Toronto Star

Indigenous families get new chance for justice

But some are upset inquiry into murdered and missing women will lack power to reopen cases

- TANYA TALAGA AND BRUCE CAMPION-SMITH STAFF REPORTERS

GATINEAU, QUE.— Families who believe investigat­ors gave short shrift to their lost loved ones’ cases hope to have a second chance at justice as the next phase in the national inquiry on murdered and missing indigenous women and girls begins.

Canada’s first indigenous attorney general, Jody Wilson-Raybould, said the fiveperson commission can recommend to law enforcemen­t that a criminal investigat­ion be launched.

There is flexibilit­y, under the inquiry’s mandate, for the commission­ers, led by B.C. indigenous judge Marion Buller, to figure out how justice can be achieved for the families, said Wilson-Raybould, a former B.C. regional chief of the Assembly of First Nations and a member of the We Wai Kai Nation.

“But it also speaks to their ability in hearing the lived experience­s of the families and the survivors, the ability to refer specific cases to the appropriat­e authoritie­s, be it the police or the attorneys general of the provinces or territorie­s, referring the case in terms where there may be the need for more investigat­ions or more findings,” Wilson-Raybould said.

Witnesses can be compelled to testify before the inquiry and to summon all documents needed, Indigenous Affairs Minister Carolyn Bennett said.

However, the inquiry does not have power to conduct its own criminal investigat­ion.

Cases must be referred to the police for that to happen, she said.

“The families who feel the death of their loved ones were called a suicide or an accident or an overdose as opposed to a murder, those patterns are the kinds of things the commission­ers will have to look into,” Bennett told a press conference at the Canadian Museum of History on Wednesday.

But criminal examinatio­ns can’t take place in the inquiry itself because it “is not a criminal court,” said Bennett.

“Again, having both sides lawyering up is not what we feel is in the best use of the time of the commission in order to get to the root causes (of systemic violence).”

Some families are upset, however, that the inquiry was not given the teeth needed to reopen cases.

“This is the problem. Families wanted inquiry to reopen,” indigenous activist and lawyer Pam Palmater told the Star via Twitter, referring to sending cases back to provincial or territoria­l authoritie­s.

Bryanne Machimity’s mother, Rena Fox, was found on Feb. 28, 2003, lying in a fetal position on a deserted road in Kakebeka Falls, outside Thunder Bay. Machimity has fought to find out any informatio­n about her mother’s death. Police say they do not consider it a homicide but the investigat­ion remains open.

Machimity, 27, believes her mother was killed. She was 13 when she last saw her mother, and has spent most of her life in foster care.

Machimity, a young mother herself who lives in Kenora, Ont., wasn’t able to attend Wednesday’s event in Gatineau. She hopes everything goes as promised and people get answers.

“Going all these years with no closure is a hard thing, everyone deserves to know the truth. I can’t even imagine how the families of the missing cope,” Machimity said.

Buller, who has been both a civil and criminal lawyer, will lead the independen­t inquiry into why more than 1,181 aboriginal women and girls have died in the past several decades.

She was introduced to an audience of families, politician­s and indigenous leaders gathered in the Grand Hall of the Canadian Museum of History.

She said the inquiry’s goal was to make “concrete recommenda­tions” to protect the lives of indigenous women and girls.

Buller was presented a ceremonial birchbark basket holding a data drive containing all the informatio­n collected on behalf of the inquiry to date.

The $53.8-million inquiry, which will focus on the systemic issues that contribute to the risk of violence toward indigenous women and girls, begins in earnest on Sept. 1 and will last until Dec. 31, 2018. Policing practices and attitudes, child welfare and other social policies will also be examined.

“This is a historic day,” said Denise Maloney-Pictou, whose mother Annie Mae Pictou was found dead in 1976. She said her family has been waiting for 40 years for justice.

Families have faced a host of internal and external barriers, from problems with investigat­ors to the struggles of dealing with grief, said Maloney-Pictou.

The power to refer specific cases back to provincial and territoria­l authoritie­s with a recommenda­tion for further investigat­ion is an ability rarely given to inquiries, officials said.

Victims’ families have consistent­ly complained of not having enough communicat­ion, if any, with police when dealing with the matter of their lost and murdered loved ones. Many feel their cases have been forgotten, dismissed or not taken seriously.

Native Women’s Associatio­n president Dawn Lavell-Harvard said the organizati­on will be watching the progress of the inquiry and will make sure all the families who have cases that need to be re-examined are not forgotten and are heard by the commission­ers.

“We cannot ignore the fact that many family members and the survivors of violence do not feel like they were treated respectful­ly or fairly by the justice system,” said Harvard.

“We will rely on the clear message from the minister and her words today the commitment that the police can and will be investigat­ed and it is the responsibi­lity of the commission­ers to put the processes in place to make that happen.

“This today is truly a moment of hope. This has to be the last time that any family, any survivor, needs to tell their story before we take action.

“We need to make sure this inquiry succeeds,” Harvard said.

Indigenous Affairs Minister Carolyn Bennett said that while the commission­ers will decide the format, elements of it will be informal to encourage families to come forward and tell their stories.

“Unlike other commission­s, people don’t want rooms full of lawyers sorting things out in an adversaria­l way,” Bennett told reporters after the official launch.

Status of Women Minister Patty Hajdu said the inquiry will “lay bare” what she called the systemic discrimina­tion aboriginal women face.

“Just as important, the inquiry must also examine how racism and sexism are embedded in the very institutio­ns that are supposed to help and protect women and girls.

"Changing these attitudes and practices will require a steady and honest gaze,” said Hajdu.

National Chief of the Assembly of First Nations National Chief Perry Bellegarde called the inquiry a culminatio­n of years of work by the families and friends of victims seeking a national investigat­ion into the deaths of their loved ones.

“Now there is some opportunit­y and hope to end that violence in our communitie­s,” Bellegarde said.

“Indigenous lives matter. . . . Everybody deserves justice.”

 ??  ?? Indigenous judge Marion Buller of B.C. is leading the national inquiry, which starts Sept. 1.
Indigenous judge Marion Buller of B.C. is leading the national inquiry, which starts Sept. 1.
 ?? JUSTIN TANG/THE CANADIAN PRESS ?? Women drum during Wednesday’s unveiling of the missing and murdered women inquiry, which will take place over more than two years.
JUSTIN TANG/THE CANADIAN PRESS Women drum during Wednesday’s unveiling of the missing and murdered women inquiry, which will take place over more than two years.

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