University of Alberta Faculty of Law Blog

MMIWG Commemoration: The Federal Government Commemoration Fund

Tansi Nîtôtemtik,

This week, we have been highlighting several Indigenous-led commemoration projects, all of which work to raise awareness and promote discussions surrounding missing and murdered Indigenous women, girls and 2SLGBTQQIA peoples in Canada. Today, we turn to highlight the federal government’s Commemoration Fund for Missing and Murdered Indigenous Women and Girls, and consider its place among the government’s responsibility post-National Inquiry.

In February 2019, the Government of Canada announced that it was establishing a Commemoration Fund for Missing and Murdered Indigenous Women and Girls.[1] This fund was created in response to the National Inquiry’s Interim Report, which called for the federal government to establish such a fund.[2] The purpose of the Commemoration Fund is to “support Indigenous organizations to work with families, survivors and/or communities to develop and implement commemoration initiatives,”[3] and to “contribute to healing and help increase public awareness, and help honour missing and Indigenous women, girls and LGBTQ2S individuals.”[4] Initially, the government pledged $10 million, but this was later increased to over $13 million following the release of the National Inquiry’s Final Report.[5]

Calls for proposals for commemoration projects were open until March 28, 2019.[6] On June 25, 2019, it was announced that “[o]ver 100 survivor, community and family-led projects” would receive support from the Fund over the next two years.[7] These projects will take the form of “art installations and exhibits, productions such as movies and operas, [and the creation of] safe spaces for women.”[8]

There is, understandably, criticism that follows from the federal government’s Commemoration Fund. A coalition formed by the Canadian Feminist Alliance for International Action, Canada Without Poverty, and the Chair in Indigenous Governance at Ryerson University has said that the “the endowment shows Canada may not be taking the issues seriously enough.”[9] Pam Palmater, a representative of the coalition, queried: “What will it mean to the families tomorrow who lose their 12-year-old girl to a human trafficker and there’s a new statue in a park somewhere?”[10] While commemoration is in itself important, Ms. Palmater opines that “[i]t does nothing to stop the violence against Indigenous women and that’s where Canada falls down every time.”[11]

Ultimately, the federal government is responsible for more than simply setting up a Commemoration Fund. In order to do right by the National Inquiry’s Final Report, its Calls for Justice, and all the women, girls, and gender diverse persons who have been lost to gendered violence, the federal government needs to establish a national action plan in order to truly combat and prevent the human rights abuses being committed against Indigenous women and girls. The establishment of the Commemoration Fund will likely prove to be the first step of many in the path towards justice for the survivors, family members, and communities of the MMIWG in Canada and in the path to reconciliation.

 

Until next time,

 

Team ReconciliAction YEG

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[1] Women and Gender Equality Canada, News Release, “Government of Canada Launches Commemoration Fund for Missing and Murdered Indigenous Women and Girls” (2 February 2019), online: <www.canada.ca/en/status-women/news/2019/02/government-of-canada-launches-commemoration-fund-for-missing-and-murdered-indigenous-women-and-girls.html> [perma.cc/78Z9-3CDH] [“Government Commemoration Fund”].

[2] National Inquiry into Missing and Murdered Indigenous < Women and Girls, “Interim Report: Our Women and Girls are Sacred” (2017) at 81, online: <www.mmiwg-ffada.ca/publication/interim-report/> [perma.cc/2PRN-NWJY].

[3] Status of Women Canada, “About the Missing and Murdered Indigenous Women and Girls Commemoration Fund call for proposals”, online: <cfc-swc.gc.ca/fun-fin/mmiwg-ffada/index-en.html > [perma.cc/U846-3CTJ] [“Call for Proposals”].

[4] “Government Commemoration Fund”, supra note 1.

[5] Women and Gender Equality Canada, News Release, “Missing and Murdered Indigenous Women and Girls: initiatives will rally communities across Canada to commemorate, heal and advance reconciliation” (24 June 2019), online: <www.canada.ca/en/status-women/news/2019/06/missing-and-murdered-indigenous-women-and-girls-initiatives-will-rally-communities-across-canada-to-commemorate-heal-and-advance-reconciliation.html> [perma.cc/RUP5-LALT] [“MMIWG Initiatives”].

[6] “Call for Proposals”, supra note 3.

[7] “MMIWG Initiatives”, supra note 5.

[8] Mark Blackburn, “Projects honouring MMIWG gets $13M in federal funding”, APTN News (24 June 2019), online: <aptnnews.ca/2019/06/24/projects-honouring-mmiwg-gets-13m-in-federal-funding/> [perma.cc/9JCR-WNV6].

[9] Nic Meloney, “Advocates call for national action plan on MMIWG before federal election”, CBC News (7 February 2019), online: <www.cbc.ca/news/indigenous/mmiwg-national-action-plan-fafia-report-1.5009286> [perma.cc/4KZ9-3YAZ].

[10] Ibid.

[11] Ibid.

MMIWG Commemoration: The Faceless Dolls Project

Tansi Nîtôtemtik,

Photo retrieved from www.nwac.ca/wp-content/uploads/
2015/05/2012_Building_on_the_Legacy_of_NWAC_
Faceless_Doll_Project.pdf.

Overview

In 2010, the Native Women’s Association of Canada (NWAC) released a report called What Their Stories Tell Us.[1] In this report, it was revealed that there were more than 582 cases of Indigenous women and girls missing in Canada.[2] To raise awareness on this issue, the NWAC decided to create faceless dolls as representations of the Indigenous women and girls.[3] Thus, in 2012, the Faceless Doll Project was born.[4]

Why Are the Dolls Faceless?

One of the most prominent features of these felt dolls is their not having a face. The following passage best illustrates the reason behind this choice:

The Aboriginal women and girls who are missing or have been murdered are victims of crime and therefore faceless. They are also faceless because they are devalued by society. The dolls are a visual representation of the girls and women who need to be remembered and they offer a way to find closure for their grieving families.[5]

Community Involvement

Since the project’s inception in 2012, the NWAC has had much community involvement. Community Engagement Workshops, funded by the Status of Women Canada, were held across the country in 2012.[6] These workshops provided the opportunity for community members to listen to the story behind the project in the hopes of not only raising awareness, but bringing this issue to the forefront of Canadian consciousness. The workshops also allowed community members to create their own dolls for inclusion in the project.[7] Over the seven years that the NWAC’s Faceless Doll Project has been operational, “thousands of Canadians have participated in these Community Engagement Workshops from coast-to coast-to coast.”[8]

Phase 2 of the Project

As a response to the National Inquiry’s Final Report, NWAC launched Phase 2 of the Faceless Doll Project called “Putting a Face on Justice: From Calls for Justice to Action.”[9] This time, the dolls will have faces as:

The missing and murdered Indigenous women and girls are no longer faceless. Their families have given them back their voice. It is now time for us, under the collective umbrella of NWAC, to put faces on our dolls – a visual symbol of healing and transformation, and a way to honour and acknowledge that the voices of our women and their families have been heard.[10]

For the launch of this phase, NWAC provided every Member of Parliament serving in the House of Commons today with a kit to create their own dolls with faces.[11]

It is clear that action is required, and that awareness must be raised. However, it is only by working together that action can be taken. In order to do so, projects such as the NWAC’s Faceless Doll Project are crucial. Such a hands-on approach raises awareness and brings this grave issue to light. If you wish to contact NWAC or learn more about how to create your own Doll, the NWAC website has provided the following contact information: 1-800-461-4043.[12]

 

Until next time,

Team ReconciliAction YEG

 

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[1] Corine Bannon, “Faceless Doll Project: Commemorating Missing and Murdered Aboriginal Women and Girls”, EFTO Voice, online: <www.eftovoice.ca/feature/faceless-doll-project-commemorating-missing-and-murdered-aboriginal-women-and-girls> [Bannon].

[2] Ibid.

[3] Ibid.

[4] Native Women’s Association of Canada, “Building on the Legacy of the NWAC Faceless Doll Project: Create Your Own Faceless Dolls”, online: <www.nwac.ca/wp-content/uploads/2015/05/2012_Building_on_the Legacy_of NWAC_Faceless_Doll_Project.pdf> [NWAC].

[5] Bannon, supra note 1.

[6] NWAC, supra note 4.

[7] Ibid.

[8] Ibid.

[9]Native Women’s Association of Canada, News Release, “NWAC Launches Phase 2 of Faceless Dolls Project on National Indigenous Peoples Day: “Putting a Face on Justice: From Calls for Justice to Action’”, News Wire (21 June 2019), online: <https://www.newswire.ca/news-releases/nwac-launches-phase-2-of-faceless-dolls-project-on-national-indigenous-peoples-day-putting-a-face-on-justice-from-calls-for-justice-to-action--801283486.html>.

[10] Ibid.

[11] Ibid.

[12] Ibid.

MMIWG Commemoration: The Lil' Red Dress Project

Tansi Nîtôtemtik,

 

                              
 A pair of beaded fringe earrings made by the Lil' Red Dress Project.
Photo retrieved from https://lilreddressproject.ca/shop/#earrings.

 

The Lil’ Red Dress Project creates and sells red dress pins and earrings to raise funds for missing person signage for Indigenous women and girls on Vancouver Island. The project was:

…stirred by expansive missing person signage in the Comox Valley, of a non-Indigenous person last summer and the realization that most Indigenous families could not afford to undertake this type of activity – the project quickly evolved into the opportunity to raise funds utilizing a shared passion of beadwork.[1]

The initiative was started by Jeannine and Carla, with whom ReconciliAction YEG had the privilege of interviewing for this post. 

 

Interview with Jeannine and Carla

What inspired you to begin the Lil’ Red Dress Project?

Last summer, Carla and I (Jeannine) noticed that there were multiple missing person billboards in the Comox Valley that featured a young girl who had been missing for 20 years. We were getting closer to September, when we hang our red dresses for Missing and Murdered Indigenous Women and Girls (MMIWG) and the sight of the billboards made us both aware that many Indigenous families would not be able to afford such signage or opportunity to bring light to their missing loved one.

The topic of signage and awareness trickled over to one of our evening gatherings with family and friends as we discussed the upcoming installation of red dresses by the Kumugwe Cultural Society, which we were members of. Carla and I are were trying to think of ways that we could create a red dress during the awareness week and decided to try beading a red dress. Carla found a pattern online and made our very first red dress. Within a week we had made ourselves red dress pins and then a handful for friends and then the requests started coming in that more people would like a red dress pin.

