledge and honour an inclusive culturally specific protocols when
Indigenous understanding of family. working with communities. We will
Colonial processes have interrupted ensure that we are welcome in com-
many (but not all) Indigenous family munities before scheduling hearings
and kinship systems, so we are creating and we will work with local people to
space for families of the heart. determine what each hearing looks like.
6. We are working with communities to 11. The National Inquirys Truth-Gathering
overcome barriers that would prevent Process still uses a hearing format,
people from participating in the National but also allows families and survivors
Inquiry. This includes covering the costs to share their stories in a culturally
of travel, accommodation, and child care. safe way, based on an Indigenous
concept of gathering multiple truths.
7. We are making significant efforts, and
will continue to make those efforts, to 12. We recognize that our research cant be
build relationships with communities separated from the rest of the work we
and organizations so that this work can do. The work of the Truth-Gathering
be done in an inclusive way. This includes Process and the Paths of Inquiry is woven
significant work from the Community into a holistic decolonizing framework
Relations Team to use existing networks that that will continue to evolve over
to reach out to people. It also includes the lifetime of the National Inquiry.
significant efforts from the Health
13. Blankets have been created with com-
Team to collaborate with existing
munity members, including women
formal and informal health supports.
in prison, with the direction of the
8. We have adopted the language of engage- Grandmothers. They will decorate and
I NTE R I M R EP O RT

ment rather than consultation when hold our hearing spaces, travelling
we talk about working with Indigenous with the National Inquiry throughout
communities. The term consultation is the Truth-Gathering Process.
often associated with the Crowns legal
14. We are respecting protocols, symbols, and
duty to consult, and in some Indigenous
ceremonies. These include giving gifts of
communities, consultation has taken on
M M I W G N AT I O N AL I N Q U I RY

reciprocity, using the red willow basket,


a negative connotation. We have chosen
and lighting the qulliq. As much as pos-
to use instead the word engagement be-
sible, protocols, symbols, and ceremonies
cause it articulates an ongoing process in
will be specific to the community were in.
which communities actively participate in
a meaningful way. We want communities
74

15. Rather than always expecting survivors and 3. There were many start-up issues, delays,
family members to come to meet with us, and obstacles in opening offices and hiring
we are doing our best to meet with families staff.
in their communities. Likewise, statement
Hiring On average it takes four
takers will visit jails, institutions, and
months to hire new staff. We must also
shelters to hear from women, survivors,
follow Privy Council Offices (PCO)
and family members who cant otherwise
requirement for security clearances.
be part of the Community Hearings.
As a result, once the National Inquiry
has decided to hire someone, it takes
There are also real challenges to doing an average of five weeks for the security
our work in a decolonizing, trauma-in- process to be complete before the Na-
formed, and families-first way. tional Inquiry can make a formal offer.
This has seriously obstructed our ability
Its important to recognize that projects like
to do our work in a timely way.
these are always more difficult at the start.
However, public inquiries are deeply en- Office set-up Federal government
trenched in Western systems. Weve discovered procurement and contracting policies
that these bureaucratic systems are unable to resulted in up to eight months delay
respond quickly or flexibly to requirements before offices could be opened. Even
based on Indigenous worldviews. then, offices opened without proper tele-
This makes change difficult. phone, internet, and office equipment.
There have been long delays to getting
Here are some of our most staff the federal governmentprovided
significant challenges: phones and computers they need.

1. A public inquiry, as defined by Canadian 4. The National Inquiry must have a compre-
law, must operate within certain limits. hensive legal case-management system in
This is even harder when we must con- order to manage and analyze the hundreds
sider federal jurisdiction as well as the 13 of thousands of videos, transcripts,
territorial and provincial laws regarding electronic documents, paper records, and
public inquiries. We are also still attempt- artistic submissions it will generate and
ing to recognize the jurisdiction of many receive through the Truth-Gathering
different Indigenous legal systems, in Process. We have collaborated with PCO
addition to the 14 geo-political jurisdic- to determine how to meet those needs
tions in Canada. This is one of our biggest with the right technology and support,
challenges, and it will persist throughout while still staying within the limits of our
the life of the National Inquiry. financial resources and time. We now have
a legal case-management system, which
2. During the pre-Inquiry process, the fed- we will use to analyze the results of the
eral government did not get participants hearings process. However, it is a complex
consent to allow their contact information system to acquire, set up, train staff on,
to be passed on to the National Inquiry. and to create the right analysis codes for.
Federal government privacy laws mean This process was still underway at the time
that lists of families and survivors contact of drafting this report.
information remains with INAC. This has
left families and survivors frustrated and 5. The National Inquiry has to adhere to the
confused about how to become a witness. human resources, information technology
We have undertaken a national media and contracting rules that apply to all
campaign to explain our process, but the areas of the federal government. However,
confusion remains.
75

the federal governments procurement counselling. Not having the FILUs in place
and contracting policies may, depending has put additional pressure on our Health,
on the contract, require up to six to eight Community Relations, and Legal Teams to
months to complete. This severely impacts fill the gap.
the National Inquirys ability to contract
9. Our short timelines, as determined by the
the people and services we need to achieve
Terms of Reference, will limit our ability
our mission.
to do in-depth analysis of data collected
6. Federal government procurement and through the Truth-Gathering Process.
contracting policies are not designed with Once stories are shared, transcripts need
the flexibility required to compensate to be produced. Transcription will cause
Elders, Fire-keepers or cultural advisors in some time delay before the Research and
a timely fashion. These same policies have Legal Teams can access and analyze the
resulted in long delays of payments for ser- materials. The lack of appropriate legal
vices, travel and out-of-pocket expenses. case-management and analysis software
These delays have discouraged Indigenous further slows this process down. Staff time
community members and organizations and human resources limit the amount of
from formally working with the National original research we can undertake, while
Inquiry and has placed undue financial the short timelines limit the number of
burdens on National Inquiry staff. expert reports we can commission.
7. We had hoped to work with established 10. In keeping with a decolonizing approach, we
Indigenous organizations, coalitions, want to translate our reports and materials
and NIOs to help us connect with family into as many Indigenous languages as
members, survivors, and communities possible. However, this is very expensive. To
across the country. These organizations translate this Interim Report into one In-
have already spent many years building digenous language would cost over $30,000.
relationships of trust with people on These costs were not included in the original
the ground. However, theyre already budget given to the National Inquiry.
overstretched with limited budgets and
Our first year at the National Inquiry has
staff time. Without additional funding,
taught us many important lessons. The first
it wasnt fair to ask them to redirect their
is that we need to make stronger connections
time and resources away from other
with families, survivors, and womens and
projects to help us do our work.
Indigenous organizations, who are our key
8. At the same time, the Family Information partners on the front line. Second, we must
Liaison Units (FILUs) have also been continue to learn about and centre Indigenous
slow to get started, and some provinces/ laws, principles, and traditions while balancing
I NTE R I M R EP O RT

territories do not have their FILUs set up the legal requirements of the Canadian
yet. These units, paid for by the federal legal system. Third, we need to manage the
government, are supposed to help families limited time we have to examine all aspects of
get information about their missing or systemic violence against Indigenous women
murdered loved one(s) from government and girls while we build a better foundation
sources (for example, police, corrections, for effective, community-based solutions.
M M I W G N AT I O N AL I N Q U I RY

child and family services, coroners, and


These are no small tasks. We ask for your
health services). They are also meant to
support, patience, and insight as we move
help family members access healing and
forward with these considerations in mind.
wellness supports, including cultural
supports, grief counselling, and trauma
76

At my age, most of the women


are second or third generation
[residential school] survivors
and that being taught, dont
speak, dont talk about anything.
Theyre just lost. ()

I was there. I was absolutely lost.


I didnt know who I was.... But
now today Im very proud of who
I am and I want other women
to be proud of who they are too
and you can get through it. You
can get through anything. If I
can do it, you can do it too.
GINA GIL L , SU RV I VOR A N D A DVO C AT E FOR IN DIGE NOUS WOM E N A N D
GIRLS. FROM THE COMMUNIT Y HE ARING IN WHITEHORSE , JUNE 1 , 2017
OUR WOME N AN D GIR LS A RE SAC R ED

CHAPTER 5

Our Story
CONTINUES

LOOKING Canadians at community, regional, and


TO THE FUTURE national levels;
Families, survivors, loved ones, and their
Our vision is to see Indigenous women and communitiesincluding people who
girls restored to their rightful power and place. have acted violently themselvesare able
This is based on our guiding principle: that to recognize the trauma theyve been
all Indigenous women and girls are sacred. through, and are supported on their
We hope this vision can be a shared one, healing journey;
creating new paths for future generations. Our stolen sisters have had their dignity
Their future will be one where: and respect restored;
Indigenous womens and girls significant
There are policies, programs, and best contributions to society are visible in
I NTE R I M R EP O RT

practices in place to remove systemic Canadas national history and public


causes of violence, and Indigenous education institutions;
families, particularly vulnerable children
Indigenous womens and Two-Spirit
and youth, are receiving the supports
peoples authority, leadership,
they need to thrive;
and decision-making rights and
Missing and murdered Indigenous women responsibilities are recognized, respected,
M M I W G N AT I O N AL I N Q U I RY

and girls, including those who are Two- and fully restored;
Spirit, lesbian, gay, heterosexual, bisexual,
Indigenous womens, girls, and
transgender, queer, or non-binary, and
LGBTQ2S peoples rights to gender
those with disabilities or special needs,
equity and freedom from violence
are honoured and commemorated by their
are recognized as key to Indigenous
families, communities, Nations, and all
self-determination;
78

All Canadians learn about and and others will contribute to it as well. We need
understand the systemic causes and your feedback to make this vision as compre-
impacts of all forms of violence against hensive, effective, and inclusive as possible.
Indigenous women and girls in Canada,
The movement to end violence against
including the underlying historical,
Indigenous women and girls is bigger
political, social, economic, and
than just the National Inquiry, its Com-
institutional causes;
missioners, or its staff. We need everyone
All Canadians understand and value
together to bring this vision to life.
diverse Indigenous legal systems, and
uphold Indigenous womens, girls and
LGBTQ2S peoples right to gender equity RECOMMENDATIONS
in accessing and applying these laws AND ACTIONS
within their own Nations;
All Canadians respect the critical It is too early, in this Interim Report, for
contributions that Indigenous Elders and the National Inquiry to make findings
Knowledge Keepers make to healing, and recommendations resulting from
justice, and reconciliation in their own the Truth-Gathering Process. However,
families, communities, and Nations, the National Inquiry wishes to:
and with non-Indigenous peoples in
endorse and build upon many of the
Canadian society;
recommendations that have been made
All Canadians reject colonial frameworks to date in a variety of inquiries, inquests,
of oppression and respect Indigenous commissions, human rights complaints,
Peoples or Nations as self-determining; and independent reports;
Healing, justice, and reconciliation make calls for immediate action; and
are fostered in relationships within
make recommendations on the National
Indigenous families, communities, and
Inquirys process, which we hope will
Nations, and between Indigenous and
lead to a better way forward.
non-Indigenous people in Canadian
society; and
The process of gathering information and
There has been a fundamental change
evidence will continue. We will be gathering
in the relationship between Indigenous
statements, stories, documents, research
Peoples, the state, and all Canadians,
papers, photos, and art to be taken into
including everyone who advocates for the
consideration. Following the Truth-Gath-
safety of Indigenous women and girls.
ering Process, we will make conclusions
and recommendations on issues at the core
By the time we at the National Inquiry finish of our mandate in the Final Report.
our work, we are determined to have made
meaningful contributions to society, and to
meet specific goals for our Final Report, our BUILDING ON THE MANY
recommendations, and this process itself. PREVIOUS FINDINGS AND
RECOMMENDATIONS
We have collected these goals into a vision
document, titled Defining Success for the To date, there have been multiple inquiries,
National Inquiry into Missing and Murdered inquests, commissions, human rights com-
Indigenous Women and Girls. Just like our plaints, and independent reports that have
working list of reports and the Paths of Inquiry, dealt directly or peripherally with systemic
this is a working document, available online. causes of violence against Indigenous women
We hope family members, survivors, advocates, and girls in Canada. These studies have
79

revealed multiple and compounding social,


economic, cultural, institutional, and historical
causes that keep Indigenous women and IN THE
FINAL REPORT
girls vulnerable to generations of violence.
Many of these studies also make concrete
recommendations and point to solutions
that have already been put forward but
have not been implemented. This may IN T HE F IN A L R E P O R T, T HE
be for lack of political or social will, COMMISSIONERS WILL
limited funding, or for other reasons. MAKE FINDINGS ON:
We will continue to base our work on these sys t emic c auses of viol ence
findings and recommendations of those who agains t Indigenous women and
have gone before us. As the National Inquiry gir l s ( incl uding under ly ing c auses
focuses its attention on systemic causes of and v ul ner abil it ies); and
violence and concrete actions to end violence,
pol icies and pr ac t ices
with a decolonizing, gendered, human-rights
aimed at r educing viol ence
framework, we endorse and will build upon
and incr e asing s af e t y;
existing recommendations. These include:
AND WILL MAKE
Federal, provincial, and territorial
R ECOMMENDATIONS ON:
governments publicly acknowledging and
condemning violence against Indigenous ac t ions t o addr es s sys t emic
women, girls and LGBTQ2S people; c auses of viol ence and incr e ase
Federally coordinated, cross- t he s af e t y of Indigenous women
jurisdictional national action plans on: and gir l s in C anada; and
addressing violence against ways t o honour and commemor at e
Indigenous women, girls, and mis sing and mur der ed
LGBTQ2S people; Indigenous women and gir l s .
public education and greater public
awareness of violence against
Indigenous women, girls and
LGBTQ2S people;
compensation for family members
and/or a healing fund for survivors
and families;
I NTE R I M R EP O RT

properly resourced initiatives and


programming to address root causes
of violence against Indigenous
women, girls, and LGBTQ2S people;
improved access to safe housing
for Indigenous women, girls, and
M M I W G N AT I O N AL I N Q U I RY

