Skip to main content

IWFA Committee Report

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

DISSENTING OPINION OF THE NEW DEMOCRATIC PARTY OF CANADA

“Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own Indigenous decision- making institutions…
…States shall take measures, in conjunction with Indigenous peoples, to ensure that Indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.” 
– United Nations Declaration on the Rights of Indigenous Peoples, Articles 18 and 22(2)

Urgent and immediate action is needed to address the crisis of missing and murdered Indigenous women and violence faced by too many First Nations, Inuit, and Métis women and girls. At the beginning of the special committee’s hearings, New Democrats were mindful that families and communities of missing and murdered Indigenous women and girls were expecting to hear concrete recommendations that the federal government could move forward with immediately. New Democrats were hopeful at the onset of the committee of the potential to make clear and strong recommendations for federal action but were left disappointed by the outcome.

A call to action should imply some urgency; instead this report’s recommendations suggest that the status quo remain and no extraordinary measures are necessary to deal with the crisis of missing and murdered Indigenous women and girls. The report does not convey that there is a public safety emergency unfolding in every corner of the country and that a co-ordinated response is needed to address the high rates of violence against Indigenous women and girls.

This approach disappoints NDP members of the committee. As Parliamentarians, part of our work is to decide how to allocate resources to achieve the social and economic goals we determine are of the highest priority. Reducing violence and preventing the disappearance or murder of more women and girls should have been the goal of this committee. Instead, we are left with another report that ignores testimony pointing out that inadequate federal funding has weakened the ability of Indigenous organizations and communities to respond to the on-going tragedy.

This approach disappoints NDP members of the committee. As Parliamentarians, part of our work is to decide how to allocate resources to achieve the social and economic goals we determine are of the highest priority. Reducing violence and preventing the disappearance or murder of more women and girls should have been the goal of this committee. Instead, we are left with another report that ignores testimony pointing out that inadequate federal funding has weakened the ability of Indigenous organizations and communities to respond to the on-going tragedy.

New Democrats had hoped that in line with Canada’s obligations to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) that First Nations, Inuit and Métis organizations and families would help lead, direct and inform the work of the committee; but this was not the case.  Our initial concerns regarding the lack of inclusiveness and clear vision of the committee, raised in a letter to the Chair of the Committee on June 19, 2013, were unfortunately never answered. Instead, the final report criticizes the very people the Committee had asked to join the committee to provide MPs with expertise and lived experience.

We would like to thank the many witnesses who appeared before the committee and shared their stories and work.  New Democrats found many consistencies in witness testimony. Nearly every witness agreed that a national public inquiry into the missing and murdered Indigenous women and girls should be a priority of the Canadian government. Such an inquiry need not be limited simply to the circumstances of each disappearance or murder; it should also look into systemic problems with Canada’s justice system and provincial child welfare systems as well as the effects of the Indian Act in perpetuating  and institutionalizing racism and sexism against Indigenous women and girls.

We also heard many witnesses say that any solutions to end violence against Indigenous women must be led and sustained by Indigenous women. For centuries our legal system has denied Indigenous women their rights and legal standing. That has contributed to the violence against them. Recognizing that and working to combat the attitudes that lead to increased violence against Indigenous women means enabling those same women to take steps to end the violence. This also supports community-driven solutions.

Finally, New Democrats would like to acknowledge the work of the Native Women’s Association of Canada and the Assembly of First Nations for their draft Action Plan to End Violence against Indigenous Women and Girls. We also would like to thank the Native Women’s Association of Canada and all families for the expertise they tried to provide to the committee. We are dismayed that the committee did not use its powers to recognize that expertise and find a way to better integrate it into the work of the committee.

The lack of recognition of these organizations and individuals highlights an issue that must be addressed by Canada’s legal and political community before a national inquiry can begin. As we saw during the work of this committee and also during the Oppal Inquiry in British Columbia, the special circumstances of Indigenous women and their representatives is often sidelined during legal procedures. The reconciliation of the existing Indigenous system of laws and justice and the Canadian legal system is an on-going process. Finding a way to integrate the lived experience of women without re-victimizing them through a system of adversarial questioning and insistence on strict adherence to previous practice would go far in helping determine a way forward for us all.

As Mary Teegee from Carrier Sekani Family Services said during her witness testimony:

“It's not an Aboriginal issue; it's a Canadian society issue. That is the only way we are going to deal with it, by coming together and collaborating in every aspect of our society.”

New Democrats propose the following recommendations.

Recommendation One:

That the federal government establish a National Commission of Public Inquiry to analyse violence against Indigenous women and girls, in particular those who are missing or have been murdered and that where possible, Indigenous women are involved in the design, decision-making, process and implementation of this inquiry.

Recommendation Two:

That the federal government, based on the motion presented to the House by Niki Ashton (M-444), and with leadership from Indigenous communities, specifically Indigenous women and their representatives, develop and implement a national action plan to address violence against Indigenous women and girls that addresses the structural root of the violence as well as the accountability and coordination of government bodies charged with preventing and responding to violence.

Recommendation Three:

The federal government should take all efforts to enable Indigenous women as leaders in any strategy to reduce violence or to promote gender equality. This may include consultation in program design and implementation with sustainable and predictable project funding specifically for Indigenous women to combat violence at the national, regional, community and family level.

Recommendation Four:

That the federal government address chronic underfunding of:

    • front-line services;
    • housing;
    • child welfare services;
    • education;
    • health and mental health treatment;
    • safe houses, especially in northern and remote communities;
    • research, advocacy organizations and data collection; 
    • other anti-poverty programming

for all Indigenous women, their families and communities, in close consultation with Indigenous peoples and while respecting Canada’s obligations in section 35 of the Constitution Act,1982, and under the UNDRIP.

Recommendation Five:

That the federal government invest in a balanced, effective approach based on prevention, policing, and prosecution to address violence against Indigenous women and girls by providing sustainable and ongoing funding for: preventive, anti-violence and community safety initiatives; police services in Inuit, First Nations and Métis communities; and victim and healing programs; and also by developing police officer training to counter racism and sexism in the treatment of Indigenous women and girls - in close consultation with Indigenous peoples and while respecting Canada’s obligations in sestion 35 of the Constitution Act, (1982) and under the UNDRIP.