2020_Accessible Committee-Report template

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

For more information please contact us:

by email: APPA@sen.parl.gc.ca

by mail: The Standing Senate Committee on Aboriginal Peoples

Senate, Ottawa, Ontario, Canada, K1A 0A4

This report can be downloaded at: APPA, Reports

The Senate is on Twitter: @SenateCA

follow the committee using the hashtag #APPA

Ce rapport est également offert en français.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

TABLE OF CONTENTS

THE COMMITTEE MEMBERSHIP ........................................................................................................... 4

The Honourable Senators ............................................................................................................. 4

ORDER OF REFERENCE .......................................................................................................................... 5

INTRODUCTION..................................................................................................................................... 6

THE IMPLEMENTATION OF THE CALLS FOR JUSTICE ............................................................................ 7

EXAMINING THE FEDERAL ROLE IN THE IMPLEMENTATION OF SELECT CALLS FOR JUSTICE ............ 10

CONCLUSION....................................................................................................................................... 11

ANNEX A – WITNESSES ....................................................................................................................... 12

ANNEX B – BRIEFS ............................................................................................................................... 12

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

THE COMMITTEE MEMBERSHIP

The Honourable Brian Francis, Chair

The Honourable Dan Christmas, Deputy Chair

The Honourable Senators

David M. Arnot

Michèle Audette

Patrick Brazeau

Mary Coyle

Sandra M. Lovelace Nicholas

Nancy J. Hartling

Yonah Martin

Kim Pate

Dennis Glen Patterson

Scott Tannas

Ex-officio members of the committee:

The Honourable Senator Gold and/or The Honourable Senator Gagné

The Honourable Senator Plett and/or The Honourable Senator Martin

Other Senators who have participated in the study:

The Honourable Bernadette Clement

The Honourable Pat Duncan

Parliamentary Information, Education and Research Service, Library of Parliament:

Brittany Collier, Analyst

Sara Fryer, Analyst

Senate Committees Directorate:

Andrea Mugny, Committee Clerk

Daniel Charbonneau, Committee Clerk

Lori Meldrum, Administrative Assistant

Senate Communications Directorate:

Ben Silverman, Communications Officer

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

ORDER OF REFERENCE

Extract from the Journals of the Senate of Thursday, March 3, 2022:

The Honourable Senator Francis moved, seconded by the Honourable Senator Cordy:

That the Standing Senate Committee on Aboriginal Peoples be authorized to examine

and report on the federal government’s constitutional, treaty, political and legal

responsibilities to First Nations, Inuit and Métis peoples and any other subject concerning

Indigenous Peoples;

That the documents received, evidence heard and business accomplished by the

committee since the beginning of the First Session of the Forty-second Parliament be

referred to the committee; and

That the committee submit its final report no later than December 31, 2023, and that

the committee retain all powers necessary to publicize its findings for 180 days after the

tabling of the final report.

The question being put on the motion, it was adopted.

Interim Clerk of the Senate

Gérald Lafrenière

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

INTRODUCTION

The National Inquiry into Missing and Murdered Indigenous Women and Girls (the National Inquiry)

was mandated to “report on the systemic causes of all forms of violence against Indigenous women

and girls” and, more broadly, to “examine the underlying social, economic, cultural, institutional,

and historical causes that contribute to the ongoing violence and particular vulnerabilities of

Indigenous women and girls in Canada.”

The National Inquiry held public and private hearings across Canada, and gathered statements in

small, remote communities.

Families told the Standing Senate Committee on Aboriginal Peoples

(the committee) about their experience participating in the National Inquiry. Denise Pictou

Maloney explained “[t]he national inquiry, for our family, provided a safe space where I could refer

to my mother not as a victim but as a human being, where I could express the intergenerational

loss.”

Jana Schulz stated that: “The inquiry process allowed me and a loved one to feel heard and

provided ceremony and culturally specific supports. We left the inquiry feeling lighter and thought

that it was the start of our healing journey.”

Nancy Jourdain told the committee: “women, girls

and their families spoke their truths about the violence they had experienced, demonstrating

courage, humility and resilience through the sharing of their stories. Their efforts must not be in

vain.”