LGBTQ2S people;
responsive, accountable, and
culturally appropriate child and
family services;
80

bridging education (primary to be led by Indigenous peoples, especially


post-secondary), skills training, Elders, Indigenous women, Two-Spirit
and employment gaps between and trans people, and Indigenous
Indigenous peoples and non- womens organizations;
Indigenous people; More frequent and accessible
addressing the disproportionate rates transportation services available to
of poverty among Indigenous people, Indigenous women, girls, and LGBTQ2S
and Indigenous women specifically; people;
accessible and culturally appropriate More representative police forces with
health, mental health, addictions, better resourced Indigenous liaison
and trauma services for Indigenous officers and units in local police forces;
women, girls, and LGBTQ2S people; More immediate, proactive, and
programming for Indigenous men thorough investigations into Indigenous
to help break and prevent cycles of womens, girls, and LGBTQ2S peoples
violence; deaths and disappearances;
protecting Indigenous women, More responsive, transparent, and
girls, and LGBTQ2S people involved accountable policing (including
in survival sex work or who are being comprehensive and independent police
trafficked for the purposes of oversight);
sexual exploitation; More culturally responsive and accessible
improving relationships between victim services;
police services and Indigenous Better supported community-based first
communities; response (search and rescue);
properly resourced and accessible Public commemoration of missing and
community and restorative murdered Indigenous women and girls.
justice measures. All recommendations aimed at ending
Law reform and/or repeal of violence and keeping Indigenous women,
discriminatory legislation, including girls, and LGBTQ2S people safe should
persisting gender discrimination under include a decolonizing approach that recog-
the Indian Act; nizes the inherent jurisdictions of Indigenous
Repudiation of concepts used to justify Peoples, that solutions should stem from
European sovereignty over Indigenous Indigenous communities and Nations, and
lands and peoples such as the Doctrine of that these solutions should be properly
Discovery and terra nullius; resourced by the appropriate jurisdictions.

More comprehensive and ethical


information-sharing concerning violence CALLS FOR
against Indigenous women, girls, and IMMEDIATE ACTION
LGBTQ2S people;
The National Inquiry calls for
More information concerning the immediate action for:
performance of programs and strategies
meant to address violence against 1. Implementation of all Calls to Action
Indigenous women, girls, and LGBTQ2S of the Truth and Reconciliation
people; Commission, particularly those that
Properly resourced programming that impact Indigenous women and children,
addresses violence against Indigenous including the immediate implementation
women, girls, and LGBTQ2S people to of Jordans Principle and the immediate
81

and full implementation of the United 6. That the federal government immediately
Nations Declaration on the Rights of provide additional funding to Health
Indigenous Peoples as a framework for Canadas Resolution Health Support Pro-
reconciliation, and including a federal gram and expand its services to meet the
action plan, strategies, and other concrete increased needs flowing from the National
measures to achieve the goals Inquirys work, and at a minimum for
of UNDRIP; the duration of the National Inquiry.
2. Full compliance with the Canadian 7. That Health Canadas Resolution Health
Human Rights Tribunal ruling Support Program provide funding to In-
(2016) that found that Canada was digenous organizations and other service
racially discriminating against First providers (including provincial and terri-
Nations children. torial governments) through contribution
agreements and transfer funds to provide
NATIONAL INQUIRY the necessary health supports to families
PROCEDURAL and survivors participating in the National
RECOMMENDATIONS Inquirys Truth-Gathering Process and
Along with the endorsement of existing rec- engaging in its commemoration activities.
ommendations that can immediately address 8. That the federal government undertake
systemic violence and its underlying causes, the an engagement process with families,
National Inquiry recommends the following: survivors, Indigenous organizations,
3. That the federal government find a way and the National Inquiry to inves-
to provide the contact information of tigate the feasibility of restoring the
the families and survivors who partici- Aboriginal Healing Foundation.
pated in the pre-Inquiry process to the 9. That the federal government work
National Inquiry. Alternatively, that the collaboratively with provinces and
federal government provide families territories to create a national police task
and survivors who participated in the force to which the National Inquiry could
pre-Inquiry process information on how refer families and survivors to assess or
to participate in the National Inquiry. reopen cases or review investigations.
4. That federal, provincial, and territorial 10. Given the short timeframe of the National
governments provide project funding, Inquiry and the urgency of establishing
in addition to regular operational robust administrative structures and
funds, to help ensure Indigenous processes, that the federal government
organizations full and meaningful provide alternatives and options to its
I NTE R I M R EP O RT

participation in the National Inquiry. administrative rules to enable the National


5. That the federal government establish a Inquiry to fulfill the terms of its mandate.
commemoration fund in collaboration
with national and regional Indigenous
organizations (including Indigenous
womens organizations) and in partner-
M M I W G N AT I O N AL I N Q U I RY

ship with family coalitions, Indigenous


artists, and grassroots advocates who
have spearheaded commemoration
events and initiatives related to
missing and murdered Indigenous
women, girls and LGBTQ2S people.
82

MOVING of colonialism will take many heads, hands,


FORWARD and hearts, working together, at all levels of
society, to maintain momentum in the years
From our unique Indigenous and gendered ahead.1 We hope that our Truth-Gathering
perspective, the National Inquiry will help fill a Process, commemoration, art and education
knowledge gap in Canadas understanding of the initiatives, and reports, add to this momentum.
root causes of all forms of colonial violence that
We will continue to gather truths from
continue to threaten Indigenous women and girls.
the stories of families and survivors. Their
We will highlight effective solutions that already
collective voices are a powerful force for
exist, but are under-resourced or ignored, and
action and change. Their stories will join with
we will inquire into what other concrete actions
those of residential school survivors as part
must be taken to change this unacceptable reality.
of a new Indigenous oral history record. This
Through this Interim Report, we have tried public record will show both Canadas colonial
to provide all Canadians, Indigenous and relationship with Indigenous peoples and the
non-Indigenous, with more detailed informa- decolonizing resurgence of their own cultures,
tion and a clearer understanding of all aspects histories, laws, and land-based ways of life.
of our work to date. We are working hard to
incorporate a trauma-informed, decolonizing,
and families-first approach. We have faced WE WILL CONTINUE TO G ATHER
many challenges in setting up the National TRUTHS FROM THE STORIES OF
Inquiry and beginning our Truth-Gathering FAMILIES AND SURVIVORS.
Process. We have learned many valuable
lessons from our critics and supporters. We
We hope that Canadians will engage with us
will continue to benefit from their insights
and with each other as we seek to end systemic
and experience as we move forward.
violence, racism, and discrimination, and pro-
We are working hard to resolve our opera- tect the rights of Indigenous women, girls, and
tional and communications challenges. Our LGBTQ2S people. However, we must do even
Truth-Gathering Process will continue to more. Canadians must learn to value these lives
evolve as we hold more community visits and their rich contributions. All Canadians
and hearings, and organize future Expert must stand together with Indigenous Peoples
Hearings and Institutional Hearings. We are if we want to find truth, healing, and justice.
listening to advice and feedback from families,
We encourage you not to wait until our Final
survivors, communities, partners, and other
Report is released to do this. Listen to webcasts
stakeholders to make the changes we need.
of our public Community Hearings. Educate
During our start-up phase, it became evident yourself about the issues. Find out what
that we cant fulfill our mandate in a two-year national and regional Indigenous organizations
timeframe without risking further harm to are doing. Talk to Indigenous neighbours in
families and survivors. Rather than supporting your own community. Learn how to work
and advancing healing and reconciliation, in respectful partnership with Indigenous
the National Inquiry would run the risk of peoples. There is so much work to be done.
doing just the opposite. We need more time
As you join us on this journey, we hope
and resources to do our work properly.
that you will gain a deep respect for the
Our hope is that the National Inquiry will be a courage, strength, resilience, and knowledge
catalyst for healing, justice, and reconciliation of the people and voices at the heart of this
that will continue after our work is complete. Inquiry. Truly decolonizing and transforming
The TRC cautioned that repairing the harms our country will require nothing less.
OUR WOME N AN D GIR LS A RE SAC R ED

APPENDIX A

Lexicon Excerpts

COLONIALISM or exploitation of Indigenous minds, bodies,


Colonialism is the attempted or actual im- and lands. It requires people to consciously
position of policies, laws, mores, economies, and critically question the legitimacy of the
cultures or systems, and institutions put in colonizer and to reflect on the ways we all have
place by settler governments to support and been influenced by colonialism.
continue the occupation of Indigenous terri-
The term decolonizing is used to show that the
tories, the subjugation of Indigenous Nations,
process of decolonization is not yet complete.
and the resulting internalized and externalized
thought patterns that support this occupation
and subjugation. ELDERS AND KNOWLEDGE KEEPERS
The terms Elders and Knowledge Keepers
Colonialism is not to be confused with coloni-
refer to people who have deep knowledge or
zation. Colonialism is the ideology advocating
expertise in Indigenous knowledge systems,
colonization. Colonization generally refers to
including Indigenous intellectual traditions,
the process by which Europeans invaded and
worldviews, and laws. These people are consid-
occupied Indigenous national territories.
ered the keepers of Traditional Knowledge or
Oral History within their families, communi-
COMMEMOR ATION ties, or Nations. They are Indigenous persons
A ceremony, celebration, act, or gesture who are respected for their wisdom, knowledge,
through which an individual or event is experience, background, and insight. They are
remembered and/or honoured. generally sought out by community members or
I NTE R I M R EP O RT

individuals for help and advice with traditional


as well as contemporary issues.
DECOLONIZING
Decolonization is a social and political The term Elder does not necessarily mean
process aimed at resisting and undoing that a person is advanced in age. Similarly,
the multi-faceted impacts of colonization advanced age does not necessarily mean that
M M I W G N AT I O N AL I N Q U I RY

and re-establishing strong contemporary someone is regarded as an Elder.


Indigenous Nations and institutions based on
traditional values, philosophies, and knowledge
systems. It actively resists the forces of colo-
nialism that perpetuate the subjugation and/
84

ENGAGEMENT R ATHER THAN FAMILIES OF THE HEART


CONSULTATION The phrase families of the heart is an inclu-
In simple terms, both consultation and sive term that extends beyond the nuclear or
engagement are processes for seeking advice, even extended family to include people chosen
feedback, guidance, and direction from Indig- as family members. These are people who are
enous Peoples. The term consultation is often not biologically related but have chosen to stay
associated with the Crowns legal duty to con- closely involved and support each other out of
sult in regards to Aboriginal or Treaty rights. mutual love and respect.
Most levels of government and business leaders
recognize that consultation with Indigenous For example, people who are estranged
people is a necessary part of doing business on from their biological families/communities
Treaty or traditional land and with Indigenous (especially because of violence) may create a
Peoples. In some Indigenous communities, new circle of tightly knit relationships. Other
however, consultation has taken on a negative examples include close friends or extended
connotation because of conflict over resource relatives who are aunties and uncles to each
extractions and strained relationships with others children; children, parents, step-par-
Crown and industry. ents, or grandparents who have unofficially
adopted each other; or foster families that
The key difference between consultation remain involved in a childs life in addition to
and engagement is that often consultation the childs biological family.
efforts are focused before or at the start of a
research project, with only occasional follow-up We recognize that family relationships can be
throughout. Engagement, however, is an complex. The National Inquirys goal is to sup-
ongoing process in which communities or port survivors of violence and the people who
research subjects are actively participating in a love them, and will not exclude loved ones from
meaningful way and have input into research testifying or supporting those who are testifying
design and implementation throughout, not because theyre not biologically related.
just at the beginning or end.
LGBTQ2S PEOPLE
There are many initialisms that cover sexual
and gender minoritiesLGBTQ2S, 2SLBTQ,
LGBTQQIP2SAA, QUILTBAGall with
advantages and limitations. We have chosen to
use the term LGBTQ2S people (representing
lesbian, gay, bisexual, transgender, queer,
and Two-Spirit people), because its relatively
well-known. Queer and Two-Spirit are also
usually understood as umbrella terms.
85

TWO-SPIRIT TRUTH-GATHERING PROCESS


The term Two-Spirit is used by many Indige- The phrase Truth-Gathering Process is
nous people for both sexual orientation and used to describe the National Inquiry process,
gender identity. It is a term to describe Indige- including three phases of hearings: Community
nous people who are born with both a mascu- Hearings, Expert Hearings, and Institutional
line and feminine spirit. Two-Spirit describes Hearings. It speaks to an ongoing process,
a societal and spiritual role that people played rather than an event (such as describing a
within traditional societies, as mediators, gathering). It allows for multiple truths or
keepers of certain ceremonies, transcending perspectives to be brought forward. It is not
accepted roles of men and women, and filling a presumptive about finding the truth or decid-
role as an established middle gender. ing what is the truth.
It is important to note that this is an English Families, survivors, and loved ones
language umbrella term and that some Indige- will participate primarily through the
nous peoples may have had multiple recognized Community Hearings, statement gathering,
genders with their own terms, depending on and artistic expressions.
their Nation.

