Missing and Murdered Aboriginal Women and Girls

Senator Lillian Eva Quan Dyck, PhD, Dlitt

CASHRA Conference, June 22-2015

Original Groundbreaking Reports

Amnesty International, 2004, 2009Stolen Sisters: A Human Rights Response to Discrimination and Violence Against Indigenous Women in Canada.

No More Stolen Sisters

NWAC, 2005-2010What their Stories Told Us, Sisters in Spirit Initiative

2

Calls for a National Inquiry into MMAWG

NWAC, 2010

Federal Liberal & NDP 2010, 2013

(UN)CEDAW 2011

AFN 2012

Provincial, Territorial leaders 2013

UN special rappateur Anaya 2013

AI, CHRC, CASW, CPHA, CFUW 2014

Many other orgs. & prominent individuals

Harper Government ResponsesSpeech from the Throne, Oct 2013:

“Aboriginal women are disproportionately the victims of violent crime. Our Government will renew its efforts to address the issue of missing and murdered Aboriginal women.

Canadians also know that prostitution victimizes women and threatens the safety of our communities. Our Government will vigorously defend the constitutionality of Canada's prostitution laws.

Finally, our Government recognizes the daily risks taken by police officers and their service animals. It will bring forward Quanto's law in honour of them.” 4

Missing, Murdered & nearly Murdered

Loretta Saunders Feb. 2014Marlene Bird June 2014Tina Fontaine August 2014Rinelle Harper November 2014

Not much national media attention until the murder of Loretta Saunders and Tina Fontaine

And the RCMP report in 2014

RCMP Report:“Missing and Murdered Aboriginal Women: A National Operational Overview,” May 2014

RCMP Report

Aboriginal women: 1,017 murdered

164 missing3x more likely –Missing4x more likely - Murdered

SK: 55% of murdered women were Aboriginal.

Nationally: 16% of murdered women were Aboriginal.

RCMP Report

Aboriginal female homicides as proportion of total female homicides increase from 19980-2012; Aboriginal homicide rate 4x higher than non-aboriginal

The rate of non-Aboriginal female homicides has dropped.

Why hasn’t it dropped for Aboriginal females?

RCMP report focuses on homicides

The missing AW aren’t really discussed though they are also the focus of families and communities.

Government Responses to MMAWG

PM Stephen Harper, August 2014:

“I think we should not view this as sociological phenomenon. We should view it as crime.”

Fed. Government Action

“Sept 2014: Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls.

Federal Action Plan

$25 million/5 years● $8.6 million/ 5 years for community safety

plans● $2.5/5years for projects aimed to breaking

intergenerational violence ● $5 million/5 years for anti-violence programs● $7.5 million/5 years for victims services

Flaws in the Federal Action Plan

Assumes that most Aboriginal women and girls are killed by Aboriginal men.

Assumes that family violence on reserves is the main problem.

Really nothing new in it – despite 40 reports that they cite.

It’s a family violence action plan not a MMAWG action plan

The Cost of a National Inquiryis no excuse for not initiating it

The fed government was willing to spend $26 million/~2.5 years on the Cohen Commission of Inquiry on Sockeye Salmon.

The fed government was willing to spend $106 million/yr for 2012-2013 in court challenges against FNs.

Money is there! $1 billion wasn’t even spent by AANDC over the last 5 years.

See details in my Senate Inquiry speech, June 16-2015Website: www.sen.parl.gc.ca/ldyck/

Increasing pressure for a National Inquiry

Angus Reid poll, October 2014:

Three quarters of Canadians are in favor of a national inquiry!

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Legal arguments supporting a Charter Challenge released by Liberal senators

Nov 20-2014

CBC news

Global news

Legal Arguments for a Court Challenge for

MMAWGs, November, 2014

Based on violations of Charter of Rights & Freedoms:

Section 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Legal arguments for a Charter Challengeposted on the CBC website

Government position still unchanged

PM Stephen Harper, Dec. 2014

“…it isn’t really high on our radar, to be honest.”

AANDC Minister Valcourt, Dec. 2014:

“Obviously, there’s a lack of respect for women and girls on reserve. If the guys, grew up believing that women have no rights, that’s how they’re treated.”

National Roundtable, Feb 27-2015

Provincial/Territorial and Aboriginal Leadership held a National Roundtable

AANDC Minister Bernard Valcourt, Status of Women Minister Kellie Leitch represented the Fed. Government

National Roundtable: two outcomes

1. Provincial/Territorial Premiers and Ministers, Families of victims, Aboriginal Leadership called for:● A National Inquiry; an awareness campaign● More roundtables

2. Ministers Leitch and Valcourt in separate press conference – no change.● Still refused to call a National Inquiry; ● Claimed their Action Plan is sufficient

Questionable Claim by Valcourt

“70% of murdered Aboriginal Women are killed by Aboriginal men.” Minister Valcourt , March 20, 2015.

1st the RCMP said they don’t collect the data, then they said they would release them in a new report,

then Commissioner Paulson confirmed the claim, but wouldn’t release the data.