In June 2019, the National Inquiry published its final report including 252 Calls for Justice

aimed at

governments, institutions, industries, social service providers and all Canadians. In 2022, the

committee decided to undertake a short study over the course of two and a half meetings to

examine the implementation of the final report of the National Inquiry. The committee wishes to

thank all of the witnesses who appeared for sharing their stories and experiences.

The following report will discuss the Government of Canada’s implementation of the Calls for

Justice and the committee’s intention to seek an Order of Reference from the Senate to further

study oversight mechanisms for the Government of Canada’s implementation of the Calls for

National Inquiry into Missing and Murdered Indigenous Women and Girls, Our Mandate, Our Vision, Our Mission,

“The Mandate of the National Inquiry.”

APPA, Evidence, 4 April 2022, Marion Buller, Former Chief Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls.

APPA, Evidence, 25 April 2022, Denise Pictou Maloney, as an individual.

APPA, Evidence, 25 April 2022, Jana Schulz, as an individual.

APPA, Evidence, 25 April 2022, Nancy Jourdain, as an individual.

This includes 231 Calls for Justice in the National Inquiry’s final report and 21 Calls for Justice in the National Inquiry’s

Supplemental Report specific to Quebec.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

Justice. We believe accountability is vital to ensure that families and survivors remain at the heart

of the implementation of the Calls for Justice.

THE IMPLEMENTATION OF THE CALLS FOR JUSTICE

The 252 Calls for Justice aim to address the violence and oppression experienced by Indigenous

women, girls and Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and

asexual people as well as people who are non-binary or gender non-conforming (2SLGBTQQIA+)

while ensuring they live dignified lives.

The following section will examine what witnesses said

about the implementation of the Calls for Justice, activities taken to implement them since the

release of the National Inquiry’s final report and the committee’s findings for further action.

The committee agrees with witnesses who were concerned about the safety and well-being of

Indigenous women, girls and 2SLGBTQQIA+ peoples. Witnesses concluded that implementing the

Calls for Justice is urgent.

Witnesses highlighted the importance of improving socio-economic

outcomes for Indigenous women, girls and 2SLGTBQQIA+ people.

Several years after the release of the National Inquiry’s final report, witnesses indicated that action

to implement the Calls for Justice was already lagging in important areas like access to culturally

appropriate health care and safe spaces to live.

For example, several witnesses identified uneven

access to services in Indigenous communities, including a lack of culturally appropriate

programming for Inuit women in the correctional system.

APPA, Evidence, 4 April 2022, Qajaq Robinson, Former Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls.

For example, see APPA, Evidence, 4 April 2022, Qajaq Robinson, Former Commissioner, National Inquiry into Missing and

Murdered Indigenous Women and Girls; APPA, Evidence, 4 April 2022, Gerri Sharpe, Interim President, Pauktuutit Inuit

Women of Canada; and APPA, Evidence, 25 April 2022, Brenda Vanguard, Women’s Council Representative, Assembly

of First Nations; APPA, Evidence, 4 April 2022, Brian Eyolfson, Former Commissioner, National Inquiry into Missing and

Murdered Indigenous Women and Girls; APPA, Evidence, 25 April 2022, Jana Schulz, as an individual; APPA, Evidence, 4

April 2022, Elmer St. Pierre, National Chief, Congress of Aboriginal Peoples.

For example, Coalition Canada, Basic Income - revenu de base, Brief, 20 May 2022.

APPA, Evidence, 25 April 2022, Nancy Jourdain, as an individual; APPA, Evidence, 4 April 2022, Marion Buller, Former Chief

Commissioner, National Inquiry into Missing and Murdered Indigenous Women and Girls; APPA, Evidence, 4 April 2022,

Qajaq Robinson, Former Commissioner, National Inquiry into Missing and Murdered Indigenous Women and Girls.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

Delays to implement the Calls for Justice have significant consequences, as explained by Denise

Pictou Maloney:

[W]e will continue to be trapped in a Jordan’s Principle situation where

governments at all levels waste valuable time arguing over whose

responsibility it is to implement the 231 Calls for Justice while advocacy

groups and organizations continue their perpetual lottery with inadequate

funding and maintaining the status quo, and our women and girls continue

to die.

The committee heard about the National Action Plan which was released on 3 June 2021. It was

developed by a number of organizations and individuals including the National Family and Survivors

Circle

, survivors and family members of missing and murdered Indigenous women and girls.