RESISTANCE AND RESURGENCE


The term resistance is used to refer to the
diverse strategies employed by Indigenous
Peoples and Nations to resist colonialism. To
Indigenous Peoples, resistance is not just mass
mobilization, armed conflict, and protest.
It encompasses a broad range of strategies
and activities that promote decolonization,
Indigenous ways of life, values, knowledge, and
broader political goals. Indigenous resistance
includes everyday acts of resistance that
embody individuals and communities living by
their traditional teachings despite overwhelm-
ing pressure from the dominant society not to.
Resurgence is the increase or revival of an
activity or idea. For Indigenous Peoples, this
involves increasing or reviving traditional
land-based and water-based cultural practices
I NTE R I M R EP O RT

that existed long before colonization and will


continue to exist long after. This is part of the
decolonizing process, although it is not defined
solely by it.
M M I W G N AT I O N AL I N Q U I RY
OUR WOME N AN D GIRLS A RE SAC R ED

APPENDIX B

How to Participate
I N T H E N AT I O N A L I N Q U I R Y

If you want to share your story with the Please include your name, phone number,
National Inquiry into Missing and Murdered email, and location when you contact us so
Indigenous Women and Girls, heres what you that we can reach out to you. The current wait
need to know: period is one week before you will receive an
email or call from a member of our Health
The National Inquiry is participant
Team staff to set up the first telephone meeting.
centred, collaborative, holistic, and
rooted in compassion.
Families, survivors, and loved ones have STEP TWO
INITIAL CONTACT AND CONVERSATION
choices in how to share their stories, in a
comfortable and safe way. The first person you will hear from will be
a member of our Health Team. This is an
There are six steps to sharing your story. important step that allows us to gather basic
information so that we can understand what
supports you may need as you journey through
STEP ONE the process of telling your story. Once you
REGISTR ATION
are ready, you will be referred to a member
It all starts when you choose to become a of the Legal Team to begin the next step.
participant by reaching out to us. There
are five ways you can register to share the
story (stories) of your lost loved one(s) or STEP THREE
SHARING YOUR STORY
your own truth as a survivor of violence:
Next, a member of the Legal Team will
Phone us toll-free at: 1-844-348-4119 contact you. They will help prepare you to
Fax us at: 604-775-5009 share your truth in the best way possible.
Send us a letter at: PO Box 500, Station They will also help families and survivors
A Vancouver BC V6C 2N3 gather any documents you need (including
Email us at: profile@mmiwg-ffada.ca coroner, police, and Crown reports), so that
your truth is told in the best way possible.
Meet us in-person during one of our
community visits, the locations of which Here are the w ays you can share your truth:
will be posted on our website at www.
Before a Commissioner in a public
mmiwg-ffada.ca
Community Hearing.
87

STEP STEP STEP STEP STEP STEP

1 2 3 4 5 6
R EGIS T R AT ION INITIAL SHARE YOUR PR EPA R AT ION SHARE YOUR AFTER-CARE
CON TA C T A ND STORY TRUTH
REGISTER TO WORK WITH THE CONTINUE TO
CON V ER S AT ION
BEGIN THE W OR K W I T H COMMUNIT Y SPEAK TO A WORK WITH
PROCESS WORK WITH THE T HE L E G A L R E L AT I O N S T E A M COMMISSIONER H E A LT H T E A M
OF SHARING H E A LT H T E A M T E A M T O P R E PA R E TO PL AN YOUR O R S TAT E M E N T ON AF TER-CARE
YOUR TRUTH TO IDENTIF Y TO SHARE T R AV E L A N D TA K E R SUPPORTS
SUPPORTS YOUR S T ORY P A R T I C I P AT I O N
A NDG AT HE R
NE CE S S A RY
DOCUME N T S

Before a Commissioner in a private and STEP FIVE


confidential hearing. SHARING YOUR TRUTH

In a circle, with members of your Community hearings will take place across the
family, or other families, loved ones, or country. This is where you can speak before one
survivors, before a Commissioner. or more of the Commissioners, either in public
With a statement gatherer in a private or in a confidential setting. You will have a
place with no Commissioner. (The schedule of the events for the hearing and will
Commissioners will read your statement know when you are expected to speak. You will
and take your truth into account have your health and family supports beside
when making their findings and you, as well as one of our Legal Team members
recommendations.) to guide you through the process. There will be
traditional opening and closing ceremonies that
I NTE R I M R EP O RT

Through artistic expressions like


you can choose to participate in if you wish.
artwork, a song, poetry, or a video or
audio tape that you have prepared.
STEP SIX
AFTER-CARE
STEP FOUR After you have shared your truth with the
M M I W G N AT I O N AL I N Q U I RY

GETTING PREPARED National Inquiry, you will continue to work


Next, you will speak to a member of the Com- with the Health Team on your after-care
munity Relations Team. They will help you plan needs and support. We will have a gift for you
how to tell your story. This may include plan- that we hope you can use to continue on your
ning travel to and from a Community Hearing own healing journey. We invite you to share
or a location to meet with a statement gatherer. stories or photographs of you using this gift,
to continue our relationship in the future.
OUR WOME N AN D GIRLS A RE SAC R ED

APPENDIX C

CALL FOR
Artistic Submissions

THE NATIONAL INQUIRY (NI) WHAT KIND OF ART CAN YOU SUBMIT ?
INVITES ARTISTS TO SUBMIT Performance/Dance: up to 10
THEIR WORK. images of the piece or DVD of any length
showcasing the work.
WHAT IS AN ARTISTIC E XPRESSION? Film/Video: DVD of any length.
Artistic expression is visual, audio, material, or
Photographs/Drawings: originals; digital copies
performative art. This art can be a representation
up to 20 images on CD or DVD.
of reality, expression, or communication of emo-
tion. Artistic expressions for the NI can be about Music songs: audio version of the song, image of
a memory, feeling, truth, and knowledge. They the band, lyrics.
be acts of commemoration and/or may include
Poetry, Spoken Word, Novel, Plays,
messages of hope, loss, resilience, or reconcilia-
Graphic Art: relevant written sample of work; if
tion for families, lost loved ones, and survivors,
performed on DVD, any length.
and/or as messages to the general public.
Sculpture/Painting, Basketry,
Mixed Medium Art: please contact Senior
WHY IS THE NI CALLING FOR ARTISTIC
SUBMISSIONS? Archivist to ensure the archive can hold and
care for your artistic expression properly.
Art is an important medium for sharing
knowledge and truth that can have a profound Quilts, Fabric Art: please supply information
impact on others. It can be a permanent record on types of fabric used.
that shares the truth about violence against
Indigenous women and provides awareness of
SHARE WITH US: I DESIGNED THIS
the crisis of missing and murdered indigenous
ARTWORK BECAUSE
women and girls. Artistic expression allows
We want to ensure that the story of your art
artists to share their voices. Artistic expressions
accompanies the piece that you are submitting.
can be used as a tool to share knowledge,
This includes information about why you
promote activism, commemorate, engage in
created this art piece, in whose memory you
reconciliation, address trauma and support,
are donating it, what your artistic expression
and deepen and enhance the healing process.
means to you, and any other information you
would like to accompany your art piece. This
89

will help people who see your art connect to You can show your work of art to anyone
your artistic expression. else, at any time, as you choose.
If you agree, we would like to video record or
audio record this story. We will have equipment
THE LEGACY ARCHIVE
to do recordings at the hearings. If you are
mailing or emailing your artistic expression, Artworks submitted to the NI will be held
you can include a video recording, an audio as part of an archive that will be accessible
recording, or a written text about your art even after the Inquiry has ended. The Legacy
along with your donation. Archive will care for all artworks according to
the wishes of the donor.

WHAT WILL HAPPEN TO YOUR ART ? For ALL submissions, you MUST include
All artworks will be transferred to the Missing a completed Accession Form and a signed
and Murdered Indigenous Women and Girls Consent Form. We can help you fill these out.
Legacy Archive. This archive will care for each Please do NOT send master or original copies,
piece according to the wishes of the donor. unless you have decided that the National
An archivist from the NI will work with you to Inquiry can keep the original. You may also
fill out a form that will detail relevant informa- submit your artist bio or CV, your website
tion about your art. If you agree: address, or any other relevant material.

The NI may feature your work of art in Note: If we use your artwork for an exhibit,
its report, on its website, or as part of its outreach, or educational purposes, we will do our
public education efforts. best to contact you. We will use the most recent
contact information that you have provided.
The NI will be present at many
community and regional events. It may
be in contact with art galleries and PLEASE SEND YOUR SUBMISSIONS AND/OR
museums, as well as with filmmakers QUESTIONS TO:
who may wish to use your art in their If you have any questions about this process, or
films or TV or other programming. The how to submit your art, that are not addressed
NI may choose to feature your work of here, please contact the Senior Archivist:
art in any of these venues or provide
Petra Turcotte Senior Archivist
them to third parties that will use them
T: 431-996-4986
appropriately for public education
E: p.turcotte@mmiwg-ffada.ca
purposes, with proper credit to the artist.
Access to the works of art held at the NI
Legacy Archive may be made available
to people around the world who are
interested in learning more about missing
and murdered Indigenous women and
girls, subject to applicable laws.
OUR WOME N AN D GIRLS A RE SAC R ED

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OUR WOME N AN D GIRLS A RE SAC R ED

Notes

CHAPTER 1: REMEMBERING 6 Royal Canadian Mounted Police (RCMP), Missing and


WHY WERE HERE Murdered Aboriginal Women: A National Operational
Overview, 2014. Accessed August 11, 2017. http://www.
1 This report uses we and our throughout. This is rcmp-grc.gc.ca/en/missing-and-murdered-aborigin-
because this work isnt just that of the Commissioners al-women-national-operational-overview.
or National Inquiry staff members. This is a movement,
and the work of the National Inquiry includes everyone 7 See the section titled A police report concerning
working to ending violence against Indigenous women violence against Indigenous women in Canada in this
and girls. report for further discussion.

2 We acknowledge that among the many Indigenous 8 Paula Arriagada, Statistics Canada, Women in Canada:
groups and communities in Canada there are indi- A Gender-based Statistical Report: First Nations, Mtis
viduals recognized for their expertise and knowledge, and Inuit Women (February 23, 2016), 3. Accessed
rooted in their worldview. For example, the term August 2, 2017. http://www.statcan.gc.ca/pub/89-
Grandmother is common for some First Nations and 503-x/2015001/article/14313-eng.pdf.
Mtis, while Elder is used among Inuit for both male 9 Tina Hotton Mahony, Joanna Jacob, and Heather Hob-
and female. The term warrior is used among certain son, Statistics Canada, Women and the Criminal Justice
First Nations but in a hunter society such as the Inuit System, Women in Canada: A Gender-based Statistical
the term angunasutti (harvester) would be used for Report 7th ed. (June 6, 2017), 24. Accessed August 11,
men, or women, who provide food for their families 2017. http://www.statcan.gc.ca/pub/89-503-x/2015001/
and communities. The terms used here and throughout article/14785-eng.htm.
the text are meant to be understood as inclusive of all
Indigenous groups and communities various ways of 10 Infographic, Taken. Accessed August 12, 2017. http://
being and knowing. www.takentheseries.com/infographic/. Dr. Tracey Peter
is an Associate Professor and Associate Head in the
3 Truth and Reconciliation Commission of Canada Department of Sociology at the University of Manitoba.
(TRC), Honouring the Truth, Reconciling for the
Future: Summary of the Final Report of the Truth and 11 Jillian Boyce, Canadian Centre for Justice Statistics,
Reconciliation Commission of Canada (Winnipeg: Victimization of Aboriginal People in Canada, 2014,
Truth and Reconciliation Commission of Canada, Juristat 36, vol. 1 (June 28, 2016): 9. Accessed August 14,
2015), 12. Accessed August 12, 2017. http://www.trc.ca/ 2017. http://www.statcan.gc.ca/pub/85-002-x/2016001/
websites/trcinstitution/File/2015/Findings/Exec_Sum- article/14631-eng.htm.
mary_2015_05_31_web_o.pdf. 12 Boyce, Victimization of Aboriginal People in Canada, 9.
4 Native Womens Association of Canada (NWAC), What 13 Boyce, Victimization of Aboriginal People in Can-
Their Stories Tell Us: Research findings from the Sisters in ada,1314. The rate of spousal violence for Indigenous
Spirit initiative, 2010. Accessed August 11, 2017. https:// women is over three times that of non-Indigenous
nwac.ca/wp-content/uploads/2015/07/2010-What-Their- women.
Stories-Tell-Us-Research-Findings-SIS-Initiative.pdf.
14 Maire Sinha, Canadian Centre for Justice Statistics,
5 Maryanne Pearce, An Awkward Silence: Missing and Measuring violence against women: Statistical trends,
Murdered Vulnerable Women and the Canadian Justice Juristat (February 25, 2013): 19. Accessed August 14,
System, PhD diss., University of Ottawa, Ottawa, 2013. 2017. http://www.statcan.gc.ca/pub/85-002-x/2013001/
Accessed July 28, 2017. http://www.collectionscanada. article/11766-eng.pdf.
gc.ca/obj/thesescanada/vol2/OOU/TC-OOU-26299.pdf.
101