Carla and I decided that we would sell a few pins for $20 each and the money raised would then go towards MMIWG awareness campaigns and possibly creating signage. Little did we know that our personal inboxes would soon fill with orders as word of our project grew!

In the beginning, our team consisted of ourselves and our spouses and children and then we had volunteers join our team and now we have a team of approximately 15 beaders! This project started around a kitchen table, with family and friends, and was built up with our own supplies and time and it hasn’t stopped since. From September to January we had filled approximately 150 pin orders, created a Lil Red Dress Project Facebook page, email address, bank account and paypal account (actually Carla did all of that lol). In April of this year, we were gifted a red dress earring pattern by Laurel Anderson and we have been filling orders on a weekly basis since and recruiting as we go, while bringing awareness to our MMIWG. All of the money raised by the sale of our pins and earrings is going towards putting up billboards and signage for MMIWG on Vancouver Island.

 

What have been your major successes so far?

Our major successes have been being able to bring awareness to MMIWG in our community and beyond and having been able to raise money to help pay for missing person signage. The outpouring of support and love from so many people across Canada and the United States has been humbling and very rewarding in our journey to bring awareness.

 

Where are you hoping to take this project going forward?

So far we have been taken on an amazing journey with this project and far exceeded our dreams of raising funds for signage. Lately we have been focusing on awareness and helping others to start their own beading groups by teaching them how to make their own red dresses.  Many participants who learn to bead the red dress take the project back to their community and start building awareness and support for themselves and family members who are missing a loved one. We can’t ask for much more than that. 

 

What have been the most impactful moments of this project so far?

The most impactful moments for me (Jeannine) have been at the most unexpected times. We were invited to share our project at a Kwakwaka'wakw MMIWG family gathering in Port Hardy and it was the first time that we as a team had travelled to share and host a beading session. Our participants ranged in age and ability and it was evident that beading was going to be a hard task for a few, but they took on the project and persevered through frustrations and tears. Through the tears and hard work, some shared personal stories and opened themselves to us and that was the start of many very impactful moments for me in this project.

 

Is there anything else that you would like to share?

We hope that our kitchen table conversation turned social justice project inspires others to start their own conversations and initiatives. We need to keep the conversations happening and bring more awareness to our MMIWG.

Carla and Jeannine are currently on a hiatus from taking orders but please visit the Lil’ Red Dress Project website[2] to learn more, view their work, and support this cause!

 

Until next time,

ReconciliAction YEG

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[1] Lil’ Red Dress Project, “About Us”, online: <lilreddressproject.ca/main/> [perma.cc/K9U6-JZHL].

[2] Ibid.

MMIWG Commemoration: The Red Dress Project

Tansi Nîtôtemtik,

 

Photo retrieved from www.smithsonianmag.com/smithsonian-institution/these-haunting-red-dresses-memorialize-murdered-and-missing-indigenous-women-180971730/.

 

You may have seen installations of this commemoration project. Red dresses hanging, representing missing and murdered Indigenous women and girls. The empty dresses are eerie and ominous, making you think of the lives they represent.

This is the REDress project. It was started by artist Jaime Black in 2011. It “focuses around the issue of missing or murdered Aboriginal women across Canada. It is an installation art project based on an aesthetic response to this critical national issue.”[1] These installations have occurred across Canada and are intended to “evoke a presence through the marking of absence.”[2]

In a 2017 interview, Black noted her inspiration for the installation came from her attendance at a conference in Germany where the issue of missing and murdered Indigenous women and girls in Canada was discussed.[3] In particular, she noted that the silence in the room when it was stated that there were 600 missing and murdered Indigenous women and girls.[4]

These installations are becoming more common throughout Canada. In light of the release of the Final Report by the National Inquiry into Missing and Murdered Indigenous Women and Girls, this issue is just as important and prevalent as ever. Installations like this ensure that the issue does not fade into the background. It is important that the issue remains seen throughout Canada so that change and work moving toward reconciliation can occur.

For more information, please visit the REDress Project website.[5]

 

Until Next Time,

Team ReconciliAction YEG

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[1] Jaime Black, “About”, The REDress Project, online: <www.redressproject.org/?page_id=27> [perma.cc/WT7W-5FAD].

[2] Ibid.

[3] Samantha Edwards, “Q&A: Jaime Black, The Artist Hanging Red Dresses Around UofT Campus” (24 March 2017), Toronto Life, online: <torontolife.com/culture/art/qa-jaime-black-artist-hanging-red-dresses-around-u-t-campus/> [perma.cc/WJ6U-WMCF].

[4] ibid; Note: This number was believed to be correct at the time. It is now apparent that the number of missing and murdered Indigenous women and girls is significantly higher.

[5] Supra note 1.

In the Media: Political, Institutional, and Community Responses to the MMIWG Final Report

Tansi Nîtôtemtik,

Since its release on June 3, 2019, the political, institutional, social and community responses to the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) have been nearly as various as they are numerous. Today’s post highlights some of the responses of Indigenous, institutional and political leaders. However, it is recognized that today’s post in no way comprehensively describes the full effects and consequences of the deeply moving and complex nature of the Final Report.

Indigenous Voices and Perspectives

Marion Buller, the chief commissioner for the National Inquiry into MMIWG, stated the most important of the Calls for Justice according to those who testified in the Truth Gathering Process were those regarding responsive police services, adequate housing, guaranteed food supply, and clean drinking water.[1] However, much of what the Final Report stated was initially overshadowed by controversial discussion regarding the use of the word ‘genocide’ to describe the disproportionate rates of violence and homicide against Indigenous women, girls, and 2SLGBTQQIA peoples in Canada.

Lorelei Williams, who testified at the MMIWG inquiry as a family member to two lost Indigenous women, said she was grateful for the finding of genocide by the National Inquiry, stating: “The genocide part of it is really speaking out to me... Our people have been through this for a long time, so I’m grateful for that part of it.”[2] However, Lorelei expressed she ultimately does not trust the government to move forward with implementing the Calls for Justice.[3] Some, such as Andrea Landry, an Anishinaabe from Pawgwasheeng, stated the National Inquiry and the Final Report were not what she envisioned and expressed concern about the fact that a “… [c]olonial government can, and will, define, dictate and decide the outcomes of the inquiry… The choice to implement the recommendations within the [Final Report] is ultimately, a political one.”[4] Interestingly, Landry further commented she would have liked to have seen a section for Indigenous leaders and Indigenous communities outlining suggested next steps and highlighting the positive and preventative change already taking place.[5]

Lawyer and activist Pam Palmater also believes the decision to respond to the Calls for Justice is a political one, saying: “[I have] 100% confidence that federal, provincial, and municipal governments have the resources and capacity and ability to [implement the Calls for Justice]. I am very concerned about the political willingness to do it.”[6]

Institutional Responses

Winnipeg Chief of Police Danny Smyth offered an interesting perspective with respect to the Calls for Justice concerning police services. Considering the shortcomings in Canada's system of services relating to Indigenous Peoples, Chief Smyth opined "it is not that big of a stretch" to conclude the lack of resources resulted in genocide.[7] Positively, Chief Smyth reported that changes were already in place for policing services across Canada.[8]  

Political Responses and Action

On June 24, 2019, Prime Minister Trudeau announced the federal government’s 13 million dollar pledge to fund more than 100 projects to honour the lives and legacies of missing and murdered Indigenous women and girls.[9] Shortly following the release of the Final Report, Trudeau also promised to develop a national action plan to address the violence against Indigenous women, girls, and 2SLGBTQQIA people.[10] Crown-Indigenous Relations Minister Carolyn Bennett expressed the perspectives of the Inuit, First Nations, and Metis, in addition to family members, victims and survivors of violence would be consulted in the development of the national action plan.[11] Asked when the national action plan would be rolled out, Bennett commented the plan would be ready when Indigenous people think it is ready.[12]

Artistic Responses

Some responses to the release of the Final Report were artistic in nature, with the intention of remembering and raising awareness for Canada’s missing and murdered Indigenous women and girls. A billboard campaign occurred across Canada in June curated by Artists Against Racism featuring 12 works by Indigenous artists.[13] The executive director of Arts Against Racism, Lisa Cherry stated that many of the 12 cities (Halifax, Kamloops, Edmonton, Vancouver, Montreal, Ottawa, Saskatoon, Regina, Moncton, Toronto, Thunder Bay, and Winnipeg) were chosen according to where Indigenous issues have been the biggest and most problematic.[14] To learn more about the campaign, please visit Eagles Rising.[15]

The Final Report has prompted responses from a cross-section of political, institutional, Indigenous and community leaders and members. While not all responses will be beneficial in nature, the Final Report is sparking much needed dialogue about the crisis of murdered and missing Indigenous women and girls. These conversations, challenging as they may be are well overdue.  

 

Yours Truly,

 

Team ReconciliAction YEG

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[1] CTV News, ‘Power Play: Final MMWIG Report Released’ at 00h:02m:14s in “Key takeaways from the final MMIWG report” (3 June 2019), online (video): CTV News <www.ctvnews.ca/politics/key-takeaways-from-the-final-mmiwg-report-1.4450095> [perma.cc/7P4B-JS5P].

[2] CTV News, ‘Inquiry on Missing and Murdered Indigenous Women’ at 00h:00m:17s in “Key takeaways from the final MMIWG report” (3 June 2019), online (video): CTV News <www.ctvnews.ca/politics/key-takeaways-from-the-final-mmiwg-report-1.4450095> [perma.cc/7P4B-JS5P].

[3] Ibid at 00h:03m:50s.

[4] Andrea Landry, “As An Indigenous Woman I Was Triggered By The MMIWG Report. Here’s What Needs To Happen Now”, Chatelaine (last modified 5 June 2019), online: <www.chatelaine.com/opinion/as-an-indigenous-woman-i-was-triggered-by-the-mmiwg-report/> [perma.cc/3RVN-PXA3].  

[5] Ibid.

[6] CTV News, ‘Power Play: Serious issues need to be addressed’ at 00h:00m:29s in “Key takeaways from the final MMIWG report” (3 June 2019), online (video): CTV News <www.ctvnews.ca/politics/key-takeaways-from-the-final-mmiwg-report-1.4450095> [perma.cc/7P4B-JS5P].

[7] CTV News, ‘CTV National News: Historic Indictment’ at 00h:00m:30s in “Key takeaways from the final MMIWG report” (3 June 2019), online (video): CTV News <www.ctvnews.ca/politics/key-takeaways-from-the-final-mmiwg-report-1.4450095> [perma.cc/7P4B-JS5P].

