Law Times

Law Times • OcTOber 4, 2010 NEWS PAGE 5 Advocates call for national action on missing women BY TIM NAUMETZ For Law Times OTTAWA — Th e federal govern- ment should regard some of the hundreds of documented cases of missing and murdered aboriginal women as a human smuggling is- sue and develop a national strat- egy to solve the crimes, says the senior lawyer for the Canadian Civil Liberties Association. But critics also say provincial governments, including Ontar- io's, are also responsible through their jurisdiction over police services, criminal investigations, and prosecutions. Federal Justice Minister Rob Nicholson brought the tragic and mysterious issue to the fore- ground recently when his offi ce disclosed that he plans "addi- tional action" on the hundreds of cases brought to light by the Sisters in Spirit campaign of the Native Women's Association of Canada. In British Columbia, meanwhile, the government has called an inquiry into po- lice actions on the issue during the fi ve years preceding serial killer Robert Pickton's arrest in a number of cases. Th e organization published a report earlier this year on 582 instances of murdered and miss- ing aboriginal women compiled from a database that reaches back to the fi rst recorded case it could track through police and government records: an ab- original woman killed in 1940. Most of the cases, however, go back only to the 1970s. Homicides account for 393 of the 582 cases in the national da- tabase. Authorities have cleared just 53 per cent of them by lay- ing charges. After accounting for the off ender's suicide or a small number of cases in which police logged the death as suspicious but there was no defi nitive rul- ing of murder, 39.4 per cent of the homicides remain unsolved. Of the remaining 189 aborigi- nal women who disappeared, 115 remain missing today, Sisters in Spirit director Kate Rexe tells Law Times. Of those women, 47 disap- peared during the past 10 years. Although the limited public attention to the tragedy has cen- tred largely on Western Canada, 70 of the women were either murdered or went missing in Ontario, according to the Native Women's Association report. Nathalie Des Rosiers, general counsel for the CCLA, says the absence of leadership and targeted action by Nicholson is puzzling considering how much attention and commentary the Conserva- tive government gives to the rights of crime victims at large. "It's a victims-of-crime issue, which does require federal leadership in a way," Des Rosiers says. "Th ey've been 'One of the ways to look at this is the way we worry as a soci- ety about human smuggling,' says Nathalie Des Rosiers. active on improving [legislation for] victims of crime, and this is a clear issue where victims of crime are not there to complain. Th ey've disappeared." Des Rosiers believes the is- sue also relates to a key concern on the public agenda right now. "One of the ways to look at this is the way we worry as a society about human smuggling," she says. "Maybe we should look inside and not on the outside. I think some of the aboriginal women that are being exploited here are, in a sense, traffi cked." Th e diffi cult job of tracking the aboriginal cases began in 2004 with a review of more than 740 known instances of missing and murdered women in Can- ada. Of those, 582 met the cri- teria for inclusion in the Sisters in Spirit database: the women or girls were aboriginal; they lived as women, including transgen- der and transsexual people; they were missing or died as a result of homicide, negligence or sus- picious circumstances; and they were born in or connected to a community in Canada. "Especially from the year 2000 to the year 2004, there were a lot of communities talking about [how] there's something happen- ing to our women," Rexe says. "Th ey seem to be going missing. We don't know where they've gone. Th ere are a lot of murders that are turning up." Th e study found that aborigi- nal women are seven times more likely to be murdered than non- aboriginal women. Nevertheless, Rexe says successive federal and provincial governments have failed to address the socio-eco- nomic, educational, and even racist conditions that determine the nature of aboriginals' experi- ences with the justice system. A spokeswoman for Nich- olson declined to reveal what measures Nicholson plans. "Th e government is committed to en- suring that all women in Cana- da, including aboriginal women, are safe and secure regardless of the community in which they live," Nicholson's press secretary See you Oct. 18 Law Times will not publish in print next week. We will return on Oct. 18, 2010. Meanwhile, enjoy fresh content on our web site at: www.lawtimesnews.com www.lawtimesnews.com CLL ad - 1/4 _ 3X.indd 1 For a 30-day, no risk evaluation call 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping and handling. Inside you will find: • an up-to-date alphabetical listing of more than 57,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; • contact information for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; • legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law-related offices of importance. More than a phone book Hardbound • Published February each year • On subscription $141 • P/C 0600140999 One-time purchase $157 • P/C 0600010999 • ISSN 0084-8573 CD-ROM • On subscription $214 • P/C 0600260999 One-time purchase $229 • P/C 0600210000 Pamela Stephens tells Law Times. "Th is is a pressing con- cern that cuts across many dif- ferent sectors, including the justice system, public safety, and policing, [as well as] gender issues and women's rights." In the meantime, a spokesman for Ontario's Ministry of the At- torney General says the province has pressed Ottawa for action at the federal level. "Th e Ontario minister for aboriginal aff airs and the minister responsible for women's issues have called on the federal government to implement a national response to the con- cerns being raised," says Bren- dan Crawley. "We have not been provided with information from the federal government on anything they may have planned with respect to murdered and missing women." LT 2011 British Columbia Legal Telephone Directory The most comprehensive and affordable directory you can get Order your British Columbia Legal Telephone Directory today! 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