15 Kathryn Blaze Baum and Matthew McClearn, much of its promise has yet to be realized, Winnipeg
Prime target: How serial killers prey on indig- Free Press, September 14, 2013. Accessed July 14, 2017.
enous women, The Globe and Mail, November http://www.winnipegfreepress.com/local/slow-road-to-
22, 2015. Accessed August 13, 2017. https://www. justice-223729431.html.
theglobeandmail.com/news/national/prime-
29 Canada, Indigenous and Northern Affairs Canada,
targets-serial-killers-and-indigenous-women/
Highlights from the Report of the Royal Commission
article27435090/.
on Aboriginal Peoples: A Word from the Commission-
16 Mahony, Jacob, and Hobson, Women in Canada, 40. ers. Accessed July 14, 2017. http://www.aadnc-aandc.
gc.ca/eng/1100100014597/1100100014637. The full
17 Sinha, Measuring violence against women, 59.
RCAP report is available here: http://www.bac-lac.
18 First Nations Information Governance Centre, First gc.ca/eng/discover/aboriginal-heritage/royal-commis-
Nations Regional Health Survey (RHS) 2008/10: National sion-aboriginal-peoples/Pages/final-report.aspx.
Report on Adults, Youth and Children living in First
30 Canada, Highlights from the Report of the Royal
Nation Communities (Ottawa: FNIGC, 2012), 328.
Commission on Aboriginal Peoples.
Accessed August 14, 2017. http://fnigc.ca/resources.html.
31 Canada, Highlights from the Report of the Royal
19 First Nations Regional Health Survey, quoting Kirmayer
Commission on Aboriginal Peoples.
et al., 2007, 328.
32 Canada, Royal Commission on Aboriginal Peoples
20 Manitoba, Public Inquiry into the Administration
(RCAP), Report of the Royal Commission on Aboriginal
of Justice and Aboriginal People (AJI), Report of the
Peoples, Volume 1: Looking Forward, Looking Back
Aboriginal Justice Inquiry of Manitoba: Volume 1,
(RCAP), 1996, 229. Accessed August 11, 2017. http://
The Justice System and Aboriginal People (Winnipeg:
data2.archives.ca/e/e448/e011188230-01.pdf.
Public Inquiry into the Administration of Justice and
Aboriginal People, 1991), Chapter 1: The Inquiry and 33 Canada, RCAP, Looking Forward, Looking Back, 230.
the Issues. Accessed July 14, 2017. http://www.ajic.
34 Canada, RCAP, Report of the Royal Commission on
mb.ca/volumel/chapter1.html. The full report can be
Aboriginal Peoples, Volume 5, Renewal: A Twenty-Year
found here: http://www.ajic.mb.ca/volumel/toc.html.
Commitment, 1996, 1. Accessed August 11, 2017. http://
21 AJI, Chapter 5: Aboriginal and Treaty Rights. data2.archives.ca/e/e448/e011188230-05.pdf.
22 AJI, Chapter 1: The Inquiry and the Issues. 35 To learn more about which recommendations have
or have not been implemented, see: Indigenous Bar
23 AJI, Appendix 1: Recommendations.
Association in Canada, Making Aboriginal Policy:
24 Manitoba, Aboriginal Justice Implementation A Conference Ten Years after the Final Report of
Commission (AJIC),Aboriginal Justice Implementation the Royal Commission on Aboriginal Peoples, 18th
Commission: Final Report and Recommendations, Annual Fall Conference, Saskatoon, SK, October 1921,
(Winnipeg: The Commission, 2001). Accessed July 14, 2006. Accessed July 14, 2017. http://www.indigenous-
2017. http://www.ajic.mb.ca/volumel/toc.html. bar.ca/pdf/2006%20IBA%20Final%20Conference%20
Report.pdf; Martha Troian, 20 years since Royal
25 AJIC, Final Report.
Commission on Aboriginal Peoples, still waiting for
26 Alexandra Paul, Kids in Care a billion-dollar busi- change, CBC News, March 3, 2016. Accessed July 14,
ness, Winnipeg Free Press, December 4, 2016. Accessed 2017. http://www.cbc.ca/news/indigenous/20-year-an-
August 16, 2017. https://www.winnipegfreepress.com/ niversary-of-rcap-report-1.3469759; Institute on
local/advocate-wants-province-to-reveal-where-unused- Governance, Revisiting RCAP, Towards Reconcilia-
federal-child-tax-credits-are-going-375471321.html. tion: the Future of Indigenous Governance, Symposium
Paper, October 2014. Accessed July 14, 2017. https://
27 See: Aboriginal Justice Inquiry Child Welfare
iog.ca/research-publications/publications/revisit-
Initiative (AJI-CWI). Accessed July 14, 2017. http://
ing-rcap-towards-reconciliation-the-future-of-indigen-
www.aji-cwi.mb.ca/eng/.
I NTE R I M R EP O RT

ous-governance/; and Assembly of First Nations, Royal


28 See: Honourable Senator Kim Pate, Overrepresenta- Commission on Aboriginal People at 10 years: A Report
tion of Indigenous Women in Canadian Prisons, Card. November 2006. Accessed July 14, 2017. http://
Speech in the Senate, December 8, 2016, Accessed www.turtleisland.org/resources/afnrcap2006.pdf.
on August 3, 2017. https://sencanada.ca/en/speeches/
36 TRC, Truth and Reconciliation Commission of
speech-by-senator-kim-pate-on-the-over-representa-
Canada, Honouring the Truth, Reconciling for the
tion-of-indigenous-women-in-canadian-prisons/;
Future: Summary of the Final Report of the Truth and
Mary Agnes Welch, 25 years after the Aboriginal
Reconciliation Commission of Canada (Winnipeg:
Justice Inquiry began, much of its promise has yet to
M M I W G N AT I O N AL I N Q U I RY

Truth and Reconciliation Commission of Canada,


be realized, Winnipeg Free Press, September 14, 2013.
2015). Accessed August 14, 2017. http://www.trc.ca/
Accessed July 14, 2017. http://www.winnipegfreepress.
websites/trcinstitution/File/2015/Findings/Exec_Sum-
com/local/slow-road-to-justice-223729431.html.
mary_2015_05_31_web_o.pdf.
https://sencanada.ca/en/speeches/speech-by-senator-
kim-pate-on-the-over-representation-of-indigenous- 37 TRC, Truth and Reconciliation Commission of
women-in-canadian-prisons/; Mary Agnes Welch, Canada: Calls to Action (Winnipeg: Truth and
25 years after the Aboriginal Justice Inquiry began, Reconciliation Commission of Canada, 2015).
102

Accessed July 14, 2017. http://nctr.ca/assets/reports/ premiers-call-for-inquiry-on-missing-aboriginal-


Calls_to_Action_English2.pdf. women/article13398161/?ref=http://www.theglobeand-
mail.com&.
38 TRC, Honouring the Truth, Reconciling for the Future, 1.
2 James Anaya, United Nations Special Rapporteur on the
39 TRC, Honouring the Truth, Reconciling for the Future, 6.
Rights of Indigenous Peoples, Statement upon conclu-
40 In 2016, Manitoba passed the Path to Reconciliation sion of the visit to Canada, October 15, 2013. Accessed
Act, becoming the first province to commit in law to July 28, 2017. http://unsr.jamesanaya.org/statements/
implementing the TRCs Calls to Action. That same statement-upon-conclusion-of-the-visit-to-canada.
year, the Ontario government became the first province
3 These have included, but are not limited to: Metis
to create its own reconciliation plan to implement
artist Christi Belcourts publicly created Walking With
the TRCs Calls to Action. See: Manitoba 1st province
Our Sisters art installation; Metis artist Jaime Blacks
to introduce Truth and Reconciliation law, NDP
The REDress Project; the Native Womens Association
says, CBC News, February 25, 2016. Accessed July
of Canadas Faceless Dolls project; numerous news
14, 2017. http://www.cbc.ca/news/canada/manitoba/
investigations, television and film documentaries; and
manitoba-first-introduce-trc-legislation-1.3464110;
social media hashtags #MMIW and #AmINext?
Manitoba, Truth and Reconciliation Commission
Provides Blueprint for Canadians: Premier Selinger, 4 Missing&Murdered: The Unsolved Cases of Indigen-
December 15, 2015. Accessed July 14, 2017. http://news. ous Women and Girls, CBC News. Accessed August 21,
gov.mb.ca/news/index.html?item=37071; Premiers 2017. http://www.cbc.ca/missingandmurdered/.
commit to act on TRC recommendations after meeting
5 TRC, Honouring the Truth, Reconciling for the Future, 181.
with native leaders, National Post. Accessed July 14,
2017. http://nationalpost.com/news/politics/premiers- 6 For example, the Ipperwash Inquiry in Ontario
commit-to-act-on-trc-recommendations-after-meet- (199497) investigating the circumstances surrounding
ing-with-native-leaders/wcm/23b0a354-674c-49ee- the shooting death of Indigenous protestor Dudley
ad7d-67b6bd29d09c; British Columbia, BC making George by an officer of the Ontario Provincial Police
progress toward reconciliation, June 16, 2015. Accessed could not compel officials from the federal government,
July 14, 2017. https://archive.news.gov.bc.ca/releases/ or production of any of their documents, to attend
news_releases_2013-2017/2015ARR0021-000886.htm. before the Commissioner because as a provincial public
inquiry, its Commissioners did not have the legal pow-
41 AJI, Final Report, Chapter 9: Violence towards
ers to issue subpoenas against the federal government.
Aboriginal Women and Children.
7 For example, at the Whitehorse Community Hearing, the
42 Canada, RCAP, Report of the Royal Commission on
hearing space was smudged after each sharing session on
Aboriginal Peoples, Volume 3: Gathering Strength, 1996,
the advice of local Elders. This cleared the rooms energy
57. Accessed August 14, 2017. http://data2.archives.ca/e/
and allowed the next person to start in a good way.
e448/e011188230-03.pdf.
8 Jolle Pastora Sala and Byron Williams, Families First:
43 Canada, RCAP, Report of the Royal Commission on
Manitoba First Nations Ongoing Approach to Building
Aboriginal Peoples, Volume 4: Perspectives and Realities,
an Initiative for Action in Response to Call for a National
1996, 8889. Accessed August 14, 2017. http://data2.
Inquiry into Missing and Murdered Indigenous Women
archives.ca/e/e448/e011188230-04.pdf.
and Girls, Families First Foundation, December 8, 2014.
44 TRC, Canadas Residential Schools: The Legacy: The Accessed August 12, 2017. https://familiesfirstfoundation.
Final Report of the Truth and Reconciliation Commis- ca/media/documents/ExecutiveSummary.pdf; Families
sion of Canada, Volume 5 (2015), 258. Accessed August First Foundation, Manitoba First Nations Ongoing
21, 2017. http://nctr.ca/assets/reports/Final%20Reports/ Approach to Building an Initiative for Action in Response
Volume_5_Legacy_English_Web.pdf. to Call for a National Inquiry into Missing and Murdered
Indigenous Women and Girls (June 2015). Accessed
45 TRC, Canadas Residential Schools: The Legacy. 148.
August 12, 2017. https://familiesfirstfoundation.ca/
46 TRC, Canadas Residential Schools: Reconciliation: The media/documents/Families_First_Presentation.pdf.
Final Report of the Truth and Reconciliation Commis-
9 The Canadian Feminist Alliance for International
sion of Canada, Volume 6 (2015), 8587. Other works
Action (FAFIA), NWAC, and the Canadian Journal
consulted include Vasuki Nesiah et al., Truth Commis-
of Women and the Law have identified that failing to
sions and Gender: Principles, Policies and Procedures
clearly articulate what family means risks creating
(New York: International Centre for Transitional
more divisions between Indigenous women and girls
Justice [ICTJ], July 2006); Paige Arthur et al., Strength-
and their families, if their families arent mainstream.
ening Indigenous Rights through Truth Commissions: A
This is echoed (indirectly) by the coalition No More
Practitioners Resource (New York: ICTJ, 2012).
Silence.