[8] Ibid.

[9] David Reevely, “Liberals pledge $13M to ‘honour the lives and legacies’ of MMIWG”, Global News (24 June 2019), online: <globalnews.ca/news/5427735/mmiwg-liberals-13-million-pledge/> [perma.cc/92CB-234U].

[10] Rachel Aiello, “No timeline for federal ‘action plan’ responding to MMIWG inquiry”, CTV News (8 June 2019), online: <www.ctvnews.ca/politics/no-timeline-for-federal-action-plan-responding-to-mmiwg-inquiry-1.4457043> [perma.cc/2HN2-QHLB].

[11] Ibid.

[12] Ibid.

[13] Taylor Braat, “National billboard campaign hopes to continue MMIWG conversation”, Global News (last modified 12 July 2019), online: <globalnews.ca/news/5417338/national-billboard-campaign-mmiwg/> [perma.cc/S3CJ-9C97].

[14] Ibid.

[15] “Eagles Rising”, online: Artists Against Racism <artistsagainstracism.org/eaglesrising/> [perma.cc/BBL4-Z25N].

MMIWG: The Implications of a Finding of 'Genocide' on Indigenous Governance

Tansi Nîtôtemtik,

In yesterday’s post, we introduced you to the National Inquiry into Missing and Murdered Indigenous Women’s conclusion that the disproportionate violence against Indigenous women, girls, two-spirit and gender diverse persons in Canada amounts to genocide and to the implications of such a conclusion in light of Canada’s international obligations per the Genocide Convention.[1] Today, we build upon yesterday’s discussion, focusing specifically on the impact a finding of genocide in the context of Indigenous peoples would have on governance. In particular, we consider the effects the genocide of Indigenous women has on Indigenous Governance.

Recall that, per Article II of the Genocide Convention, “genocide” refers to “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”[2] These acts include “[k]illing members of the group” and “[c]ausing serious bodily harm to members of the group.”[3] While genocide seeks the systemic removal of a population, it ultimately works on the individual level by targeting members of the group. It necessarily follows that, as a population loses its members, it loses persons who are able to lead and govern. Or, at the very least, it sees the loss of knowledge and understanding necessary for governance. This is especially true in the context of missing and murdered Indigenous women. Before colonialism imposed its own patriarchal structure on Indigenous nations, many Indigenous societies, Nations, and communities were matrilineal, wherein women were key players in governance, caring for members of their communities in a variety of ways. Women’s role in governance is only natural; humanity itself began in woman – sprang from woman. See for example, the Haudenosaunee creation story, which tells us that Skywoman fell from a hole in Skyworld and landed on Turtle Island, where she planted her bundle of stow-away seeds in the newly packed earth to provide for her unborn daughter and future generations to come.[4]

Today, governance roles for Indigenous women have not disappeared, and women hold roles such as elders, knowledge keepers, chiefs (be they hereditary or elected), and advocates for their communities. But when you lose women to genocide – to insensible violence – you lose the experience and knowledge they bring to decision-making. You lose a community’s leaders; its caretakers; its role models; you lose mentors and, when you lose young girls, you lose future leaders.

The consequences of this genocide against Indigenous women, girls, and 2SLGBTQQIA individuals is not merely personal for the families and friends who have lost their loved ones. This loss – this violation that occurs when lives are stolen – has broader societal impacts for Indigenous communities and Nations, and demonstrates that “genocide” is not a term used lightly by the National Inquiry.

 

Until next time,

Team ReconciliAction YEG

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[1] Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 78 UNTS 277 45 AHIL Supp 6 (entered into force 12 January 1951, ratification by Canada 3 September 1952) [Genocide Convention].

[2] Ibid.

[3] Ibid.

[4] See Robin Wall Kimmerer, “Skywoman Falling” in Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants (Minneapolis: Milkweed Editions, 2013) at 3-5; Joanne Shenandoah & Douglas M George, “Skywoman: Legends of the Iroquois” (Santa Fe: Clear Light Publishers, 1998) at 7-14.

 

MMIWG: The Implications of a Finding of 'Genocide' in the Final Report

Tansi Nîtôtemtik,

Over the next few days, the blog will be discussing the finding of 'genocide' in the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report (“Final Report”).[1] Today, we will provide an overview of the definition of genocide and Canada’s international obligation as per the Convention on the Prevention and Punishment of the Crime of Genocide, otherwise known as the Genocide Convention.[2] As was discussed in the CBC Radio interview with Ryan McMahon,[3] covered on the blog last week, there is a growing opinion that the media’s attention on the term 'genocide' has taken away from the profound issues laid out in the Final Report.

One of the conclusions in the Final Report was the finding of genocide. Media and political attention on the Final Report has centered around this finding. Although the term 'genocide' is used, there is criticism as to whether this issue legally falls within the ambit of genocide. In order to understand the implications of the word 'genocide', it is necessary to assess its origins. Genocide is defined in Section II of the Genocide Convention:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

            a. Killing members of the group;
            b. Causing serious bodily or mental harm to members of
                the group;
            c. Deliberately inflicting on the group conditions of life
                calculated to bring about its physical destruction in
                whole or in part;
            d. Imposing measures intended to prevent births within
                the group;
            e. Forcibly transferring children of the group to another
                group.[4]

On June 16, 2019, Michelle Bachelet, the United Nations’ High Commissioner for Human Rights, called upon Ottawa to launch a formal investigation into the claim of genocide against Indigenous peoples.[5] In an email statement written by UN spokesperson Ravina Shamdasani, it was stated:

The national inquiry found reasons to believe that Canada’s past and present policies, omissions and actions amount to genocide, under international law. Given these findings by the inquiry, we call on the government to take steps for competent national authorities to assess these serious claims.[6]

Canada signed the Genocide Convention on November 11, 1949 and ratified the Convention on September 3, 1952.[7] Through ratification, Canada is bound by the Genocide Convention and has an international obligation to act accordingly. If, through the investigation, it is found that genocide against Indigenous Peoples occurred, Canada would be open and subject to international prosecution.

As evidenced above, a finding of genocide could have major ramifications for Canada. Thus, it is imperative that the Canadian government heed the United Nation’s request for a formal investigation. The outcome of a formal investigation could help address some of the concerns from scholars about the use of the term. Mary Ellen Turpel-Lafond, a law professor at the University of British Columbia  stated “the fact that the prime minister said ‘genocide’ triggers an international process.”[8] Further stating she has concerns that the Inquiry is using the term ‘genocide’ too loosely because “if the federal government were to admit genocide against Indigenous Peoples is ongoing” Canada would be open to international prosecution.[9] Turpel-Lafond’s concerns about the use of the term are in contrast with those of Marion Buller, the Chief Commissioner for the National Inquiry into Missing and Murdered Indigenous Women and Girls who calls the finding of genocide against Indigenous Peoples “an inescapable conclusion.”[10]

The Final Report's use of the word 'genocide' has not been officially supported or dismissed. Regardless, it is dangerous to get caught up in the definition of “genocide” as it could delay work that will lead to eliminating violence against Indigenous women, girls and 2SLGBTQQIA people. It is integral that the critical issues outlined in the Final Report are not overlooked based on semantics and imperative that action to solve this issue be taken immediately.

Tomorrow’s post will focus on the reactions stemming from the release of the Final Report and will speak more to how the use of the word “genocide” has had an impact. As this issue develops, we will update you, our reader, so that you are aware of the action being taken.

 

Until next time,

Team ReconciliAction YEG

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[1] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls” (3 June 2019), online: <www.mmiwg-ffada.ca/final-report/> [perma.cc/5JVQ-BDXY].

[2] Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 78 UNTS 277 45 AHIL Supp 6 (entered into force 12 January 1951, ratification by Canada 3 September 1952) [Genocide Convention].

[3] CBC Radio, “New report, same old response: Ryan McMahon confronts Canada’s reaction to the MMIWG inquiry”, CBC Radio (last modified 7 June 2019), online: <www.cbc.ca/radio/day6/ryan-mcmahon-on-mmiwg-nba-lessons-for-the-nhl-daniel-dale-fixing-deloreans-hbo-s-chernobyl-and-more-1.5165179/new-report-same-old-response-ryan-mcmahon-confronts-canada-s-reaction-to-the-mmiwg-inquiry-1.5165183> [perma.cc/6JYN-QZM3] [CBC Radio].

[4] Genocide Convention, supra note 2.

[5] Olivia Stefanovich, “UN Human Rights Office Calls for Examination of MMIWG Inquiry’s Genocide Claim” (16 June 2019), online: CBC <www.cbc.ca/news/politics/stefanovich-un-national-inquiry-genocide-response-1.5174855> [perma.cc/NX57-CB54].

[6] Ibid.

[7] International Committee of the Red Cross, “Treaties, States Parties and Commentaries” online: ICRC <ihl-databases.icrc.org/ihl> [perma.cc/5CKM-2BQP].

[8] News22, “UN Human Rights Office Calls for Examination of MMIWG Inquiry’s Genocide Claim” (17 June 2019), online <www.communitynewsblog.com/2019/06/un-human-rights-office-calls-for-examination-of-mmiwg-inquirys-genocide-claim/> [perma.cc/6UUA-W6QY].

[9] Ibid.

[10] Jorge Barrera, “Canada Aimed to ‘Destroy Indigenous People’: The MMIWG Inquiry’s Case for Genocide” (3 June 2019) CBC, online: <www.cbc.ca/news/indigenous/genocide-case-inquiry-1.5160941> [perma.cc/HST8-6WEZ].

MMIWG: Elements of Indigenous Governance in the Calls for Justice

Tansi Nîtôtemtik,

Throughout this year ReconciliAction YEG has been exploring Indigenous Governance. Unsurprisingly Indigenous Governance is at the root of the Calls for Justice[1] in Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.[2] The Calls for Justice are directed towards governments, institutions, professions and indeed all Canadians. All of the Calls for Justice require a decolonizing approach which seeks to undo the forces of colonialism and recognizes the inherent rights of Indigenous Peoples to govern themselves.[3] A decolonizing approach serves to honour and respect Indigenous values, philosophies and knowledge systems, all of which are foundational to Indigenous Governance.[4] 

Self-Determination and Self-Governance

The Calls for Justice identify the paramount nature of any services and solutions to address violence against Indigenous women, girls and 2SLGBTQQIA people being led by Indigenous governments, organizations and people.[5] The Calls for Justice recognize that while Indigenous Peoples and non-Indigenous governments must work together, this must occur within a true partnership.[6]

Call 5.4 addresses the need for governments to transform Indigenous policing from its current state of delegation to one of actualized self-determination and self-governance over policing.[7] The ability to achieve self-determination has been hampered by the current approach which has Indigenous leaders and communities being forced to ask permission for certain initiatives and the state granting permission, or not. It is impossible for Indigenous organizations to be able to effectively support victims and their loved ones so long as they continue to exist under a structure of intermittent funding models.