“identifies the necessary activities that must be taken by all governments…organizations, and

communities across Canada to address violence against Indigenous women, girls, and

2SLGBTQQIA+ people.”

The federal government’s contribution to the National Action Plan, the

“Federal Pathway,” includes commitments to end violence against Indigenous women, girls and

2SLGBTQQIA+ people.

The committee heard about funding commitments since the release of the National Inquiry’s final

report. Pauktuutit Inuit Women of Canada noted the slow pace of progress on the implementation

of the Calls for Justice, and explained that they have only seen a “federal commitment to fund five

Inuit-specific shelters, one in each region of Inuit Nunangat and one in Ottawa, where the largest

population of urban Inuit live.”

The National Family and Survivors Circle was established to “provide guidance on how to engage families, survivors

and 2SLGBTQQIA+ people in the development and implementation of a National Action Plan.” The National Family and

Survivors Circle is comprised of Indigenous women from diverse backgrounds.

2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending

Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People, 3 June 2021, p. 11.

2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending

Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People, 3 June 2021, p. 21.

Crown-Indigenous Relations and Northern Affairs Canada, Federal Pathway to Address Missing and Murdered

Indigenous Women, Girls and 2SLGBTQQIA+ People.

APPA, Evidence, 4 April 2022, Gerri Sharpe, Interim President, Pauktuutit Inuit Women of Canada.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

In their appearance before the committee, officials from Crown-Indigenous Relations and Northern

Affairs Canada provided several examples of budget commitments and identified a few initiatives

developed by the department specifically related to missing and murdered Indigenous women and

girls.

However, Les Femmes Michif Otipemisiwak noted that:

Funding announcements…were not specific, and the funding actually went to more of a

broad-based initiative without direct effects on eliminating MMIWG [missing and murdered

Indigenous women and girls].”

The committee acknowledges the concerns of witnesses about the slow pace of progress, and

believes that there could be more targeted investments clearly related to existing action plans and

the critical priorities identified by families and survivors. The committee acknowledges the

difficulty in harnessing all levels of governments and various institutions in Canada to respond to

252 Calls for Justice. The committee observes that the federal government could create

opportunities to facilitate dialogue and collaboration on the implementation of the Calls for Justice

between federal, Indigenous, provincial/territorial governments, and Indigenous peoples and

organizations. Initiatives could involve, for example, including the implementation of the Calls for

Justice on the agendas of First Ministers’ meetings going forward.

Moreover, witnesses observed it was difficult to obtain information about the Government of

Canada’s work related to the implementation of the Calls for Justice. The committee is concerned

that families and survivors, who should be at the heart of the implementation of the Calls for

Justice, may be unable to find information about progress. The committee was pleased to see that

two progress reports were released in 2022, one on the National Action Plan and another on the

Federal Pathway.

However, the committee believes that regular progress reports are needed to

ensure that families and survivors are aware of ongoing initiatives. Therefore, the committee

recommends:

APPA, Evidence, May 16, 2022, Daniel Quan-Watson, Deputy Minister, Crown-Indigenous Relations and Northern

Affairs Canada.

APPA, Evidence, 4 April 2022, Lisa Pigeau, Director of Intergovernmental Relations and Gender-Based Violence

Initiatives, Les Femmes Michif Otipemisiwak.

2022 Progress Report on the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National

Action Plan, 23 May 2022; Crown-Indigenous Relations and Northern Affairs Canada, Federal Pathway Annual Progress

Report.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

RECOMMENDATION 1

That Crown-Indigenous Relations and Northern Affairs Canada

provide quarterly progress reports starting in October 2022 on the

federal government’s implementation of the Calls for Justice to the

committee, post them publicly on its website and ensure they are

distributed to families and survivors of missing and murdered

Indigenous women and girls.

EXAMINING THE FEDERAL ROLE IN THE

IMPLEMENTATION OF SELECT CALLS FOR JUSTICE

Witnesses highlighted the need to begin to monitor the implementation of the Calls for Justice.

Indigenous women and girls already face significant challenges in their daily lives and responsibility

for follow-up, implementation or monitoring of the Calls for Justice cannot be left to them alone.

Call for Justice 1.10 calls upon the federal government to create an independent mechanism to

report annually to Parliament on the implementation of the Calls for Justice. The committee

believes that establishing independent oversight is important. The committee intends to ask the

Senate for an Order of Reference to pursue a targeted study on missing and murdered Indigenous

women and girls, related to Call for Justice 1.10. This potential study could explore models and set

out recommendations for the form of the independent mechanism including its governance,

legislative authority, powers and functions.