CHAPTER 2: OUR STORY BEGINS


CHAPTER 3: OUR STORY BUILDS
1 Premiers call for inquiry on missing Aborig-
1 The Firelight Group with Lake Babine Nation and
inal women, The Globe and Mail, July 24,
Nakazdli Whuten, Indigenous Communities and
2013. Accessed September 21, 2017. https://
Industrial Camps: Promoting Healthy Communities in
beta.theglobeandmail.com/news/politics/
103

Settings of Industrial Change (February 2017). Accessed safety-committee/article11995544/; Wendy Stueck,


August 31, 2017. http://www.thefirelightgroup.com/ BC to resume issuing reports on inquiry into missing
thoushallnotpass/wp-content/uploads/2016/03/Fire- women, The Globe and Mail, December 8, 2016.
light-work-camps-Feb-8-2017_FINAL.pdf. Accessed July 14, 2017. https://www.theglobeandmail.
com/news/british-columbia/a-g-raps-bc-for-stopping-
2 Pacific Association of First Nations Women, Ending
progress-reports-on-missing-women-programs/
Violence Association of BC, and BC Womens Hospital
article33268829/; British Columbia. Auditor General of
& Health Centre,Researched to Death: BC Aboriginal
British Columbia, Follow-up on the Missing Women
Women and Violence (Vancouver: Ending Violence
Commission of Inquiry, December 2016. Accessed July
Association of BC, September 9, 2005). Accessed July
14, 2017. https://www.bcauditor.com/sites/default/files/
14, 2017. http://endingviolence.org/files/uploads/
publications/reports/FINAL_MWCI_2.pdf.
Researched_To_Death_Final_2005.pdf.
11 Committee on the Elimination of Discrimination
3 Pippa Feinstein and Megan Pearce, Violence Against
against Women, Report of the inquiry concerning
Indigenous Women and Girls in Canada. Review
Canada of the Committee on the Elimination of
of Reports and Recommendations, Legal Strategy
Discrimination against Women under article 8 of the
Coalition on Violence Against Indigenous Women
Optional Protocol to the Convention on the Elimination
(LSC), February 26, 2015. Accessed July 14, 2017. http://
of All Forms of Discrimination against Women, March
www.leaf.ca/legal/legal-strategy-coalition-on-violence-
30, 2015. Accessed July 14, 2017. http://tbinternet.ohchr.
against-indigenous-women-lsc/.
org/Treaties/CEDAW/Shared%20Documents/CAN/
4 Note: The reports of the Royal Commission on CEDAW_C_OP-8_CAN_1_7643_E.pdf.
Aboriginal Peoples, the Aboriginal Justice Inquiry, and
12 Inter-American Commission on Human Rights,
the Truth and Reconciliation Commission of Canada
Missing and Murdered Indigenous Women in British
have been reviewed earlier in this report.
Columbia, Canada, December 21, 2014. Accessed July
5 NWAC found that First Nations, Mtis, and Inuit 14, 2017. http://www.oas.org/en/iachr/reports/pdfs/
women were all affected, and made these distinctions Indigenous-Women-BC-Canada-en.pdf.
within their data set where possible. However, over half
13 RCMP, Missing and Murdered Aboriginal Women: A
of their cases were simply determined Aboriginal, and
National Operational Overview.
so it was not possible to break the data down further.
See p. 20 of NWACs report for a further discussion. 14 Royal Canadian Mounted Police (RCMP), Missing
and Murdered Aboriginal Women: 2015 Update to the
6 NWAC, What Their Stories Tell Us.
National Operational Overview, 2015. Accessed July
7 Canada, Special Committee on the Violence Against 14, 2017. http://www.rcmp-grc.gc.ca/wam/media/455/
Indigenous Women, Invisible Women: A Call to Action: original/c3561a284cfbb9c244bef57750941439.pdf.
A Report on Missing and Murdered Indigenous Women
15 RCMP, Missing and Murdered Aboriginal Women: 2015
in Canada, 41st Parliament, 2nd Session, March 2014.
Update to the National Operational Overview, 10.
Accessed July 14, 2017. http://ywcacanada.ca/data/
research_docs/00000359.pdf. 16 RCMP, Missing and Murdered Aboriginal Women: 2015
Update to the National Operational Overview, 18.
8 Note: These recommendations loosely follow the
recommendations themes discussed further below. 17 See: Legal Strategy Coalition on Violence Against
Indigenous Women, Analyzing the 2014 Royal
9 British Columbia, Wally T. Oppal, Commissioner,
Canadian Mounted Police (RCMP) Report, Missing and
Forsaken: The Report of the Missing Women Com-
Murdered Aboriginal Women: A National Operational
mission of Inquiry, November 19, 2012. Accessed
Review - A Guide for the Study of the RCMP Statistics in
July 14, 2017. http://www.missingwomeninquiry.ca/
the 2015 Report, June 16, 2015. Accessed July 14, 2017.
obtain-report/. Note: Several front-line workers and
http://www.leaf.ca/wp-content/uploads/2015/06/2015-
advocates expressed concern over the way the Oppal
06-16-MMIW-LSC-2014-Fact-Sheet-final-version.pdf;
Inquiry was conducted, noting it further marginalized
I NTE R I M R EP O RT

Legal Strategy Coalition, Part of the Solution, or Part


survivors, families, and Indigenous women living in
of the Problem? The RCMP Update 2015, June 29, 2015.
the Downtown Eastside. See: British Columbia Civil
Accessed July 14, 2017. http://www.leaf.ca/wp-content/
Liberties Association, West Coast Womens Legal
uploads/2015/06/LSC-Review-of-2015-RCMP-Update.
Education and Action Fund, Pivot Legal Society,
pdf. Advocates have pointed to several flaws in the
Blueprint for an Inquiry: Learning from the Failures
2014 RCMP reports use of data, and argued that it
of the Missing Women Commission of Inquiry, 2012.
emphasized domestic violence as the primary form of
Accessed July 14, 2017. https://d3n8a8pro7vhmx.
violence against Indigenous women, while failing to note
cloudfront.net/pivotlegal/pages/189/attachments/ori-
that domestic violence constitutes a large proportion of
M M I W G N AT I O N AL I N Q U I RY

ginal/1353022676/Missing_Women_Inquiry_web_doc.
violence against women in general, and that Indigenous
pdf.pdf?1353022676.
women are just as likely to have Indigenous or non-In-
10 See: Andrea Woo, Pickton lawsuits lead Steven Point digenous partners.
to quit womens safety committee, The Globe and
18 Canada, Justice Canada, Victim Services and Assistance
Mail, May 17, 2013. Accessed July 14, 2017. https://
for Families of Missing or Murdered Indigenous Women
www.theglobeandmail.com/news/british-columbia/
and Girls. Accessed September 20, 2017. http://www.
pickton-lawsuits-lead-steven-point-to-quit-womens-
justice.gc.ca/eng/fund-fina/cj-jp/fund-fond/vict.html.
104

19 Joanna Smith, Little progress on info units for families 2016. Accessed July 14, 2017. https://files.ontario.ca/
of missing, murdered indigenous women, The Can- mi-2006_evaiw_report_for_tagging_final-s.pdf.
adian Press, January 18, 2017. Accessed July 25, 2017,
26 Native Womens Association of Canada (NWAC),
http://www.metronews.ca/news/canada/2017/01/17/
National Roundtable on Missing and Murdered
little-progress-on-info-units-for-families-of-missing-
Indigenous Women and Girls: Working Together to
murdered-indigenous-women.html.
Prevent and Address Violence Against Indigenous
20 Canada, Action Plan to Address Family Violence and Women and Girls, February 28, 2015. Accessed July 14,
Violent Crimes Against Aboriginal Women and Girls, 2017. https://www.nwac.ca/2015/02/national-roundt-
September 15, 2014 (Action Plan). Accessed July 14, 2017. able-on-missing-and-murdered-aboriginal-women-
http://www.swc-cfc.gc.ca/fun-fin/ap-pa/index-en.html. and-girls/; Native Womens Association of Canada,
Outcomes & Priorities for Action to Address Violence
21 See: Hon. Carolyn Bennett, MP, Liberal Party of Can-
Against Indigenous Women and Girls, February
ada, Harpers Action Plan for Missing and Murdered
26, 2016. Accessed July 14, 2017. https://www.nwac.
Aboriginal Women and Girls: No New Action, Huff
ca/2016/03/3120/.
Post Politics, September 17, 2014. Accessed July 14, 2017.
http://www.huffingtonpost.ca/hon-carolyn-bennett/; 27 Alberta, Aboriginal Relations Department, Aboriginal
Pauktuutit, Pauktuutit Responds to Canadas Action Women. Accessed July 25, 2017. http://www.aborigin-
Plan to Address Family Violence and Violent Crimes al.alberta.ca/Aboriginal-Women.cfm; British Colum-
Against Aboriginal Women and Girls, December bia, Memorandum of Understanding Regarding Stopping
4, 2014. Accessed July 14, 2017. http://pauktuutit.ca/ Violence Against Aboriginal Women and Girls Between:
pauktuutit-responds-to-canadas-action-plan-to-ad- The Government of British Columbia, The First Nations
dress-family-violence-and-violent-crimes-against-ab- Summit, the Union of British Columbia Indian Chiefs,
original-women-and-girls/; Chiefs of Ontario, Ontario and the BC Assembly First Nations Leadership Council,
Regional Chief Encourages All to Visit the Murdered Mtis Nation of British Columbia. June 13, 2014.
and Missing Aboriginal Women Art Exhibit and Con- Accessed September 9, 2017. http://www2.gov.bc.ca/
tinues Demand for a National Enquiry, News Release, assets/gov/zzzz-to-be-moved/9efbd86da302a0712e-
September 19, 2014. http://www.chiefs-of-ontario.org/ 6559bdb2c7f9dd/9efbd86da302a0712e6559bdb2c7f9dd/
sites/default/files/news_files/NR-09-19-2014-MMIW- agreements/mou_stopping_violence_against_aborig-
ARTTBAY-FINAL.pdf; Amnesty International, Latest inal_women_girls.pdf.
federal action plan on violence against Indigenous
28 NWAC, National Roundtable; NWAC, Outcomes &
women short on action, News Release, September 16,
Priorities.
2014. Accessed August 21, 2017. http://www.amnesty.
ca/news/public-statements/latest-federal-%E2%80%- 29 Canada, Indigenous and Northern Affairs Canada,
9Caction-plan%E2%80%9D-on-violence-against-in- Family Violence Prevention Program. Accessed July
digenous-women-short-on-. 25, 2017. http://www.aadnc-aandc.gc.ca/eng/110010003
5253/1100100035254.
22 Tavia Grant, The Trafficked,The Globe and
Mail, February 10, 2016. Accessed September 6, 30 Canada, Indigenous and Northern Affairs Canada,
2017.https://www.theglobeandmail.com/news/ Evaluation of the Family Violence Prevention Pro-
national/the-trafficked-sexual-exploitation- gram. February 2012, accessed July 25, 2017, https://
is-costing-canadian-women-their-lives/ www.aadnc-aandc.gc.ca/eng/1355952957773/135595318
article28700849/. 6153#chp4.
23 One example of these generalized plans is the Associ- 31 Canada, Family Violence Prevention Program.
ation of Alberta Sexual Assault Services province-wide
32 National Aboriginal Circle Against Family Violence,
sexual violence action plan. See: Association of
Why we exist. Accessed July 24, 2017. http://nacafv.
Alberta Sexual Assault Services, Alberta Sexual
ca/about/why-we-exist/.
Violence Action Plan. Accessed July 25, 2017. https://
s3-us-west-2.amazonaws.com/aasas-media-library/ 33 Carrier Sekani Family Services, Current Initiatives,
AASAS/wp-content/uploads/2017/05/AASAS-Sex- Highway of Tears: Preventing Violence Against Women.
ual-Violence-Action-Plan.pdf; Shari Narine, Alberta Accessed July 25, 2017. http://www.highwayoftears.ca/
releases action plan with four-part approach to end current-initiative.
sexual violence, Windspeaker, May 12, 2017. Accessed
34 RCMP, Missing and Murdered Aboriginal Women: A
July 25, 2017. http://www.windspeaker.com/news/
National Operational Overview.
windspeaker-news/alberta-releases-action-plan-with-
four-part-approach-to-end-sexual-violence/. 35 See: Highway of Tears bus service to run from Prince
George to Prince Rupert by the end of the year, BC
24 See: British Columbia, Ministers Advisory Council on
says, National Post. Accessed July 14, 2017. http://news.
Aboriginal Women, Terms of Reference. Accessed July
nationalpost.com/news/highway-of-tears-bus-service-
25, 2017. http://www2.gov.bc.ca/assets/gov/british-col-
to-run-from-prince-george-to-prince-rupert-by-the-
umbians-our-governments/aboriginal-people/aborigin-
end-of-the-year-b-c-says; Bethany Lindsay, A long
al-peoples-documents/macaw_termsofreference.pdf.
time coming: Highway of Tears gets 2 new bus routes,
25 Ontario, Walking Together: Ontarios Long-term Strategy CBC News, June 29, 2017. Accessed July 14, 2017.
to End Violence Against Indigenous Women, February http://www.cbc.ca/news/canada/british-columbia/a-
long-time-coming-highway-of-tears-gets-2-new-bus-
105