 Wahkohtowin and the Calls for Justice

ReconciliactionYEG explored the Cree legal doctrine of wahkohtowin as being foundational to Cree legal traditions and its relationship to Indigenous Governance. Wahkohtowin is essentially about the importance of relationships and how those relationships inform all of our interactions.

Within Calls for Justice for All Canadians there are two Calls for Justice which place an emphasis on relationships. Call 15.4 focuses on the need for Canadians to serve as allies to Indigenous women, girls and 2SLGBTQQIA people by breaking down the barriers and support others in every relationship and encounter in which we participate.[8] Call 15.7 is even more express in its demand to focus on relationship. It calls on all Canadians to create time and space for relationships based on respect and to learn about Indigenous principles of relationship specific to those Nations or communities in our respective local areas.[9] The emphasis on understanding and engaging in relationship is a reflection of the primacy of wahkohtowin and how without relationship, violence and dysfunction are destined to persist.

 Calls for Justice: Distinction-Based Calls 16.1 – 18.32

The inquiry found that while there are many shared experiences of violence between Indigenous women, girls and 2SLGBTQQIA people, there are distinctive-needs among them which must be addressed.[10] There are 107 distinction-based Calls for Justice for Inuit, Métis and 2SLGBTQQIA people. The distinction-based Calls for Justice are focused on the guiding principle that each of these groups has a right to self-determination, reflecting that Indigenous Peoples are not a monolithic group.[11] Specifically, the Inuit-based Calls for Justice demand that all Calls for Justice be “…[I]nuit-led, rooted in Inuit laws, culture, language, traditions and societal values.”[12]Distinction-based Calls for Justice are an important reminder of the uniqueness of these communities and that approaches to eliminate violence against Indigenous women, girls and 2SLGBTQQIA people need to be diverse and tailored.

 To review the Calls for Justice click here.[13]

 

Until next time,

 

Team ReconciliAction YEG

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[1] Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Calls for Justice, (Vancouver: Privy Council Office, 2019) at 168, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Calls_for_Justice.pdf> [perma.cc/C6Q5-KCJ8].

[2] Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, “Reclaiming Power and Place” (last visited 10 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/final-report/> [perma.cc/5JVQ-BDXY].

[3] Supra note 1 at 171.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid at 183.

[8] Ibid at 199 [emphasis added].

[9] Ibid at 200.

[10] Ibid at 201.

[11] Ibid.

[12] Ibid at 202.

[13] Supra note 1.

MMIWG: Elements of Indigenous Governance in the Final Report

Tansi Nîtôtemtik,

The National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report (“Final Report”)[1] provides perspective on the role that governance plays in the effort to resolve this issue. The report emphasizes the importance of Indigenous self-governance and self-determination as a way to mitigate the issue of missing and murdered Indigenous women and girls. The logic behind this is clear: Indigenous communities understand the impact of missing and murdered Indigenous women best. They understand how it changes a community and they understand some of the factors that play into its prevalence. As such, Indigenous communities are in the best position to help develop solutions to the problem.

The Final Report states “services and solutions much be led by Indigenous governments, organizations, and people.”[2] The Final Report goes on to explain that UNDRIP’s articles on Indigenous governance should be followed but add to that “the colonial mindset by which Indigenous leasers ask for permission and the state gives permissions has to end.”[3] The report is calling for Indigenous communities to have the power to establish their own solutions to issues that lead to increased levels of missing and murdered women and girls in the Indigenous population. Further, the Final Report states:

Where Indigenous Peoples and non-Indigenous governments have to work together to create solutions and deliver services, it must be in true partnership that respects Indigenous self-determination in all matters… solutions should stem from Indigenous communities and Nations.”[4]

It is integral that Indigenous Peoples are at the centre of the development of solutions to the crisis of missing and murdered Indigenous women and girls. The Final Report calls out the impact of the Canadian government on this issue stating “the Canadian state has displaced Indigenous women and 2SLGBTQQIA people from their traditional roles in governance and leadership.”[5] They also note that “the significant, persistent, and deliberate pattern of systemic racial and gendered human rights and Indigenous rights violations and abuses… is the cause of the disappearances, murders, and violence experienced by Indigenous women, girls, and 2SLGBTQQIA people.”[6] The historic role of the Canadian government in contributing to the issue of missing and murdered Indigenous women is made clear throughout the Final Report. The solution is a shift to having Indigenous communities find effective solutions to this issue. While support from the Canadian government will be necessary, the essence of the solution should stem from Indigenous Peoples.

 

Until next time,

 

Team ReconciliAction YEG

 

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[1] For more information on the National Inquiry into Missing and Murdered Indigenous Women and Girls and the full Final Report, please visit: <www.mmiwg-ffada.ca/ > [perma.cc/NB5B-SHUA].

[2] National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: Executive Summary of the Final Report at 57, online: <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Executive_Summary.pdf> [Final Report] [perma.cc/LG66-PR78].

[3] Ibid; For a deeper discussion on Articles 3 and 4 of UNDRIP visit our post Intro to Indigenous Law and Governance: What’s in a Name?.

[4] Final Report, supra note 2 at 58.

[5] Ibid at 61.

[6] Ibid at 60.

Weekly Reflection: The Supreme Court of Canada's Decision in R v Barton

Tansi Nîtôtemtik,

On May 24th, 2019, the Supreme Court of Canada (SCC) released their decision for R v Barton.[1] The decision ordered a new trial for manslaughter. This case has been at the forefront of activism surrounding the continued presence of violence toward Indigenous women and girls in Canada. Many activists have highlighted this case as an example of the issue of missing and murdered Indigenous women and girls in Canada.

Background: Trial and Court of Appeal Decisions

Mr. Barton was charged with the first-degree murder of Cindy Gladue, who died at the hands of Mr. Barton in the course of her work as a sex worker. Barton was originally brought to trial on September 6th and 7th, 2016. During the trial, Ms. Gladue’s race and occupation became central to the discussion. Ms. Gladue was referred to as “Native” at least 26 times and called a “prostitute”.[2] Mr. Barton was acquitted at trial.

On appeal, the Alberta Court of Appeal called the language into question. They outlined that without intervention from the trial judge, there was likely a prejudicial effect of the language on the jury’s decision. They outline that the main concerns are in relation to:

1) Systemic prejudicial racism toward Indigenous people in Canada;
2) Myths and stereotypes around sexual assault particularly in the context of sex work;
3) Prejudicial feelings toward sex workers; and
4) The confounding factor of being a woman on each of these concerns.[3]

The Court of Appeal set aside the acquittal and ordered a re-trial of the matter.

Supreme Court of Canada Decision

On October 11th, 2018, the issue went to the SCC where many interveners were present to advocate justice for Cindy Gladue. The majority held that the case be sent for re-trial for manslaughter. Moldaver J., writing for the majority, notably included the following in his conclusion:

Our criminal justice system holds out a promise to all Canadians: everyone is equally entitled to the law’s full protection and to be treated with dignity, humanity, and respect. Ms. Gladue was no exception. She was a mother, a daughter, a friend, and a member of her community. Her life mattered. She was valued. She was important. She was loved. Her status as an Indigenous woman who performed sex work did not change any of that in the slightest. But as these reasons show, the criminal justice system did not deliver on its promise to afford her the law’s full protection, and as a result, it let her down — indeed, it let us all down.[4]

To many, the decision at trial let down all Canadians. Cindy Gladue was not offered the same protection by the legal system that we expect for all Canadians. We expect the legal system to protect our most vulnerable people. We do not expect for victims of crimes to be re-victimized through the process that is intended to provide justice. That did not occur in this case. Through this decision, the SCC signaled that the way the justice system functioned in this case was inappropriate.

 

Until next time,

ReconciliAction YEG

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[1] R v Barton, 2019 SCC 33 [Barton SCC].

[2] R v Barton, 2017 ABCA 216 at para 124; Note that these terms are no longer considered acceptable. It is preferred that the terms Indigenous and sex worker are used.  

[3] Ibid at paras 9-10, 89, 117-119, 122-124, 126-132, 160.

[4] Barton SCC, supra note 1 at para 210.

In the Media: 'Thunder Bay' Podcast's Ryan McMahon talks Canada's Reaction to the National Inquiry

Tansi Nîtôtemtik,

Ryan McMahon is an Anishinaabe comedian, writer and host of Thunder Bay, a podcastwhich speaks to the deaths of Indigenous Peoples in Ontario. Of his many accomplishments, a notable few are his receiving the Yorkton Film Festival’s Golden Sheaf Award for Best Documentary – Historical/Biography, and his nomination for a Canadian Screen Award 2018 for the documentary Colonization Road.[1] Ryan McMahon is an activist and outspoken leader for Indigenous Peoples and in today’s blog post, we will be discussing his recent interview with Day 6 for CBC Radio on Canada’s reaction to the National Inquiry into the Missing and Murdered Indigenous Women and Girls.[2]

In the nine-minute interview, there is one recurring idea: Canada needs to do better. As will be discussed in later posts, the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report (the “Final Report”)[3] characterized what is happening to Indigenous women and girls as “genocide.” Consequently, much of the reaction following the report’s release has been concentrated on the legalese ramifications of such a classification, something that Ryan McMahon calls a “distraction.”[4] He says that, ultimately, this focus has caused many to sideline the report.[5]

McMahon goes on to say that the focus is being taken off of the real issue, and that “it’s not just that we’re not listening to each other, it’s that we’re having completely different conversations.”[6] Furthermore, there has been an “unfathomable amount of pain caused by the re-traumatization” of women that was needed to give their testimony.[7] McMahon says that it is imperative that we stop focusing on the specifics and start listening to what Indigenous women have to say.[8]

Since the release of the Final Report,there has been much criticism concerning the portrayal of this issue by the media. The dominant criticism is that the media is not on the side of Indigenous women and, consequently, many women have declined to be interviewed by news outlets.[9] In his interview, McMahon corroborated this observation and stated that “Indigenous men need to be part of the solution” – a role he took on by agreeing to be interviewed.[10]

It is clear that Indigenous Peoples and non-Indigenous Canadians alike need to come together and focus on the issue of missing and murdered Indigenous women and girls and work towards a solution. It is time that non-Indigenous Canadians listen to what is being said and help effect change. Without action, the countless Indigenous women who shared their stories will have done so in vain.