Several witnesses emphasized the importance of Call for Justice 1.7, the establishment of an

independent National Indigenous and Human Rights Ombudsperson, by all governments, in

partnership with Indigenous peoples, with authority in all jurisdictions, along with a National

Indigenous and Human Rights Tribunal. The creation of the office of the Ombudsperson and the

Tribunal are also reflected as priorities in the National Action Plan. The National Action Plan further

APPA, Evidence, 25 April 2022, Nancy Jourdain, as an individual.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

states that in the absence of the establishment of these institutions, the United Nations’

monitoring of Canada’s human rights obligations continues to be important for Indigenous

peoples.

The committee was pleased to learn that the Government of Canada has recently started to

explore what the national Indigenous human rights ombudsperson and tribunal could look like.

The committee also notes that the 2022 Progress Report on the National Action Plan states that “At

this point in time, no action has been taken on the creation of an independent national Indigenous

oversight body.”

The committee heard that the implementation of the Calls for Justice must be

done holistically rather than in a piecemeal manner.

Given concerns about the implementation of

the Calls for Justice more broadly, the committee believes it is important to examine the

Government of Canada’s role in the implementation of Call for Justice 1.7 as part of a potential

future study on missing and murdered Indigenous women and girls.

CONCLUSION

The committee believes that the federal government plays an essential role in implementing the

Calls for Justice. The committee intends to ask the Senate for an Order of Reference to contribute

to this important work by examining the federal government’s role in the implementation of Calls

for Justice 1.7 and 1.10. The potential study would be guided by the families and survivors of

missing and murdered Indigenous women and girls, and Indigenous women, girls and

2SLGBTQQIA+ people. Ultimately, the committee believes that this work is imperative to support

the health and safety of Indigenous women, girls and 2SLGBTQQIA+ people.

2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending

Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People, p.33.

APPA, Evidence, May 16, 2022, Chantal Marin-Comeau, Director General, Missing and Murdered Indigenous Women

and Girls Secretariat, Crown-Indigenous Relations and Northern Affairs Canada.

2022 Progress Report on the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National

Action Plan, 23 May 2022, p. 58.

APPA, Evidence, 4 April 2022, Qajaq Robinson, Former Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls.

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG

ANNEX A – WITNESSES

Monday, April 4, 2022

• Marion Buller, Former Chief Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls

• The Honourable Senator Michèle Audette, Former Commissioner, National Inquiry into

Missing and Murdered Indigenous Women and Girls

• Brian Eyolfson, Former Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls

• Qajaq Robinson, Former Commissioner, National Inquiry into Missing and Murdered

Indigenous Women and Girls

• Elmer St. Pierre, National Chief, Congress of Aboriginal Peoples

• Elizabeth Blaney, Director of Policy Development, Congress of Aboriginal Peoples

• Rosemary Cooper, Executive Director, Pauktuutit Inuit Women of Canada

• Lisa Pigeau, Director of Intergovernmental Relations and Gender-Based Violence

Initiatives, Les Femmes Michif Otipemisiwak

• Gerri Sharpe, Interim President, Pauktuutit Inuit Women of Canada

Monday, April 25, 2022

• Natan Obed, President, Inuit Tapiriit Kanatami

• Cassidy Caron, President, Métis National Council

• Julie McGregor, Director, Justice Sector, Assembly of First Nations

• Brenda Vanguard, Women’s Council Representative, Assembly of First Nations

• Nancy Jourdain, As an Individual

• Denise Pictou Maloney, As an Individual

• Jana Schulz, As an Individual

Monday, May 16, 2022

• The Honourable Marc Miller, P.C., M.P., Minister of Crown-Indigenous Relations

• Chantal Marin-Comeau, Director General, Missing and Murdered Indigenous Women and

Girls Secretariat, Crown-Indigenous Relations and Northern Affairs Canada

• Daniel Quan-Watson, Deputy Minister, Crown-Indigenous Relations and Northern Affairs

Canada

ANNEX B – BRIEFS

• Coalition Canada Basic Income – revenue de base

NOT ENOUGH: ALL WORDS AND NO ACTION ON MMIWG