routes-1.4166749; and British Columbia, Ministry Eradication of Violence against Women (Convention of
of Justice, A Final Status Update Report in Response Belm do Par). Accessed July 25, 2017. https://www.
to: Forsaken The Report of the Missing Women oas.org/en/mesecvi/docs/BelemDoPara-ENGLISH.
Commission of Inquiry, December 2014. Accessed pdf. See also: Belm do Par Convention, http://belem-
July 14, 2017. https://www2.gov.bc.ca/assets/gov/law- dopara.org/en/convencion-belem-do-para/; Organiza-
crime-and-justice/about-bc-justice-system/inquiries/ tion of American States, Department of International
mwci_report_2014.pdf. Law, Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against
36 Jennifer Graham, Indigenous women say shut down
Women (Convention of Belm do Par). Accessed July
of Saskatchewan bus service will cost lives, National
25, 2017. http://www.oas.org/juridico/english/sigs/a-61.
Observer, June 23, 2017. Accessed July 14, 2017. http://
html.
www.nationalobserver.com/2017/06/23/news/
indigenous-woman-says-shut-down-saskatchewan- 46 International Labour Organization, Up-to-date
bus-service-will-cost-lives. Conventions and Protocols not ratified by Canada.
Accessed September 18, 2017, http://www.ilo.org/
37 See: Jennifer Graham, Regina woman files human
dyn/normlex/en/f?p=1000:11210:0::NO:11210
rights complaint, alleges discrimination after STC
:P11210_COUNTRY_ID:102582.
closure, CBC News, June 23, 2017. Accessed July 25,
2017. http://www.cbc.ca/news/canada/saskatchewan/ 47 International Labour Organization, C169 Indigenous
deiter-human-rights-complaint-1.4174640; Kendall and Tribal Peoples Convention, 1989 (No. 169). Ac-
Latimer, Lives could be at stake: Womens groups cessed July 25, 2017. http://www.ilo.org/dyn/normlex/
want feds to act on Sask. STC closure, CBC News, en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_
July 7, 2017. Accessed July 25, 2017. http://www. CODE:C169.
cbc.ca/news/canada/saskatchewan/women-organ-
48 British Columbia, Ministry of Justice, A Final Status
izations-write-to-federal-government-stc-clos-
Update Report in Response to: Forsaken The Report of
ure-1.4194775.
the Missing Women Commission of Inquiry, December
38 Judie Bopp, Shylah Elliot, and Rian van Bruggen, 2014. Accessed August 19, https://www2.gov.bc.ca/
The Little Voices of Nunavut: A Study of Womens assets/gov/law-crime-and-justice/about-bc-justice-
Homelessness North of 60 (Iqaluit, NU: Qulliit system/inquiries/mwci_report_2014.pdf.
Nunavut Status of Women Council, 2007).
49 British Columbia, Auditor General of British Columbia,
Accessed July 14, 2017. https://static1.squarespace.
Follow-up on the Missing Women Commission of Inquiry
com/static/54b93da3e4b096702d3b8bb-
(December 2016), 23. Accessed August 21, 2017. https://
d/t/56aa3f9f9cadb6b4b9f0d745/1453997994982/
www.bcauditor.com/sites/default/files/publications/
THE+LITTLE+VOICES+OF+NUNAVUT_Nuna-
reports/FINAL_MWCI_2.pdf.
vut+Territorial+Report+Homelessness_+jan+07.pdf.
50 Brenda Belak, Voices of the Families Recommendations
39 International Labour Organization, Up-to-date
of the Families of the Missing and Murdered Women,
Conventions and Protocols not ratified by Canada. Ac-
May 2012. Accessed September 8, 2017. http://www.
cessed July 25, 2017. http://www.ilo.org/dyn/normlex/
missingwomeninquiry.ca/wp-content/uploads/2010/10/
en/f?p=NORMLEXPUB:11210:0::NO::P11210_COUN-
CONS-3-May-2012-BB-Voices-of-the-Families-Recom-
TRY_ID:102582.
mendations-of-the-Families-of-the-Missing-Murdered-
40 United Nations, United Nations Declaration on the Women.pdf.
Rights of Indigenous Peoples, March 2008. Accessed
51 British Columbia, Follow-up on the Missing Women
July 2, 2017. http://www.un.org/esa/socdev/unpfii/
Commission of Inquiry.
documents/DRIPS_en.pdf.
52 AANDC Cuts to First Nation Organizations and Tribal
41 Tim Fontaine, Canada officially adopts UN declara-
Councils UPDATED, APTN National News, 2015.
tion on rights of Indigenous peoples, CBC News,
Accessed July 25, 2017. http://aptn.ca/news/wp-content/
May 10, 2016, accessed July 14, 2017, http://www.
I NTE R I M R EP O RT

uploads/sites/4/2015/01/15-01-13-Federal-Budget-
cbc.ca/news/indigenous/canada-adopting-imple-
Cuts-to-FN-Organizations-and-Tribal-Councils-1.
menting-un-rights-declaration-1.3575272.
pdf; Jorge Barrera, Aboriginal Organizations hit
42 Canada, Justice Canada, Principles respecting the with $60 million worth of cuts, Inuit faced steepest
Government of Canadas relationship with Indigenous reduction: AFN analysis, APTN National News,
peoples. Accessed September 22, 2017. http://www. January 13, 2015. Accessed July 25, 2017. http://aptn.ca/
justice.gc.ca/eng/csj-sjc/principles-principes.html. news/2015/01/13/aboriginal-organizations-hit-60-mil-
lion-worth-cuts-inuit-faced-steepest-reduction-afn-an-
43 Canada, Library of Parliament, Hillnotes, Gen-
alysis/.
M M I W G N AT I O N AL I N Q U I RY

der-based Analysis Plus in Canada. Accessed


September 22, 2017. https://hillnotes.ca/2017/05/26/ 53 Joanna Smith, Lifting First Nations funding
gender-based-analysis-plus-in-canada/. cap will take time, AFNs Perry Bellegarde
says, CBC News, June 16, 2016. Accessed July
44 United Nations, United Nations Declaration on the
25, 2017. http://www.cbc.ca/news/politics/
Rights of Indigenous Peoples.
carolyn-bennett-two-per-cent-cap-1.3639189.
45 Organization of American States, Inter-American
Convention on the Prevention, Punishment, and
106

54 Elizabeth McSheffrey, Heres what Budget 2017 Children in Alberta, July 2016. Accessed July 14,
means for Indigenous people, National Observer, 2017. https://www.oag.ab.ca/webfiles/reports/
March 22, 2017. Accessed July 25, 2017. http:// July2016HSReport.pdf; and Alberta, Office of the
www.nationalobserver.com/2017/03/22/news/ Child and Youth Advocate Alberta, Voices for Change:
heres-what-budget-2017-means-indigenous-people. Aboriginal Child Welfare in Alberta: A Special
Report, July 2016. Accessed July 14, 2017. http://
55 Canada, Department of Finance, Budget 2016, Chapter
www.ocya.alberta.ca/wp-content/uploads/2014/08/
3: A Better Future for Indigenous Peoples. Accessed
SpRpt_2016July_VoicesForChange_v2.pdf.
September 22, 2017. http://www.budget.gc.ca/2016/
docs/plan/ch3-en.html. 64 See: Emma Graney, All-party committee to investigate
Alberta children in care, Edmonton Journal, December
56 Canada, Indigenous and Northern Affairs Canada,
1, 2016. Accessed July 25, 2017. http://edmontonjournal.
Inuit Nunangat Declaration on Inuit-Crown
com/news/politics/all-party-committee-to-investi-
Partnership, February 9, 2017. Accessed July
gate-alberta-children-in-care; Paula Simons, Crisis
25, 2017. http://pm.gc.ca/eng/news/2017/02/09/
management for Albertas two-tier child welfare
inuit-nunangat-declaration-inuit-crown-partnership.
system, Edmonton Journal, May 8, 2017. Accessed
57 Ben Spurr and Joanna Smith, Budget commits nearly September 19, 2017.http://edmontonjournal.com/
$8.4 billion to improving living conditions of indigenous storyline/paula-simons-crisis-management-for-alber-
peoples, Toronto Star, March 22, 2016. Accessed July 25, tas-two-tier-child-welfare-system.
2017. https://www.thestar.com/news/canada/2016/03/22/
65 Ed John, Indigenous Resilience, Connectedness and
budget-commits-nearly-84-billion-to-improving-living-
Reunification From Root Causes to Root Solution: A
conditions-of-indigenous-peoples.html
Report on Indigenous Child Welfare in British Columbia,
58 First Nations Child and Family Caring Society of November 2016. Accessed July 14, 2017. http://fns.
Canada v Attorney General of Canada (for the Minister bc.ca/our-resources/indigenous-resilience-connected-
of Indian and Northern Affairs Canada), 2016 CHRT ness-and-reunification-from-root-causes-to-root-solu-
2. Accessed July 14, 2017. https://fncaringsociety.com/ tions.
sites/default/files/2017%20CHRT%2014.pdf.
66 British Columbia, Mary Ellen Turpel, and Linda
59 Jordans Principle states that if an Indigenous child is Reid, When Talk Trumped Service: A Decade of Lost
in need of medical services, they must receive them Opportunity for Aboriginal Children and Youth in BC:
immediately from the government of first contact. Special Report (Victoria: Representative for Children
The principle arose in response to disputes that would and Youth, November 2013). Accessed July 25, 2017.
arise between the provincial and federal governments https://www.rcybc.ca/sites/default/files/documents/pdf/
over which jurisdiction would have to pay for these reports_publications/when_talk_trumped_service.pdf.
medical services. Prior to the establishment of Jordans
67 First Nations Family Advocate Office, Assembly of
Principle, children would not receive the medical care
Manitoba Chiefs, Lifting Up Children: Manitoba First
they required, while governments contested their
Nations Open Forum on Child Welfare: Report. Ac-
jurisdictional responsibilities.
cessed July 25, 2017. http://firstnationsfamilyadvocate.
60 Ontario Native Womens Association, Violence against com/wp-content/uploads/AMC-Lifting-Up-Children-
Aboriginal Women and Child Welfare Connections Report.pdf.
Paper and Annotated Bibliography, 2011. Accessed
68 Geoff Leo, Hundreds of children with social services
July 25, 2017. http://www.onwa.ca/upload/documents/
ties died in Sask., CBC News, January 20, 2014.
violence-against-women-and-child-welfare-paper.
Accessed July 25, 2017. http://www.cbc.ca/news/canada/
pdf; Pam Palmeter, From foster care to missing or
saskatchewan/hundreds-of-children-with-social-servi-
murdered: Canadas other tragic pipeline, Macleans,
ces-ties-died-in-sask-1.2501435.
April 12, 2017. http://www.macleans.ca/news/canada/
from-foster-care-to-missing-or-murdered-canadas- 69 See: Canada, Auditor General of Canada, Report
other-tragic-pipeline/. of the Auditor General of Canada to the Legislative
Assembly of Nunavut2011: Children, Youth and
61 First Nations Child and Family Caring Society of
Family Programs and Services in Nunavut (Ottawa:
Canada v. Attorney General of Canada (for the Minister
Auditor General of Canada, 2011). Accessed July 25,
of Indian and Northern Affairs Canada), 2016, CHRT
2017. http://www.oag-bvg.gc.ca/internet/English/
2. Accessed July 14, 2017. https://fncaringsociety.com/
nun_201103_e_35006.html; Northwest Territories,
sites/default/files/2017%20CHRT%2014.pdf.
Report on the Review of the Child and Family Services
62 Joshua Ostroff, Trudeau Budget Continues Illegal Act: Building Stronger Families (Yellowknife, NWT:
Discrimination Against Indigenous Children: Cindy Northwest Territories Legislative Assembly, October
Blackstock, Huff Post, March 23, 2017. Accessed July 2010). Accessed July 25, 2017. http://www.assembly.gov.
14, 2017. http://www.huffingtonpost.ca/2017/03/23/tru- nt.ca/sites/default/files/10-10-21report-english.pdf, and
deau-budget-indigenous-child-welfare_n_15566988. the resulting Northwest Territories, Building Stronger
html. Families: An Action Plan to Transform Child and Family
Services (Yellowknife, NWT: Northwest Territories
63 Alberta, Auditor General of Alberta, Report of the
Legislative Assembly, October 16, 2014). Accessed July
Auditor General of Alberta: Human Services Systems
25, 2017. http://www.assembly.gov.nt.ca/sites/default/
to Deliver Child and Family Services to Indigenous
files/td_120-175.pdf.
107