If you would like to listen to the podcast, you can find it here.[11]

 

Until Next Time,

 

Team ReconciliAction YEG

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[1] Colonization Road (2018), online: Colonization Road <www.colonizationroad.com/> [perma.cc/MB6X-QU95].

[2] CBC Radio, “New report, same old response: Ryan McMahon confronts Canada’s reaction to the MMIWG inquiry”, CBC Radio(last modified 7 June 2019), online: <www.cbc.ca/radio/day6/ryan-mcmahon-on-mmiwg-nba-lessons-for-the-nhl-daniel-dale-fixing-deloreans-hbo-s-chernobyl-and-more-1.5165179/new-report-same-old-response-ryan-mcmahon-confronts-canada-s-reaction-to-the-mmiwg-inquiry-1.5165183> [perma.cc/6JYN-QZM3] [CBC Radio].

[3] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Final Report” (last visited 5 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/final-report/> [perma.cc/5JVQ-BDXY].

[4] CBC Radio, supra note 2.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Ibid.

[10] Ibid.

[11] CBC Radio, supra note 2.

MMIWG: Mental Health Impacts & Resources

Tansi Nîtôtemtik,

ReconciliAction YEG recognizes that our discussions on MMIWG2S+ and the National Inquiry may be upsetting and/or triggering for some readers. If you require immediate emotional assistance, there is a 24/7 national crisis line available at 1-844-413-6649. This line is toll-free and provides support for anyone who requires emotional assistance related to missing and murdered Indigenous women and girls. The service is available in English, French, Cree, Ojibway, and Inuktitut. Other mental health resources and crisis support will be discussed within today’s post.

 

This week, our team has been introducing you to the National Inquiry into Missing and Murdered Indigenous Women and Girls.[1] Today, we turn to consider the mental health impacts the National Inquiry – and the gendered crisis it seeks to understand – has had on individuals, families, and Indigenous communities.

 

Continuous and Repeated Trauma

The National Inquiry into Missing and Murdered Indigenous Women and Girls proceeded in three parts of what was termed the “Truth Gathering Process.” The first part was focused on gathering information from families and survivors through Community Healings and Statement Gathering events. The National Inquiry received 1484 testimonies from families and survivors through this part of its process.[2]

Several aspects of the National Inquiry’s process were undoubtedly triggering and re-traumatizing for all involved and impacted, including: appearing before the Inquiry’s commission to give testimony; sharing the stories of loved ones who have been murdered or who have disappeared; living with unanswered questions; and being uncertain as to the National Inquiry’s ultimate results. And of course there is the personal trauma experienced by survivors and by the individuals themselves who were lost and murdered, whose pain we can never truly know. Survivors, families of those who have been lost and victimized, and communities themselves live with this trauma daily. Ultimately, it is impossible to qualify the extent of the trauma experienced as such harm is ongoing and continuous and, for many, it will never end and closure may never come, even with the release of the Final Report.

Following the release of the National Inquiry’s Final Report, the Canadian Broadcasting Corporation (CBC News) produced an article featuring Marie Sack, a Mi’kmaw community outreach specialist from Sipekne'katik First Nation in Nova Scotia and a member of Nova Scotia's Family Information Liaison Unit (FILU). The FILU is a group which “serve[s] as a bridge between the families of missing and murdered Indigenous women and girls and provincial governments.”[3] Ms. Sack noted that “[the report] opens up all the wounds again,” and that “[i]t’s going to take [families] months to read even one section of this report, and that could be very painful, opening up their old wounds.”[4] In addition to “opening old wounds”, Sack also emphasized that “not knowing what will come from the report’s release and how the country will respond to its calls for justice can also worsen anxiety for those that testified.”[5] Although it may be difficult, Ms. Sack recommended that families “read the report ‘one step at a time,’ section by section,” and that they “seek any mental and emotional wellness supports available” to them.[6]

 

Resources

Advocates and the National Inquiry’s Final Report have called for trauma-informed and culturally-based counseling services to be made available to those who need it.[7]

Throughout its process, the National Inquiry offered its own aftercare services, but now, following the release of the Final Report, long-term support is specifically made available through Indigenous Services Canada. Services that are accessible include mental health counseling, emotional support, community-based cultural services, and assistance with transportation costs where such support services are not locally available. These services are set to continue until June 30, 2020.[8]

 

Until next time,

ReconciliAction YEG

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[1] Online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca> [perma.cc/B2K3-GYT7].

[2] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Truth Gathering Process” (last visited 12 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/how-to-participate/> [perma.cc/MYC6-F9KD].

[3] “Wellness support available for MMIWG family members reading the inquiry’s final report” CBC News (3 June 2019), online: <www.cbc.ca/news/indigenous/mmiwg-national-inquiry-final-report-aftercare-mental-health-support-1.5159866> [perma.cc/YF3T-T6PK].

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] See e.g. Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Calls for Justice, (Vancouver: Privy Council Office, 2019) calls 3.1-3.7; 7.1-7.9, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Calls_for_Justice.pdf> [perma.cc/C6Q5-KCJ8].

[8] Indigenous Services Canada, “Health Support Services”, online: Indigenous Services of Canada <www.rcaanc-cirnac.gc.ca/eng/1548700698392/1548701361628> [perma.cc/PVP3-UADD].

MMIWG: An Overview of the National Inquiry's Final Report

Tansi Nîtôtemtik,

On June 3^rd, 2019, Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls(Final Report) was released to the public. The Final Report is the result of research which was conducted through a Truth Gathering Process. The Final Report concludes that the violence experienced by Indigenous women, girls and 2SLGBTQQIA people (and all violence experienced by Indigenous peoples) is a human rights issue.[1] The necessary changes required to end violence is more than a matter of public policy – it is also a matter of domestic and international law.

The Final Report is split into two volumes, 1a and 1b, containing three main sections, a final finding of fact and Calls for Justice. Volume 2 is a report specific to Quebec.

Volume 1a

Section 1–Establishing a New Framework

Section 1 lays the foundation, highlighting that throughout the Truth Gathering Process there was a consistent focus on relationship as being the starting point for understanding and ending violence against Indigenous women, girls and 2SLGBTQQIA people. Section 1 further explores how women are at the heart of Indigenous communities and how their absence and the roles and responsibilities they fulfill has disrupted systems of Indigenous laws and rights.[2] 

Section 1 identifies the incongruence between Canada as a signatory to various human rightsconventions and the lack of services and protection for Indigenous women, girls and 2SLGBTQQIA people, leading to human rights abuses.[3] The Final Report concludes that these conventions (such as the International Convention on the Elimination of All Forms of Racial Discrimination) can assist in identifying measures and obligations to ensure the safety of Indigenous women, girls and 2SLGBTQQIA people, while holding the government of Canada accountable in their failure to meet these obligations.[4]

Overall, Section 1 leads to the conclusion that the violence against Indigenous women, girls and 2SLGBTQQIA people “…[i]s a crisis centuries in the making”.[5]

Section 2 – Encountering Oppression

Section 2 focuses on the individual, institutional and systemic forms of oppression experienced by Indigenous women, girls and 2SLGBTQQIA people. This section explores the historic and contemporary impacts of colonization in four main areas of rights violations: culture, health, security and justice.[6] The Final Report concludes that in each of the main areas, Indigenous women, girls and 2SLGBTQQIA people experience rights violations which result in continued harm. Addressing oppression in each of these areas is necessary to eliminating violence. Oppressive systems are a breeding ground for violence and they must be dismantled to ensure the safety and security of all members of society.

Volume 1b

Section 3 – Healing Families, Communities and Nations

Section 3 returns to the ideas, teaching and concepts shared by witnesses in Section 1, focusing on different models of healing and Indigenous-led best practices.[7] This section has three chapters, each focusing on a different aspect of healing. It explores the healing processes of family members and survivors, the commemoration of Indigenous women, girls and 2SLGBTQQIA people as a component of healing, and the outcomes of four Guided Dialogues with front-line service providers and community organizers. Unspeakable harms have been committed and it is incumbent on all of us to participate in and support the healing process.

Calls for Justice

The Final Report delivers 231 Calls for Justice directed at governments, institutions, social services providers, industries and all Canadians.[8] The Calls for Justice are targeted towards ensuring that First Nations, Inuit and Metis families are guaranteed the same safety, security and human rights as currently afforded to non-Indigenous families.[9] The Final Report is clear that the Calls for Justice “...[a]re not simply moral principles; they are legal imperatives”.[10] The Calls for Justice provide Canadians with a road map to address the ways in which individuals, institutions and systems must change to eliminate the violence experienced by Indigenous women, girls and 2SLGBTQQIA people. It is now up to Canadians to decide whether or not we will heed these Calls.

 

To review the Final Report click here.[11]

To review the Calls to Justice click here.[12]

 

Until Next Time,

 

ReconciliAction YEG

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[1] Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, vol 1a (Vancouver: Privy Council Office, 2019) at 70 Cat. No.: CP32-163/2-1-2019E-PDF, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_1a-1.pdf> [perma.cc/S6T7-GLBL].

[2] Ibid at 135.

[3] Ibid at 187.

[4] Ibid at 205.

[5] Ibid at 88.

[6] Ibid at 95.

[7] Ibid at 89.

[8] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Reclaiming Power and Place” (last visited 10 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/final-report/> [perma.cc/5JVQ-BDXY].

[9] Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Calls for Justice, (Vancouver: Privy Council Office, 2019) at 1, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Calls_for_Justice.pdf> [perma.cc/C6Q5-KCJ8].

[10] Supra note 1 at 90.

[11] Supra note 8.

[12] Supra note 9.

MMIWG: History of the National Inquiry into Missing and Murdered Indigenous Women and Girls

Tansi Nîtôtemtik,

Over the next three weeks, ReconciliAction YEG will be discussing the National Inquiry into Missing and Murdered Indigenous Women and Girls and related topics. This week we will provide an introduction to the topic, beginning with today’s post providing a brief history of the National Inquiry.