The data supporting this claim has NOT be made public by the RCMP and whatever data

they currently have is not reliable.25

Star Phoenix Front pagewith misleading information

What is your reaction to the news?

Do you believe the claims?

What do they mean?

What conclusions have you come to?

Let’s examine the numbers from which the news article was derived.

While this number is correct, there are notable differencesin the type of relationship. Eg., spousal, acquaintance

And the racial identity of the offender has not been reported.

The 2014 RCMP Report

These are the actual data from the RCMP report

If you add the 1st four categories, you get 92% and 93% for A and non-A

If you add the 1st four categories, you get 92% and 93% for A and non-A

Thus, the claim that 90% knew their assailant is correct,

But grouping the categories hides important differences between A and non-A female victims.

2014 RCMP Report

Non-A females were most often murdered by their spouse .

41% vs 29%

“Aboriginal female victims were most often murdered by an acquaintance (30% compared to 19%).

Breaking this down further, Aboriginal females were more likely to be murdered by a casual acquaintance (17% compared to 9%)

or by someone with whom they had a criminal relationship (7% compared to 3%).” – Page 12

Unconscious leaps of logic

When this 90% stat was reported in May 2014, some journalists thought that this meant that the majority of Aboriginal women are murdered by Aboriginal men.

And it seems that many others also believe this.

It should be noted that

The racial identity of the acquaintances, spouses, etc was not even reported.

We have mixed relationships.

Aboriginal females have family members, spouses and acquaintances who are non-Aboriginal.

And vice versa.

It is important to challenge the claim that family violence is the main factor in the murders of Aboriginal women, because● the evidence is questionable● the claim reinforces negative stereotypes

about Aboriginal people.

● it minimizes the role of non-Aboriginal offenders.

There’s been no media attention paid to the higher level of spousal violence for non-Aboriginal women.

No headline like “Non-Aboriginal women murdered more often by spouse than Aboriginal women!”

Amnesty International, 2014

“At the same time, it’s also clear that characterizing the threats to Indigenous women’s lives as exclusively about domestic violence

- as some government spokespersons and media commentators have done –

misrepresents the issues and

obscures crucial aspects of these threats.”

2014 RCMP Report

2014 RCMP Report

2014 RCMP Report

2014 RCMP Report

In other words,

The RCMP know that their data on racial identity is subjective, open to interpretation, not rigorous and incomplete.

i.e., at best, their data on race are indicative but certainly not reliable.

Yet they back Minister’s Valcourt claim that Abor men are responsible for 70% of the MMAWGS.

The RCMP Data conflict with the NWAC data

NWAC Report 2010: “What Their Stories Told Us”● Only 7% of Aboriginal women go missing from a

reserve● Only 13% are murdered on a reserve.

● 70% of aboriginal women and girls disappeared from an urban area.

● 60% were murdered in an urban area.

● 3x more likely to be murdered by a stranger

● 23% of the murderers were non-Aboriginal, 36% were Aboriginal and 41% were of unknown race.

Stats Canada, 2006 Census ● ~60% of Aboriginal Canadians live off-reserve

Which report do you think is correct?

Doesn’t the discrepancies between the 2 reports

and

the peculiar interpretation by the RCMP and low validity of their data call into Q their conclusions about the race of the perpetrators?

The conclusions of RCMP report are not the ‘Gospel truth”.

They are questionable.

The Harper government position is not defensible.

The RCMP report notes clearly that its data on race is ‘challenging’.

Their current data is unreliable.

They didn’t include on- versus off –reserve comparisons.

Thus, the Harper government’s intensive focus on Aboriginal male perpetrators on reserves is not fair and is highly questionable.

TRC final event, Ottawa June 12-14, 2015

Honourable Justice Murray Sinclair (Chair), Chief Wilton Littlechild, Dr. Marie Wilson53

Truth & Reconciliation Commission, May 31-June 3,2015, Report summary

Legacy of Colonialism and Residential Schools● Both Aboriginal and non-Aboriginal children were

taught Aboriginal identity and culture were inferior● Disempowered Aboriginal women who previously

had significant and powerful roles● Created intergenerational family violence and

abuse

Truth & Reconciliation Commission

Recommendation #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.

An independent commission of inquiry into MMAWGs:

• would not be unduly influenced by preconceived ideas about Aboriginal women and men

• would recognize that the role of non-Aboriginal men should also be examined

• could get the unreleased RCMP data.• Would get at the root causes and

propose holistic solutions.

“Honourable senators, seven years ago, in June 2008, Prime Minister Harper apologized for the imposition of the Indian residential schools and the harms done to generations of people, and yet today he still refuses to call a commission of inquiry into the missing and murdered Aboriginal women.

Colleagues, that is just not right. It is just not right. Something must be done.”

– Senator Lillian Dyck, Inquiry in the Senate into Missing and Murdered Aboriginal Women and Girls,

June 16, 2015

Members of Iskwewuk E-wichiwitochik