70 See: Jody Porter, First Nations students get 30 per 14, 2017. http://www.oas.org/en/iachr/reports/pdfs/
cent less funding than other children, economist says, Indigenous-Women-BC-Canada-en.pdf.
CBC News, March 14, 2016. Accessed July 25, 2017.
77 Canada, Indigenous and Northern Affairs Canada,
http://www.cbc.ca/news/canada/thunder-bay/first-na-
On-Reserve Housing Reform Engagement 2016
tions-education-funding-gap-1.3487822; Don Drum-
Discussion Guide: Beyond the first step. Accessed July
mond, and Ellen K. Rosenbluth, The Debate on First
25, 2017. https://www.aadnc-aandc.gc.ca/eng/14755926
Nations Education Funding: Mind the Gap. Working
13069/1475593624221.
Paper 49, School of Policy Studies, Queens University,
2013. Accessed September 22, 2017. https://qspace. 78 See: Canada, Indigenous and Northern Affairs Canada,
library.queensu.ca/bitstream/handle/1974/14846/ First Nation On-Reserve Housing Program. Accessed
Drummond_et_al_2013_Debate_on_First_Nations. July 25, 2017. https://www.aadnc-aandc.gc.ca/eng/110
pdf;jsessionid=525AEC4B1F300EC7177D8698C- 0100010752/1100100010753; Canada, Indigenous and
37D9849?sequence=1. Northern Affairs Canada, Indigenous and Northern
Affairs Canada, Ministerial Loan Guarantees.
71 Barry Anderson and John Richards, Students in
Accessed July 25, 2017. https://www.aadnc-aandc.gc.ca/
Jeopardy: An Agenda for Improving Results in
eng/1100100010759/1100100010763; Canada Mortgage
Band-Operated Schools, C.D. Howe Institute, January,
and Housing Corporation, Non-Profit Housing Pro-
2016. Accessed July 25, 2017. https://www.cdhowe.
gram. Accessed July 25, 2017. https://www.cmhc-schl.
org/public-policy-research/students-jeopardy-agen-
gc.ca/en/first-nation/financial-assistance/non-profit/
da-improving-results-band-operated-schools.
housing-program.cfm.
72 The inquest into the deaths of seven Indigenous youths
79 Alberta, Alberta Secretariat for Action on Home-
in Thunder Bay contains 145 recommendations, many
lessness, A Plan for Alberta: Ending Homelessness in
of which relate specifically to improving Indigenous
10 Years, 2008. Accessed July 25, 2017. http://www.
students well-being as well as that of their families.
humanservices.alberta.ca/documents/PlanForAB_Sec-
See: Ontario, Office of the Chief Coroner, Verdict of
retariat_final.pdf; 10-year plan to end homelessness
Coroners Jury, June 28, 2016. Accessed August 22, 2017.
in Alberta falls short, CBC News, September 11, 2015.
http://www.nan.on.ca/upload/documents/jury-ver-
Accessed July 25, 2017. http://www.cbc.ca/news/canada/
dict-and-recommendations.pdf.
edmonton/10-year-plan-to-end-homelessness-in-
73 See: Oscar Baker III, More Indigenous education alberta-falls-short-1.3223712.
needed in school systems, expert says, CBC News,
80 Yukon Housing Corporation, Ours to Build On:
September 3, 2016. Accessed July 25, 2017. http://
Housing Action Plan. Accessed July 25, 2017. http://
www.cbc.ca/news/canada/new-brunswick/trc-educa-
www.housingactionplan.ca/#home.
tion-indigenous-history-1.3746214; Jo-ann Archibald
Qum Qum Xiiem and Jan Hare, Indigenizing 81 British Columbia, BC First Nations Housing Memoran-
Education in Canada, Draft Background Paper for dum of Understanding: First Nations Housing Mem-
RCAP, October 24, 2016. Accessed July 25, 2017. orandum of Understanding between the First Nations
http://www.queensu.ca/sps/sites/webpublish.queensu. Leadership Council Representing the BC Assembly of
ca.spswww/files/files/Events/Conferences/RCAP/ First Nations, the First Nations Summit and the Union
Papers/Archibald_Hare_Indigenizing_Education. of BC Indian Chiefs, and the Government of Canada
pdf; and Northwest Territories, Aboriginal Student As Represented by the Ministers of: Indian Affairs and
Achievement Update, December 9, 2011. Accessed Federal Interlocutor for Metis and Non-Status Indians,
August 22, 2017. http://www.gov.nt.ca/newsroom/ and; Minister of Human Resources and Skills Develop-
aboriginal-student-achievement-update. ment Styled As Minister of Human Resources and Social
Development, and the Government of British Columbia
74 Kieran Oudshoom, Decolonization is the solution
As Represented by the Minister of Aboriginal Relations
for aboriginal education, experts say, CBC News, De-
and Reconciliation on Behalf of the Minister Responsible
cember 19, 2015. Accessed August 22, 2017. http://www.
for Housing (Collectively the Parties) (Victoria,
cbc.ca/news/canada/north/decolonization-as-solu-
I NTE R I M R EP O RT

BC: Ministry of Forests and Range and Minister


tion-to-aboriginal-education-1.3371382.
Responsible for Housing, 2008). Accessed July 25,
75 Six cities chosen as test sites for national an- 2017. http://www.housing.gov.bc.ca/pub/housingpdf/
ti-poverty strategy, The Globe and Mail, September Tripartite_FNHousing_MOU.pdf; British Columbia,
2, 2016. Accessed July 25, 2017. https://www. BC Housing, Addressing Aboriginal Housing Needs.
theglobeandmail.com/news/politics/six-cities-chosen- Accessed July 25, 2017. https://www.bchousing.org/
as-test-sites-for-national-anti-poverty-strategy/ aboriginal/addressing-aboriginal-housing-needs.
article31694201/.
82 Gloria Galloway, Ottawa still failing to provide
M M I W G N AT I O N AL I N Q U I RY

76 See: Amnesty International, Stolen Sisters A Human adequate healthcare on reserves: report, The
Rights Response to Discrimination and Violence Globe and Mail, January 25, 2017. Accessed
Against Indigenous Women in Canada, 2004. August 28, 2017. https://www.theglobeandmail.
Accessed July 14, 2017. http://www.amnesty.ca/sites/ com/news/politics/ottawa-still-failing-to-pro-
default/files/amr200032004enstolensisters.pdf; and vide-adequate-health-care-on-reserves-report/
the Inter-American Commission on Human Rights, article33746065/.
Missing and Murdered Indigenous Women in British
Columbia, Canada, December 21, 2014. Accessed July
108

83 Kristy Kirkup, Trudeau announces new funding for Website. Accessed July 14, 2017. http://laws-lois.justice.
indigenous mental health services, Toronto Star, June gc.ca/eng/acts/F-1.2/.
13, 2016. Accessed July 25, 2017. https://www.thestar.
96 Royal Canadian Mounted Police (RCMP), Working
com/news/canada/2016/06/13/justin-trudeau-to-meet-
Together to End Violence Against Indigenous Women
with-chief-of-troubled-attawapiskat-first-nation.html.
and Girls: A National Scan of RCMP Initiatives, May
84 Alberta Mental Health Board, Aboriginal Mental 2017. Accessed July 14, 2017. http://www.rcmp-grc.
Health: A Framework for Alberta (Edmonton, AB: gc.ca/wam/media/1830/original/c9e8444da1a3ddb-
Alberta Mental Health Board, 2006). Accessed July 48aefaeb3f48a7306.pdf.
25, 2017. http://www.albertahealthservices.ca/assets/
97 Katie Scrim and Naomi Giff-Mackinnon, Specialized
healthinfo/MentalHealthWellness/hi-mhw-aborigin-
Victim Services for the Families of Missing and
al-framework.pdf.
Murdered Aboriginal Women: An Overview of Scope,
85 Ontario, Ontario launches $222 Million First Nations Reach, and Impact. Accessed July 14, 2017. http://www.
Health Action Plan, May 25, 2016. Accessed July justice.gc.ca/eng/rp-pr/cj-jp/victim/rd8-rr8/p5.html.
25, 2017. https://news.ontario.ca/mohltc/en/2016/05/
98 RCMP, Working Together, 18.
ontario-launches-222-million-first-nations-health-
action-plan.html. 99 Jody Porter, First Nations say suicide crisis
requires same response as natural disasters, CBC
86 First Nations Health Authority, About the FNHA.
News, March 24, 2017. Accessed July 25, 2017.
Accessed September 22, 2017. http://www.fnha.ca/
http://www.cbc.ca/news/canada/thunder-bay/
about/fnha-overview.
social-emergencies-summit-1.4038363.
87 Duncan McCue, Warriors Against Violence: tries to
100 Brittany Collier, Emergency Management on First
heal aboriginal men, CBC News, July 6, 2015. Accessed
Nations Reserves, Background Paper, Library of
July 25, 2017. http://www.cbc.ca/news/indigenous/
Parliament Research Publications, November 9, 2015.
warriors-against-violence-tries-to-heal-aboriginal-
Accessed July 14, 2017. https://lop.parl.ca/Content/LOP/
men-1.3136168.
ResearchPublications/2015-58-e.html; Allan Woods,
88 Canada, Kizhaay Anishnaabe Niin, I am A First Nations cry for help gets little government
a Kind Man, Canadian Best Practices attention: Star investigation, Toronto Star, April 25,
Portal. Accessed July 25, 2017. http:// 2016. Accessed July 14, 2017. https://www.thestar.com/
cbpp-pcpe.phac-aspc.gc.ca/aboriginalwtt/ news/canada/2016/04/25/a-first-nations-cry-for-help-
kizhaay-anishinaabe-niin-im-a-kind-man/. gets-little-government-attention-star-investigation.html.
89 Manitoba, Aboriginal Mens Anti-Violence Cam- 101 Indigenous children are dying while Ottawa fights a
paign. Accessed July 25, 2017. https://www.gov.mb.ca/ ruling that calls for action, CBC Radio, Day 6 with
stoptheviolence/amavc.html. Brent Bambury, July 21, 2017. Accessed July 25, 2017.
http://www.cbc.ca/radio/day6/episode-347-cindy-
90 At the same time, it is important to note that not
blackstock-seeks-justice-man-vs-beast-steve-jobs-
all Nations or Indigenous communities will have the ca-
opera-women-s-rights-in-saudi-and-more-1.4213358/
pacity to fully create, administer, and/or fund their own
indigenous-children-are-dying-while-ottawa-fights-
initiatives. When government assistance is required,
a-ruling-that-calls-for-action-1.4213378?utm_con-
it should still give rise to a Nations or communitys
tent=bufferc3e60&utm_medium=social&utm_
self-determination.
source=twitter.com&utm_campaign=buffer.
91 For examples, see the AJIC, Oppal Commission, and
102 Canada, Health, Working Together to Prevent Suicide in
CEDAW reports, and new government strategies such
Canada: the 2016 Progress Report on the Federal Frame-
as Ontarios Reconciliation Plan.
work for Suicide Prevention, December 2016. Accessed
92 Descheneaux v. Canada (Procureur Gnral), 2015 July 25, 2017. https://www.canada.ca/en/public-health/
QCCS 3555 (CanLII). Accessed July 14, 2017. https:// services/publications/healthy-living/2016-progress-re-
www.canlii.org/en/qc/qccs/doc/2015/2015qccs3555/201 port-federal-framework-suicide-prevention.html;
5qccs3555.html?resultIndex=9. House of Commons report on Indigenous suicide
issues 28 recommendations, Toronto Star, June 19,
93 Bill S-3, An Act to amend the Indian Act (elimination of
2017. Accessed July 25, 2017. https://www.thestar.
sex-based inequities in registration), 1st Sess, 42nd Parl,
com/news/canada/2017/06/19/house-of-commons-re-
2017 (as passed by the Senate June 1, 2017). Accessed
port-on-indigenous-suicide-issues-28-recommenda-
July 14, 2017. http://www.parl.ca/DocumentViewer/
tions.html.
en/42-1/bill/S-3/third-reading.
103 Canada, Public Safety Canada, National Action Plan
94 Marc Andre Cossette, Dj vu for First Nations
to Combat Human Trafficking, 2012. Accessed July 14,
women, as Ottawa seeks more time to rid Indian
2017. https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/
Act of sexism, CBC News, June 12, 2017. Accessed
ntnl-ctn-pln-cmbt/ntnl-ctn-pln-cmbt-eng.pdf.
July 14, 2017. http://www.cbc.ca/news/politics/
indian-act-gender-discrimination-deja-vu-1.4153483. 104 Bedford v. Canada, [2013] SCC 72. Accessed July
14, 2017. https://scc-csc.lexum.com/scc-csc/scc-csc/
95 Canada, Family Homes on Reserves and Matrimonial
en/item/13389/index.do; Pivot Legal, Bill C-36: A
Interests or Rights Act, SC2013 c 20, Justice Laws
109