In 2004 Amnesty International released a report titled Canada: Stolen Sisters: A Human Rights Response to Violence and Discrimination against Indigenous Women in Canada” (“Stolen Sisters”).[1] This report prompted international recognition of the need for a Canadian inquiry into the crisis of missing and murdered Indigenous girls and women. Stolen Sisters told the stories of several missing and/or murdered Indigenous women in Canada’s recent history and called on the federal government to, among other things, take immediate action to protect women at risk; support research into the extent and causes of violence against Indigenous women; and end the marginalization of Indigenous women by addressing the social and economic factors which contribute to their vulnerability.[2]

In the years following Stolen Sisters, numerous reports and studies were conducted on violence towards Indigenous women in Canada. In 2010, the Native Women’s Association of Canada (NWAC) began an initiative called the Sisters in Spirit. Their efforts resulted in a series of “Fact Sheets” published in 2010 identifying 582 missing and murdered Indigenous women and girls across Canada, providing a provincial breakdown of missing and murdered Aboriginal women and girls.[3] Shortly thereafter, the Royal Canadian Mounted Police (RCMP) conducted a National Operational Overview and reported a total of 1,181 missing and murdered Indigenous women and girls across Canada, 164 missing and 1,017 deemed homicide victims.[4] At the time of the RCMP report, 225 of these cases were categorized as unsolved.[5] The culmination of these efforts led to the conclusion that Indigenous women and girls in Canada are subjected to staggeringly disproportionate rates of violence in comparison to non-Indigenous females.[6] According to research from Statistics Canada, Indigenous women and girls accounted for almost 25 per cent of all female homicide victims in Canada in 2015.[7]

In December 2015, in response to the Truth and Reconciliation Commission’s Calls to Action, Call to Action #41, the Government of Canada announced the launch of the National Inquiry into Missing and Murdered Indigenous Women and Girls.[8] Call to Action #41 is as follows: 

41. We call upon the federal government, in consultation with Aboriginal organizations, to appoint a public inquiry into the causes of, and remedies for, the disproportionate victimization of Aboriginal women and girls. The inquiry’s mandate would include: 

i. Investigation into missing and murdered Aboriginal women and girls.

ii. Links to the intergenerational legacy of residential schools.[9]

From December 2015 to May 2016 the Government of Canada completed the pre-inquiry process, on September 1, 2016, the National Inquiry officially commenced.[10] The National Inquiry mandate was “to investigate all forms of violence against Inuit, Métis and First Nations women and girls, including 2SLGBTQQIA people.”[11] From November 2016 to March 2017, the National Inquiry conducted meetings with regional groups and national organizations and made community visits. During that period, the National Family Advisory Circle was formed, which included family members of murdered indigenous women and girls across Canada; and the Support Services Framework was introduced, which provided support to families and survivors throughout the Truth Gathering Process.[12]

From May 2017 to December 2018 the National Inquiry engaged in Statement Gathering across Canada by means of the Truth Gathering Process which occurred in three parts and included both community and institutional hearings. Over 2,380 people participated, including survivors of violence and their family and community members, Knowledge Keepers, and other experts.[13] The National Inquiry examined several key topics in relation to the missing and murdered Indigenous women and girls, such as: human rights, racism, government services, police policies and practices, colonial violence, the criminal justice system, family and child welfare, and sexual exploitation.[14] Following the Truth Gathering Process, the National Inquiry engaged in guided dialogues regarding perspectives from the 2SLGBTQQIA, Métis, Quebec, and Inuit communities, and received and discussed recommendations.[15] By December of 2018, the National Inquiry received final submissions from parties with standing and, following analysis and validation in early 2019, the publication of the Final Report occurred on June 3^rd, 2019.[16]

Join us tomorrow for an overview of key aspects of the Final Report.

 

Yours truly,

 

Team ReconciliAction YEG

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[1] Amnesty International,Canada: Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada (London: Amnesty International, 2004), AMR 20/003/2004, online (pdf): Amnesty International <www.amnesty.ca/sites/amnesty/files/amr200032004enstolensisters.pdf> [perma.cc/PLM8-PSW7].

[2] Ibid at 35-36.

[3] See Native Women’s Association of Canada, “Fact Sheet – Missing and Murdered Aboriginal Women and Girls” (1 August 2010), online: Native Women’s Association of Canada <www.nwac.ca/resources/violence/> [perma.cc/W393-CFLU].

[4] Canada, Royal Canadian Mounted Police, Missing and Murdered Aboriginal Women: A National Operational Overview(Ottawa: Royal Canadian Mounted Police, 2014) Cat. No.: PS64-115/2014E-PDF, online (pdf): <publications.gc.ca/collections/collection_2014/grc-rcmp/PS64-115-2014-eng.pdf> [perma.cc/4Q75-2BJP].

[5] Ibid at 3.

[6] Government of Canada, “Background on the inquiry”, (last modified 22 April 2016), online: Government of Canada <www.rcaanc-cirnac.gc.ca/eng/1449240606362/1534528865114> [perma.cc/8F8U-6GC2].

[7] Tina Hotton Mahony, Joanna Jacob & Heather Hobson, “Women and the Criminal Justice System” in Women in Canada: A Gender-based Statistical Report, 7th ed, Statistics Canada (last modified 21 June 2017), online (pdf): <www150.statcan.gc.ca/n1/en/pub/89-503-x/2015001/article/14785-eng.pdf?st=jX_79MhL> [perma.cc/M6PS-7LGE].

[8] Truth and Reconciliation Commission of Canada, Truth and Reconciliation Commission of Canada: Calls to Action (Winnipeg: Truth and Reconciliation Commission of Canada, 2015) at 4, online (pdf): <trc.ca/assets/pdf/Calls_to_Action_English2.pdf> [perma.cc/DF6D-5J94].

[9] Ibid.

[10] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Timeline of Key Milestones” (last visited 5 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/timeline/> [perma.cc/6G9U-FWUX].

[11] Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, vol 1a (Vancouver: Privy Council Office, 2019), Cat. No.: CP32-163/2-1-2019E-PDF, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_1a-1.pdf> [perma.cc/S6T7-GLBL].

[12] National Inquiry, supra note 10.

[13] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Final Report” (last visited 5 October 2019), online: National Inquiry into Missing and Murdered Indigenous Women and Girls <www.mmiwg-ffada.ca/final-report/> [perma.cc/5JVQ-BDXY].

[14] Ibid; National Inquiry, supra note 10.

[15] National Inquiry, supra note 10.

[16] Ibid; National Inquiry, supra note 10; Canada, National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, vol 1b(Vancouver: Privy Council Office, 2019), Cat. No.: CP32-163/2-2-2019E-PDF, online (pdf): <www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_1b.pdf> [perma.cc/4EMC-VSE2].

In the Media: Indigenous Candidates and Indigenous Issues in the Federal Election

Tansi Nîtôtemtik,

With the impending federal election nearly upon us, today ReconciliAction YEG highlights Indigenous candidates and provides a brief overview of what each party proposes to offer Indigenous voters if they get voted in on October 21^st.

Indigenous Candidates
The 2015 federal election saw the highest representation of Indigenous candidates to date, with a record-breaking 54 contenders, 10 of whom were elected.[1] As of October 1^st, 2019, Indigenous candidates in this year’s federal election total 42 contenders: 5 each for the Conservative Party of Canada (the “Conservatives”) and the Green Party of Canada (the “Green Party”); 2 running Independent (notably Jody Wilson-Raybould); and 15 each for the Liberal Party of Canada (the “Liberals”) and the New Democratic Party (the “NDP”).[2] At last count, 3 of the 42 are running in Alberta ridings. These include: Desmond Bull of the Louis Bull Tribe of the Maskwacis Nation running for the Green Party in the Maskwacis-Wetaskiwin riding[3]; Maggie Farrington, Chief Executive Officer of the Athabasca Chipewyan First Nation, running for the Liberals in the Fort McMurray-Cold Lake riding[4]; and Katherine Swampy a resident of Maskwacis and councillor for the Samson Cree Nation, running for the NDP in the Edmonton Centre riding.[5]

Party Platforms on Indigenous Issues
Some parties, such as the Conservatives, have yet to release the entirety of their platform with regard to Indigenous issues.[6] According to the National Post the Green Party is the only party to have made an official promise with regard to Indigenous Affairs since the start of the campaign on September 11^th, 2019. The Green Party has stated they will implement the Aalls to Action of both the Truth and Reconciliation Commission of Canada (TRC) and the Calls to Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls.[7] As well, they have promised to re-introduce legislation to enshrine in Canadian law the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[8]

However, prior to the start of the campaign or as part of their official platform, most of the Parties have declared what they propose to do if they receive the winning vote. Both the Liberals and the NDP have stressed their commitment to implementing the 94 Calls to Action in the TRC Final Report and have made it a goal to lift the drinking water advisories across Indigenous communities in Canada within the elected term.[9]

The NDP and the Green Party have provided the most comprehensive breakdown in their platforms of what they propose to do for Indigenous voters and have touched on the important topics of housing, education, employment and economic development, and investment in public services.[10]

Little is known about the Conservative Party’s stance on Indigenous issues, except that Conservative Leader Andrew Scheer has said he is eager to build an open and positive relationship with Indigenous people.[11] However, he has also confirmed he would seek a judicial review of the Canadian Human Rights Tribunal decision ordering compensation of First Nations children harmed by on-reserve child welfare systems.[12] As the party currently in power, the Liberals are seeking judicial review of the First Nation child welfare compensation.[13]

The People’s Party of Canada has stated their intention to replace the “paternalistic Indian Act”.[14] As well, People’s Party Leader Maxime Bernier has said he wants to look into ways to bring clean drinking water to remote communities and to give Indigenous people individual property rights.[15]

Like the Conservatives, the Bloc Québécois have spoken little on the topic of Indigenous affairs, but they support the implementation of the UNDRIP and have promised to work toward administrative autonomy for Indigenous communities in the areas of education, justice, and culture.[16]

Voter Information
Please visit Elections Canada online to find your voter information, including who’s running, where to vote, and answers to any other voting questions. The 2019 federal election takes place October 21st, but advance voting happens October 10^th, 11^th, 12^th, and 13^th.[17]

The Canadian Broadcasting Corporation (CBC) has also provided a useful guide to voting in the 2019 federal election.[18] For a quick breakdown on how the parties compare on important key areas, including: Indigenous issues, child care, jobs, education, and healthcare, CBC has provided a useful comparison tool at Canada Votes 2019.[19] To explore how your views align with those of the parties, the 2019 Vote Compass can be found here.[20]

 

Yours Truly,

Team ReconciliAction YEG

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[1] Samantha Wright Allen, “‘We need to be at the table’: nominated Indigenous candidates near 2015’s record high”, The Hill Times (7 August 2019), online:  <www.hilltimes.com/2019/08/07/we-need-to-be-at-the-table-nominated-indigenous-candidates-near-2015s-record-high/210654>.

[2] “An Indigenous guide to the 2019 federal election”, CBC News (last modified 4 October 2019), online: <www.cbc.ca/news/indigenous/2019-federal-election-indigenous-candidates-1.5265989>.

[3] “Desmond Bull – Candidate for Maskwacis-Wetaskiwin (74)”, Green Party of Alberta (last visited 4 October 2019), online:<greenpartyofalberta.ca/cand-detail/?ID=74>.

[4] “Maggie Farrington: Your Liberal Candidate for Fort-McMurry-Cold Lake”, Liberal Party of Canada (last visited 4 October 2019), online: <maggiefarrington.liberal.ca>; Robynne Henry, “Farrington throws her name in for federal election”, Bonnyville Nouvelle (10 September 2019), online: <www.bonnyvillenouvelle.ca/article/farrington-throws-her-name-in-for-federal-election-20190910>.

[5] “Katherine Swampy For Edmonton Centre”, New Democratic Party of Canada (last visited 5 October 2019), online: <katherineswampy.ndp.ca>; “Katherine Swampy”, About.me (last visited 5 October 2019), online: <about.me/katherineswampy>.

[6] Olivia Stefanovich & Jorge Barrera, “Scheer’s relationship with Indigenous people is being tested in this election”, CBC News (4 October 2019), online: <www.cbc.ca/news/politics/scheer-conservative-indigenous-approach-2019-election-1.5130380>;

[7] National Post Staff, “Election 2019 platforms: Here’s what the Liberals, Conservatives, NDP and Greens are promising”, National Post (last modified 4 October 2019), online <nationalpost.com/news/politics/election-2019/federal-election-2019-platforms-guide-liberals-conservatives-ndp-green-platform-promises#indigenousAffairs>.

[8] Ibid.

[9] Jorge Barrera, “How do the main parties compare on these issues”, CBC News(last visited 5 October 2019), online: <newsinteractives.cbc.ca/elections/federal/2019/party-platforms/>; “Building A Better Future With Indigenous Peoples”, Liberal Party of Canada (last visited 5 October 2019), online: <2019.liberal.ca/our-platform/>.

[10] “Reconciliation”, New Democratic Party of Canada (last visited 5 October 2019), online: <www.ndp.ca/reconciliation>; “Reconciliation with Indigenous Peoples”, Green Party of Canada (last visited 5 October 2019), online: <www.greenparty.ca/en/platform/reconciliation-with-indigenous-peoples>.

[11] Stefanovich, supra note 6.

[12] Olivia Stefanovich, “Scheer says he’d seek ‘judicial review’ of First Nation child welfare compensation”, CBC News (3 October 2019), online: <www.cbc.ca/news/politics/scheer-trudeau-human-rights-first-nation-child-welfare-1.5307498>.

[13] Barrera, supra note 9.

[14] “Aboriginal Issues: A New Relationship Based on Mutual Respect”, People’s Party of Canada(last visited 5 October 2019), online: <www.peoplespartyofcanada.ca/aboriginal_issues_a_new_relationship_based_on_mutual_respect>.

[15] Ibid.

[16] “An Indigenous Guide”, supra note 2.

[17] “Voting (Home)”, Elections Canada (last visited 5 October 2019), online: <www.elections.ca/home.aspx>.

[18] Haydn Watters, “What you need to know to vote in Canada’s federal election”, CBC News(last modified 4 October 2019), online: <www.cbc.ca/news/politics/canada-voter-guide-2019-federal-election-1.5260336>.

[19] Barrera, supra note 9.

[20] CBC News, “Vote Compass”, CBC News (last visited 5 October 2019), online: <votecompass.cbc.ca/canada/>.

In the Media: The Wahkohtowin Law and Governance Lodge

Tansi Nîtôtemtik,

In an earlier post this semester, we discussed why Indigenous Governance matters right now. One of the reasons mentioned was that the topic is very current in the media. One example of such current developments, and the topic of today’s blog, is the Wahkohtowin Law and Governance Lodge. The Wahkohtowin Law and Governance Lodge is housed at the University of Alberta and is a collaboration between the Faculty of Law and the Faculty of Native Studies.[1] It is under the co-direction of Hadley Friedland, a professor with the Faculty of Law, and Shalene Jobin, a professor with the Faculty of Native Studies.[2]

Background
Inspired by the Truth and Reconciliation Commission’s Call to Action #50, which calls for “the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Aboriginal peoples in Canada,”[3] the Wahkohtowin Law and Governance Lodge is “an initiative to support Indigenous law and governance through community-led collaborative research and engagement.”[4] In particular, the Wahkohtowin Law and Governance Lodge seeks to “collaborate with Indigenous communities on the recognition, revitalisation and practice of Indigenous law and governance principles.”[5]

Work to Date
In May of this year, the Wahkohtowin Law and Governance Lodge held its first methods workshop where participants “learn[ed] how to identify and work with Indigenous law.”[6] Of the 40 attendees, there were “members from 10 Alberta Indigenous communities and organizations, lawyers, prominent Indigenous legal scholars, a Federal Court justice, law professors and students.”[7] The purpose of this workshop was to introduce individuals to two methods of Indigenous research: Indigenous Governance and Partnership Program Method (IGP) and the Indigenous Research Unit Method (ILRU). The workshop was done to establish several fundamental pillars:

First and foremost, Indigenous laws need to be treated as laws. As well, the research methods need to be rigorous and transparent, Indigenous law is to be understood as only one aspect of governance, but incorporating it is essential for reconciliation to work and for building healthy Indigenous communities.[8]

Government of Canada Funding
Programs offered by the Wahkohtowin Law and Governance Lodge are essential to the acknowledgment of Indigenous Governance. However, it is difficult to provide such resources without funding.

On August 14, 2019, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced that the Government of Canada would contribute $134,127 in funding to the Wahkohtowin Law and Governance Lodge.[9] This funding will “assist the development of the [Wahkohtowin Law and Governance] Lodge, workshops and Indigenous public legal education strategies.”[10] In the same news release, the Department of Justice Canada stated that:

The creation of the [Wahkohtowin Law and Governance] Lodge is a response to the expressed needs of Indigenous communities and organizations, who want effective strategies to address pressing social issues, and to rebuild their own law and governance structures within their legal and governance traditions.[11]

Lametti also put out a call for proposals for other Indigenous projects to “support the development, use and understanding of Indigenous laws and access to justice, in accordance with the unique cultures of Indigenous Peoples in Canada.”[12] Further to this federal funding, the Government of Alberta pledged $10 million over five years in support of Indigenous law initiatives across Canada.[13]

It is imperative to revitalize systems of Indigenous Law and Governance, and to bring Indigenous Governance to the forefront of the consciousness of non-Indigenous Canadians. Support programs and facilities such as the Wahkohtowin Law and Governance Lodge are one part of a necessary step to bridging the cultural gap between Indigenous and non-Indigenous Canadians and offer communities a new means through which to address social issues.

 

Yours Truly,

ReconciliAction YEG

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[1] University of Alberta Faculty of Law, “Wahkohtowin Law and Governance Lodge” (2019), online: University of Alberta <www.ualberta.ca/> [Faculty of Law].

[2] Ibid.

[3] The Truth and Reconciliation Commission of Canada, “Truth and Reconciliation Commission of Canada: Calls to Action” (2015), online: National Centre for Truth and Reconciliation<http://nctr.ca/reports.php>.

[4] Faculty of Law, supra note 1.

[5] Ibid.

[6] Helen Metella, “Wahkohtowin Law and Governance Lodge Holds First Methods Workshop”, (23 June 2019), online: University of Alberta Faculty of Law News<www.ualberta.ca/law/about/news/main-news/2019/june/governance-lodge>.

[7] Ibid.

[8] Ibid.

[9] Department of Justice Canada, “Government of Canada Supports the Wahkohtowin Law and Governance Lodge and Launches a Call for Proposals for the Revitalization of Indigenous Laws” (14 August 2019), online: Government of Canada<www.canada.ca/>.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] Ibid.

 

Wahkohtowin in Action: Solving Contemporary Challenges

Tansi Nîtôtemtik,

As we have previously discussed, wahkohtowin is a Cree legal, social, and philosophical concept that is concerned with kinship and the state of being related to each other. Today, we delve deeper into our consideration of the application of wahkohtowin, looking at how this Cree philosophy can be used to solve contemporary challenges.

In his article “Wahkohtowin in Action,” Matthew Wildcat breaks down the meaning of wahkohtowin into three distinct parts:

First, it references the act of being related – to your human and  other than human relatives. Second, it is a worldview based on the idea that all of existence is animate and full of spirit. Since everything has spirit it means we are connected to the rest of existence and live in a universe defined by relatedness. Third, there are proper ways to conduct and uphold your relationships with your relatives and other aspects of existence. Thus, Wahkohtowin also includes the obligations and responsibilities people have to maintain good relationships. [emphasis in original][1]

Expanding on this third part, Wildcat cites Harold Cardinal and Walter Hildebrandt who state that within wahkohtowin is another doctrine, that of miyo-wicehtowin or the “laws concerning good relations.”[2] As Cardinal and Hildebrandt explain:

Miyo-wicehtowin is a Cree word meaning ‘having or possessing good relations.’ … It asks, directs, admonishes, or requires Cree peoples as individuals and as a nation to conduct themselves in a manner such that they create positive or good relations in all relationships, be it individually or collectively with other peoples. [emphasis in original][3]

It is this aspect of wahkohtowin – relating to the proper ways to conduct one’s self and the obligation to maintain good relationships – that is particularly relevant in terms of addressing contemporary societal challenges.

As a legal doctrine and an organizing narrative, wahkohtowin shifts how we perceive ourselves in relation to one another and offers us a new perspective on how to approach our challenges and maintain our relationships. In reminding us of our kinship and our connections to one another, wahkohtowin implicitly breeds reflection (both on the self and on the other) and makes space for empathy, reminding us that we are not alone in our problems, or in our solutions. It asks us to recognize our inherent (and sometimes invisible or overlooked) connections, and urges us to rely on and consider those connections when making decisions, be it as an individual or as a collective.

When put into practice, wahkohtowin can shift how we approach each other socially and culturally – that is, as people. This is especially important in an era that demands reconciliation and societal change, as called upon by both the Truth and Reconciliation Commission Final Report and the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report. Furthermore, in regards to our other-than-human relatives (be it flora, fauna, or the earth itself), wahkohtowin asks us to de-center ourselves and recognize that we are one part of a larger world. This approach is particularly crucial when confronting growing climate and environmental concerns.