Backgrounder, November, 2014. Accessed July 14, 2017. rnwd-pprch-plcng-ndgns-cmmnts/rnwd-pprch-plcng-


http://www.pivotlegal.org/bill_c_36_a_backgrounder. ndgns-cmmnts-en.pdf.
105 Ontario, Michael H. Tulloch, Chapter 10: Indigenous 113 Cholette, A Renewed Approach.
Peoples and Police Oversight, Report of the Independent
114 Jody Porter, Police accused of verbal assault during
Police Oversight Review, 2017. Accessed July 25, 2017.
training session on missing, murdered Indigenous
https://opcc.bc.ca/wp-content/uploads/2017/04/2017-
women, CBC News, September 13, 2016. Accessed July
04-06-Report-of-the-Independent-Police-Oversight-
25, 2017. http://www.cbc.ca/news/canada/thunder-bay/
Review.pdf at paragraphs 16, 17, and 27.
thunder-bay-police-mmiw-training-1.3758791.
106 Ontario, Tulloch, at paragraph 17.
115 Canada, Public Safety Canada, Community Constable
107 Meghan Rhoad, Those Who Take Us Away: Abusive (CC) Program (Synopsis), March 5, 2014. Accessed July
Policing and Failures in Protection of Indigenous 25, 2017.https://www.publicsafety.gc.ca/cnt/cntrng-
Women and Girls in Northern British Columbia, Can- crm/plcng/cnmcs-plcng/ndx/snpss-eng.aspx?n=97.
ada, Human Rights Watch (New York), 2013. Accessed
116 Nicholas A. Jones et al., First Nations Policing: A
July 25, 2017. https://www.hrw.org/report/2013/02/13/
Review of the Literature, August 2014. Accessed July
those-who-take-us-away/abusive-policing-and-fail-
25, 2017. http://www.justiceandsafety.ca/rsu_docs/
ures-protection-indigenous-women.
aboriginal-policing---complete-with-cover.pdf.
108 Bob Paulson, Chairperson-Initiated Complaint and
117 RCMP, Working Together.
Public Interest Investigation regarding Policing in
Northern British Columbia Chairpersons Final Report 118 Katie Scrim and Naomi Giff-Mackinnon, Specialized
After Commissioners Response, Civilian Review and Victim Services for the Families of Missing and
Complaints Commission for the RCMP, February 2017. Murdered Aboriginal Women: An Overview of Scope,
Accessed July 14, 2017. https://www.crcc-ccetp.gc.ca/ Reach, and Impact. Accessed July 14, 2017. http://www.
pdf/northernBC-finR-en.pdf. justice.gc.ca/eng/rp-pr/cj-jp/victim/rd8-rr8/p5.html.
109 Human Rights Watch, Submission to the Government 119 Canadian Victims Bill of Rights, SC 2015, c13, s2.
of Canada: Police Abuse of Indigenous Women in Sas- Accessed July 25, 2017. http://laws-lois.justice.gc.ca/
katchewan and Failures to Protect Indigenous Women eng/acts/C-23.7/page-1.html.
from Violence, 2017. Accessed July 14, 2017. https://
120 Canada, Office of the Federal Ombudsman for Victims of
www.hrw.org/sites/default/files/supporting_resources/
Crime, Services by province/territory. Accessed July 25,
canada_saskatchewan_submission_june_2017.pdf.
2017. http://www.victimsfirst.gc.ca/serv/spt-spt.html.
110 See: Benjamin Shingler, Indigenous police officers
121 See: Mushkegowuk Council, Victim Services.
added in Val-dOr in wake of abuse allegations, CBC
Accessed July 25, 2017. http://www.mushkegowuk.
News, November 23, 2016. Accessed July 14, 2017.
com/?page_id=2104; Native Womens Association of
http://www.cbc.ca/news/canada/montreal/val-dor-
the Northwest Territories, Victim Services. Accessed
surete-du-Qubec-indigenous-1.3863554; Benjamin
July 25, 2017. https://nativewomensnwt.com/programs/
Shingler, 37 cases of alleged police abuse in Val dOr
victim-services/.
handed over to Crown, CBC News, November 14,
2016. Accessed July 25, 2017. http://www.cbc.ca/news/ 122 See consultation notice: Indigenous Victim Services.
canada/montreal/val-dor-abuse-surete-du-Qubec- Accessed July 25, 2017. http://www.akwesasne.ca/sites/
montreal-police-1.3849786; Brennan Neill, Betrayed, default/files/indigenous_victim_services.pdf.
humiliated Val dOr women speak out after no charges
123 RCMP, Working Together; Martha Troian,
against police accused of abuse, CBC News, November
RCMP change investigative approach to MMIW
17, 2016. Accessed July 25, 2017. http://www.cbc.ca/
cases, CBC News, January 23, 2017. Accessed July
news/canada/montreal/val-d-or-women-speak-out-
25, 2017. http://www.cbc.ca/news/indigenous/
abuse-1.3856422; Jonathan Montpetit, Val-dOr is
rcmp-mmiw-changes-investigations-1.3944695.
forcing Qubec to think about big problems, CBC
I NTE R I M R EP O RT

News, November 20, 2016. Accessed July 25, 2017. 124 Royal Canadian Mounted Police, KARE/Pro-Active
http://www.cbc.ca/news/canada/montreal/val-d-or- Team. Accessed July 25, 2017. http://www.rcmp-grc.
murdered-missing-indigenous-women-systemic-ra- gc.ca/ab/community-communaute/mis-dis/kare/
cism-1.3858909. index-eng.htm.
111 Federal-Provincial-Territorial (FPT) Ministers 125 Canada, Victims and Survivors of Crime Week, Pro-
Responsible for Justice and Public Safety, FPT Justice ject Devote, Victims and Survivors of Crime Week.
Framework to Address Violence Against Indigenous Accessed July 25, 2017. http://www.victimsweek.gc.ca/
Women and Girls, January 21, 2016. Accessed July stories-experience/video/devote.html; Manitoba task
M M I W G N AT I O N AL I N Q U I RY

25, 2017. http://www2.gov.bc.ca/assets/gov/law-crime- force examines 28 homicide and missing cases, CBC
and-justice/about-bc-justice-system/publications/ News, July 13, 2012. Accessed July 25, 2017. http://www.
fpt-justice-framework-english.pdf. cbc.ca/news/canada/manitoba/manitoba-task-force-
examines-28-homicide-and-missing-cases-1.1234265.
112 Kim Cholette, A Renewed Approach to Policing in In-
digenous Communities Engagement Summary Report: 126 Royal Canadian Mounted Police, Project E-Pana.
What We Heard, September 2016. Accessed July 25, Accessed July 25, 2017. http://cb.rcmp-grc.gc.ca/View-
2017. https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ Page.action?siteNodeId=1525.
110

127 British Columbia, Josiah Wood, Report on the CHAPTER 4: OUR STORY UNFOLDS
Review of the Police Complaint Process in British
1 AJI, Chapter 2: Aboriginal Concepts of Justice.
Columbia, Vancouver: Police Services Division, British
Accessed August 21, 2017. http://www.ajic.mb.ca/
Columbia Ministry of Public Safety and Solicitor
volumel/chapter2.html.
General, February 2007. Accessed July 25, 2017. http://
www2.gov.bc.ca/assets/gov/law-crime-and-justice/ 2 This is also according to the counterpart or-
criminal-justice/police/publications/independent/ ders-in-council, Administrative Decree, and applicable
police-complaint-process-report.pdf. legislation in each province and territory.
128 Ontario, Tulloch, Independent Police Oversight 3 Mariano Aupilaarjuk, Tulimaaq Aupilaarjuk, Lucassie
Review. Accessed July 14, 2017. https://www. Nutaraaluk, and Bernard Saladin dAnglure, Cosmology
attorneygeneral.jus.gov.on.ca/english/about/pubs/ and Shamanism. Iqaluit, Nunavut: Language and
police_oversight_review/. Culture Program (Nunavut: Arctic College, 2001).
Additional information supplied by Saturviit Inuit
129 Simone Arnold, Peter Clark, and Dennis Cooley,
Womens Association, Pauktuutit Inuit Womens
Sharing Common Ground: Review of Yukons Police
Association of Canada, and the 2015 Puvirnituq Snow
Force, Final Report, 2010. Accessed July 14, 2017. http://
Festival, the theme of which was Qulliq: Light of Life.
www.policereview2010.gov.yk.ca/pdf/Sharing_Com-
mon_Ground_Final_Report.pdf 4 Many thanks to the members of the National Inquiry
Inuit Working Group and their friends and family who
130 Yukon, A year of progress on Sharing Common Ground
helped choose these gifts, and who harvested the cotton
recommendations, May 9, 2012. Accessed July 25, 2017.
and the Labrador tea.
http://www.gov.yk.ca/news/3966.html.
5 Glenda Abbott, a traditional medicine bundle keeper
131 R v. Gladue, 1 SCR 688. Accessed July 14, 2017. https://
and nehiyaw from Pelican Lake First Nation, kindly
scc-csc.lexum.com/scc-csc/scc-csc/en/item/1695/
donated her time and expertise on the seed project. She
index.do.
helped us choose seeds that are able to grow naturally in
132 Canada, Justice, Evaluation of the Aboriginal Justice families and survivors home communities.
Strategy, December 2016. Accessed July 25, 2017. http://
6 The Dakhk Khwan Dancers performed an Honouring
www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/2016/
Song for missing and murdered Indigenous women
ajs-sja/ajs-sja.pdf.
and girls. Other singers included Starr Drynock
133 See, for example: Ted Palys, Considerations for (Nlakapamux), Megan Jensen (Tlingit/Tagish), and
Achieving Aboriginal Justice in Canada, paper Dennis & Jenny Shorty (Kaska).
presented at the annual meetings of the Western
7 Front-line groups and local leadership held up
Association of Sociology and Anthropology, Vancouver,
these positive examples as ones to learn from at the
BC, 1993. Accessed July 14, 2017. https://www.sfu.
Whitehorse Advisory Meeting. Learn more about the
ca/~palys/WASA93.pdf.
Jackson Lake Healing Camp at https://www.youtube.
134 Women of the Mtis Nation, Policy Paper on Violence com/watch?v=LWRv4V7jwWQ, as well as th rough
Against Mtis Women. Accessed July 25, 2017. https:// the Government of Yukon press release, Governments
ruor.uottawa.ca/bitstream/10393/30600/1/WMNViol- sign Jackson Lake Healing Camp funding agreement,
encePaper.pdf. May 26, 2014. Accessed August 14, 2017. http://www.
gov.yk.ca/news/14-136.html. In terms of Indigenous-led
135 See, for example: Rainbow Health Ontario, Two-Spirit
child welfare, Kwanlin Dn First Nation, or KDFN
and LGBTQ Indigenous Health. Accessed July 25, 2017.
(which has been self-governing since 2005), has
https://www.rainbowhealthontario.ca/wp-content/
an MOA with Health and Social Services Canada
uploads/2016/07/2SLGBTQINDIGENOUSHEALTH-
(http://www.hss.gov.yk.ca/pdf/moa-kdfn-hss-jan2011.
FactHeet.pdf; Sarah Hunt, An Introduction to the
pdf). Among other things, this means that Yukon social
Health of Two-Spirit People: Historical, contemporary
workers do not come into Kwanlin Dn First Nation
and emergent issues, National Collaborating Centre
unaccompanied, but visit families accompanied by
for Aboriginal Health (2016). Accessed August 14,
Kwanlin Dn representatives. Decisions on a childs
2017. http://www.nccah-ccnsa.ca/454/An_Introduc-
care are then made jointly. As a result, it has drastically
tion_to_the_Health_of_Two-Spirit_People.nccah;
changed how community assessments are done, and
and the 2-Spirited People of the 1st Nations at http://
increased kinship-type placements. Carcross Tagish
www.2spirits.com/.
First Nation, also self-governing, has its own Family
136 Bethany Lindsay, A long time coming: Highway of Act, which talks about the role of clan and kin in
Tears gets 2 new bus routes. raising children (http://www.ctfn.ca/documents/
doc_view/42-family-act-2010). Finally, Kwanlin Dn
137 Camille Bains and Beth Lindsay, Greyhound bus route
First Nation has also implemented the highly regarded
on B.C.s Highway of Tears could be dropped, The
Safer Communities and Neighbourhoods (SCAN), a
Globe and Mail, August 31, 2017. Accessed September
community-driven anti-crime territorial program. This
22, 2017. https://beta.theglobeandmail.com/news/brit-
has reduced phone calls to police in KDFN by 40% in
ish-columbia/greyhound-bus-route-on-bcs-highway-
one year. Partnering with the Yukon government, cor-
of-tears-could-be-axed/article36136144/?ref=http://
rections, the RCMP, by-law services managers, justice
www.theglobeandmail.com&.
professionals, and the Jackson Lake Wellness team,
111

they made several key changes. The main targets were:


physical clean-up (crime prevention by environmental
design), shutting down party/drug houses, partnering
with Northwest Tel to create an anonymous tip line,
and training 15 new community safety officers to work
in KDFN, 13 of whom are from that First Nation. To
learn more, see: Pierre Chauvin, Kwanlin Duns hard
look at violence, Yukon News, June 1, 2016. Accessed
September 10, 2017. http://www.yukon-news.com/
news/kwanlin-duns-hard-look-at-violence/.
8 First Nations Information Governance Centre, Owner-
ship, Control, Access and Possession (OCAP TM): The
Path to First Nations Information Governance, May
23, 2014, Accessed August 14, 2017, http://fnigc.ca/sites/
default/files/docs/ocap_path_to_fn_information_gov-
ernance_en_final.pdf.
9 TRC, Canadas Residential Schools: Reconciliation, 183.

CHAPTER 5: OUR STORY CONTINUES


1 TRC, Canadas Residential Schools: Reconciliation, 4.

I NTE R I M R EP O RT
M M I W G N AT I O N AL I N Q U I RY
OUR WOME N AN D GIRLS A R E SAC R ED

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int/violence_injury_prevention/violence/ nctr.ca/assets/reports/Final%20Reports/
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NATIONAL INQUIRY INTO MISSING AND
MURDERED INDIGENOUS WOMEN AND GIRLS

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