Thus, while abstract in the philosophical sense, at the end of the day the acknowledgement and embodiment of wahkohtowin urges us to come together – as people and as inhabitants of Canada – and consider what our obligations are to one another.

 

Until next time,

 

Team ReconciliAction YEG

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[1] Matthew Wildcat, “Wahkohtowin in Action” (2018) 27 Constitutional Forum 13 at 14

[2] Ibid at 14.

[3] Harold Cardinal and Walter Hildebrandt, Treaty Elders of Saskatchewan: Our Dream is that our Peoples will One Day be Clearly Recognized as Nations (Calgary: University of Calgary Press, 2000) at 14, cited in Matthew Wildcat, “Wahkohtowin in Action” (2018) 27 Constitutional Forum 13 at 14.

Wahkohtowin and Indigenous Governance

Tansi Nîtôtemtik,

When considering the development of self-governance, it is imperative that traditional Indigenous understandings of law and governance are included. One example of Indigenous law is wahkohtowin. Wahkohtowinis a Cree word that Matthew Wildcat defines in “Wahkohtowin in Action” as:

Wahkohtowin directly translates to English as kinship or being related to each other. But the concept encompasses a wider set of ideas about how things are related within Cree worldviews… wahkohtowin also includes the obligations and responsibilities people have to maintain good relationships. [emphasis added].[1]

Wahkohtowin was described by Harold Cardinal as the “laws governing all relations.”[2] These laws consider every party in a disagreement.[3] They consider the interaction between the people and everything in the natural world.[4] They focus on restorative justice with a significant emphasis on family.[5] The definition of family extendsbeyond the Western concept of family to include all elements of nature.[6]

Settler-colonial governmental structures did not take Indigenous government and laws into account when they were applied to Indigenous Peoples. As such, there have been numerous negative impacts on Indigenous communities. While the negative impacts have become apparent through modern analysis, such as that by the Truth and Reconciliation Commission of Canada,the question becomes:how do we approach reconciliation in relation to Indigenous laws and self-governance?This is where concepts like wahkohtowin can assist. As outlined by Wildcat, “Indigenous peoples already know from lessons passed down within families and communities; building and maintaining good relationships is integral to any just political community.”[7] Wildcat further notes that “the creation of Indigenous governments means that former political institutions are effaced or transformed, and political authority is deposited in an Indigenous government.”[8] Indigenous legal concepts like wahkohtowin have existed long before settler arrival in Canada. They were used to develop fully functioning Indigenous societies and can be the basis for the development of Indigenous self-governance in the future.

 

Yours Truly,

ReconciliAction YEG

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[1] Matthew Wildcat, “Wahkohtowin in Action” (2018) 27:1 Constitutional Forum at 2.

[2] Harold Cardinal and Walter Hildebrandt, Treaty Elders of Saskatchewan: Our Dream is that our Peoples will One Day be Clearly Recognized as Nations (Calgary: University of Calgary Press, 2000) at 14, cited in Matthew Wildcat, “Wahkohtowin in Action” (2018) 27:1 Constitutional Forum at 2.

[3] See generally BearPaw Legal, “Wahkohtowin: Cree Natural Law” (8 June 2016), online (video): YouTube<www.youtube.com/watch?v=NTXMrn2BZB0>.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Wildcat, supra note 1 at 15.

[8] Ibid at 17.

 

Wahkohtowin in Ceremony

Tansi Nîtôtemtik,

On the surface, it may be difficult to recognize the link between the cultural practice of ceremony and a legal doctrine such as wahkohtowin. Darcy Lindberg identifies that “…[c]eremonies serve as teaching instruments of law and are integral to the survival and revitalization of Nêhiyaw/Cree legal orders”.[1] When the role of ceremony is viewed through the lens of a venue for teaching legal traditions, the relationship becomes much more clear.

Indigenous legal scholars identify ceremony as being a physical expression of wahkohtowin.[2] Ceremony was central to the treaty-making process. The act of engaging in ceremony was in itself an act of engaging in relationship. The late Cree leader and lawyer Harold Cardinal dismisses any suggestion that the act of ceremony was merely an anthropological show for European settlers.[3] On the contrary, the Elders engaged in ceremony were fully aware that the ceremony represented the legal relationship into which both parties were entering.[4]

In Miyo Nêhiyawiwin (Beautiful Creeness) Lindberg shares his personal experiences of legal teachings from sweat lodge ceremonies facilitated by the late Ron Marshall.[5] Specifically the teaching of how wahkohtowin is maintained between the Nêhiyaw Peoples and the stones, who represent grandmothers and grandfathers.[6] Lindberg recounts the ceremonial process of collecting and offering tobacco to the stones prior to the sweat.[7] During the sweat, the stones are heated until they are a glowing red, gifted with a medicine, and certain obligations are fulfilled towards them.[8] One of the interpretations of the teachings is that there is an obligation to treat the sweat stones (the grandmothers and grandfathers) as Elder relatives.[9]

Lindberg identifies four ways in which ceremony has impacted the survival of Nêhiyaw legal traditions, namely it functions:

1) to protect them in the face of external threats on Nêhiyaw legal orders;
2) to facilitate an embodiment of legal knowledge with the person;
3) to ensure Nêhiyaw laws are transmitted generationally; and
4) to give Nêhiyaw laws mechanism for transformations and evolution.[10]

Perhaps during the treaty-process the European settlers were aware of the significance of the ceremony. It is difficult not to query whether the ceremonial significance in maintaining legal traditions contributed to the federal government’s decision to ban Indigenous ceremonies for nearly 75 years.[11] 

The relationship between ceremony and legal traditions is hardly unique to Cree legal traditions. In trying to make an analogous comparison between our common-law system and ceremony, it may be helpful to consider the individual call to the bar for lawyers in Alberta. Admittance to the bar in Alberta takes the form of a bar call ceremony where the student-at-law swears an oath and is accepted to the bar, becoming a lawyer. While all of the “hard work” of law school and articling is completed beforehand, one does not become a lawyer until they have participated in the bar call ceremony. The ceremony is a physical expression of the commitment the individual is making to upholding the tenants of the legal profession and the Sovereign.[12] 

While the concept of relationship between ceremony and wahkohtowin may seem complex, it need not be. We are hopeful that today’s post has helped you, our readers, as it has us, clarify your understanding of the role of ceremony in Cree legal traditions.

 

Yours Truly,

ReconciliAction YEG

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[1] Darcy Lindberg, “Miyo Nehiyawiwin (Beautiful Creeness) Ceremoniual Aesthetics and Nehiyaw Legal Pedagogy” (2018) 16/17 Indigenous Law Journal 51 at 51.

[2] Harold Cardinal “Nation-Building as Process: Reflections of a Nêhiyow (Cree)” (2007) 34:1 Can Rev Comparative Literature 65 at 75.

[3] Cardinal, supra note 2 at 75.

[4] Ibid.

[5] Lindberg, supra note 1 at 56.

[6] Ibid at 57.

[7] Ibid.

[8] Ibid; Obligations include splashing one splash of water for each stone and feeding the stones first with the food brought by the participants.

[9] Ibid; These teachings align with the protocols of gifting Elders with medicines and food.

[10] Ibid at 59.

[11] “Indigenous Foundations”, University of British Columbia, online:  <indigenousfoundations.arts.ubc.ca/the_indian_act/#amendments>.

[12] Oaths of Office Act, RSA 2000, c O-1, s 1.

Day of Action for #MMIWG2S

Tansi Nîtôtemtik,

Today, October 4^th, stands as Canada’s Day of Action for Missing and Murdered Indigenous Women and Girls. Indigenous communities, advocates, and allies across the country traditionally mark this date as a day to remember and honour the lives of Indigenous women, girls, Two-Spirit, and gender diverse people who have gone missing and been murdered, to support grieving families, and to provide opportunities for healing from the violence that has been wrought on Indigenous women, their families, and their communities.

The annual Day of Action takes place on the anniversary of the release of Amnesty International Canada’s “Stolen Sisters” report[1] in 2004, which “shed light on a Canadian human rights crisis”[2] – specifically, the crisis of violence against Indigenous women and girls. This year’s Day of Action is particularly poignant, as it marks the 15^th anniversary of Amnesty International’s report and follows the release of the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report.[3]

More than a day of remembrance, today’s Day of Action also stands as a social justice movement, endeavoring to create awareness of – and draw attention to – a crisis that has been termed ‘genocide.’[4] Today is a day for voices to unite and show their commitment to combatting the systemic violence that disproportionally targets Indigenous women and girls.

The leading awareness-raising activity of the day is the annual Sister in Spirit vigils, which are organized all across Canada by the Families of Sisters in Spirit (FSIS)[5] in collaboration with Native Women’s Association of Canada (NWAC).[6] As noted by the event’s website:

    We gather to honour our lost sisters and their families. We gather to show
    we are a united front. We gather to shed light on a crisis that affects every
    Canadian. We gather to pressure all levels of government to act and
    ACT NOW! We invite you, your organization and you community to join
    with us in solidarity every October 4^th.[7]

And so, today we encourage you to get involved in your local vigil or mark the day in any way you can. Take a moment. Listen to the families who are sharing their stores and the stories of their loved ones. Take part in a community gathering. Light a candle. Remember the stories of those we have lost. For more information, please visit the Families of Sisters in Spirit Facebook page, and the Native Women’s Association of Canada’s website.

 

Until next time,

 

Team ReconciliAction YEG

 

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Check out our Instagram at: @reconciliactionyeg

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[1] Amnesty International, “Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada” (4 October 2004), online: <www.amnesty.ca/sites/amnesty/files/amr200032004enstolensisters.pdf>

[2] Amnesty International, “Honour Stolen Sisters at a vigil on October 4”, online: <www.amnesty.ca/get-involved/take-action-now/honour-our-stolen-sisters-at-a-vigil-on-october-4>

[3] National Inquiry into Missing and Murdered Indigenous Women and Girls, “Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls” (3 June 2019), online: <www.mmiwg-ffada.ca/final-report/>

[4] Kathleen Martens, “MMIWG Inquiry concludes violence against women and girls is ‘genocide’”, APTN News(31 May 2019), online: <aptnnews.ca/2019/05/31/mmiwg-inquiry-concludes-violence-against-women-and-girls-is-genocide/>

[5] Online: <www.facebook.com/fsismmiwg2s/>

[6] Online: <www.nwac.ca>

[7] Online: <www.october4th.ca>