A2J and Indigenous Communities: Reclaiming Power and Place

Reclaiming Power and Place: National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report

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INTRODUCTION

DEFINING GENOCIDE

SECTION 1 - ESTABLISHING A NEW FRAMEWORK

SECTION 2 - ENCOUNTERING OPPRESSION 

SECTION 3 - HEALING FAMILIES, COMMUNITIES AND NATIONS

CALLS FOR JUSTICE

CALLS FOR JUSTICE: DISTINCTIONS-BASED CLAIMS

Annotated Bibliography

Introduction

Indigenous women, girls, and Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex and Asexual (2SLGBTQQIA) people have been socially, economically, and politically marginalized throughout history, making them frequent targets for hatred and violence (Anita Harper, “Is Canada Peaceful and Safe for Aboriginal Women?" (2006) 25:1-2 Canadian Woman Studies 36). Poverty, homelessness, racist and sexist attitudes, and the “legacy of colonialism” exacerbate the frequency and intensity of violence these groups face (Anita Harper, “Is Canada Peaceful and Safe for Aboriginal Women?" (2006) 25:1-2 Canadian Woman Studies 37).

The National Inquiry into Missing and Murdered Indigenous Women and Girls (“Final Report”) began in September 2016. The Final Report explores the constant and intentional human and Indigenous rights violations which are the root cause of the disproportional rates of violence faced by Indigenous women, girls, and 2SLGBTQQIA people in Canada (The National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place: The Executive Summary of the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (The National Inquiry into Missing and Murdered Indigenous Women and Girls, 2019) [Final Report Summary] at 5).

The Final Report consists of two volumes. These volumes include testimonies from more than 2,380 families, survivors of violence, experts, and Knowledge Keepers. The Final Report also consists of 231 Calls for Justice for all levels of governments, institutions, and service providers and their roles in combating violence against Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 6).

Download the Report of the National Inquiry into Missing and Murdered Indigenous Women here:

• Executive Summary

• Reclaiming Power and Place: Final Report Vol. 1a

• Reclaiming Power and Place: Final Report Vol. 1b

• Calls for Justice
  

Polish-Jewish legal scholar Raphael Lemkin states that genocide is not restricted to physical destruction of a nation or ethnic group. In general, genocide includes a “coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves” (Final Report Summary at 2).

According to Larry Krotz, Canadian writer and filmmaker, genocide is an extremely atrocious practice. As such, many events that have the characteristics of genocide fail to get the same recognition. The government of Canada recognizes five genocides: the Holocaust, the Holodomor genocide in 1932-33, the Armenian genocide in 1915, the Rwandan genocide of 1994, and the ethnic cleansing in Bosnia from 1992 to 1995 (Final Report Summary at 3).

The Final Report strongly suggests that we must consider genocide as it applies to Indigenous people, specifically Indigenous women, girls, and 2SLGBTQQIA people. Thousands of Indigenous women, girls, and 2SLGBTQQIA people have been lost to practices that amount to Canadian genocide. These practices include European nations’ imposition of their own laws and institutions on Indigenous people during colonization. In addition, racist colonial attitudes promote policies of assimilation that eradicate First Nations, Métis, and Inuit people and their cultures. These attitudes also contribute towards violence, racism, sexism, homophobia, and transphobia against Indigenous women, girls, and 2SLGBTQQIA people. Because of the cumulative effects of these actions, many Indigenous people have grown up normalized to violence and Canadian society is generally apathetic towards this normalization. This, the Final Report asserts, amounts to genocide.

(Final Report Summary at 4).

The Truth-Gathering Process of the National Inquiry

Starting in September 2016, the federal government and provincial/territorial governments mandated the National Inquiry to report on:

1. Systemic causes of all types of violence against Indigenous women and girls in Canada, and

2. Institutional policies and actions in response to violence experienced by Indigenous women and girls in Canada.

(Final Report Summary at 5).

Part 1 of the Truth-Gathering Process involved family members and survivors of violence to share their testimonies either through statements or artistic expressions. Parts 2 and 3 of the Truth-Gathering Process involved Institutional Hearings (hearings that focused on the causes of and responses to violence) and Knowledge Keeper Hearings (hearings from elders, experts, front-line workers, and specialists who provided recommendations on causes of and solutions to violence).

In Part 4, final submissions and recommendations were offered by 94 Parties with Standing (parties with a direct interest in the issue of violence against Indigenous women, girls, and 2SLGBTQQIA people). These recommendations are included in the Calls for Justice.

(Final Report Summary at 6).

Overview of the Final Report

The Final Report consists of three sections under Volume 1. Section 1 provides an overall framework which focuses on the “violence experienced by Inuit, Métis, and First Nations women, girls, and 2SLGBTQQIA people,… the importance of relationship to ending violence, and privileges the voices of family members and survivors, particularly Indigenous women, girls, and 2SLGBTQQIA people’s voices, to find solutions.”

Section 2 focuses on testimony from families and survivors. The purpose of collecting these testimonies is to understand individual, institutional, and systemic forms of oppression. In addition, Section 2 provides a functional analysis based on the knowledge and expertise of those who are affected by violence.

Section 3 focuses on different models of “healing, commemoration, and Indigenous-led best practices.” Section 3 also includes the Calls for Justice.

 (Final Report Summary at 7).

In order to establish a framework and understand the context behind the violence against Indigenous women, girls, and 2SLGBTQQIA people, Section 1 focuses on the role of relationships, human and indigenous rights, and the history of colonization (Final Report Summary at 9).

Chapter 1: Centring relationships to end violence

Those who shared their truths for the Final Report emphasize the importance of relationships in Indigenous communities. According to First Nations, Métis, and Inuit cultures, individuals are defined by their relationships with others. “Understanding what happens in relationships is the starting point to both understanding and ending violence against Indigenous women, girls, and 2SLGBTQQIA people” (Final Report Summary at 10).

Indigenous women, girls, and 2SLGBTQQIA people are often met with contempt and racism during initial encounters of new relationships. It is at this stage that Indigenous women, girls, and 2SLGBTQQIA people are confronted with violence. In addition, violence that Indigenous women, girls, and 2SLGBTQQIA people experience at this stage is primarily due to colonialism, racism, and gender differences (Final Report Summary at 10).

There are noteworthy violations of Indigenous and human rights in four areas: the right to culture, the right to health, the right to security, and the right to justice. All four rights are connected to the right of self-determination such that Indigenous women, girls, and 2SLGBTQQIA people should have the right to implement solutions that work for them based on their experiences. Self-determination also includes reframing relationships to ensure that all Indigenous people can access and enforce their rights (Final Report Summary at 11).

Finding and implementing self-determined solutions for the crisis of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people requires recognizing rights that exist in all relationships. This recognition provides a new perspective on how systems, structures, policies, and people target Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 12).

Chapter 2: Indigenous Recognition of Power and Place

Indigenous laws outline the roles and responsibilities of Indigenous women, girls, and 2SLGBTQQIA people. “Relationships are the foundation of Indigenous laws” because the laws provide a framework about individual and collective rights and responsibilities. Indigenous laws must also be considered inherent rights such that they cannot lawfully be taken away by any level of government.

(Final Report Summary at 13).

Understanding Indigenous laws is important towards creating healing encounters for those affected by violence. Understanding Indigenous laws also helps with the realization that there is no one universal solution that promotes safety and justice (Final Report Summary at 13).

Rights, through Indigenous laws, are manifested for Indigenous women, girls, and 2SLGBTQQIA people through the following roles: teachers, leaders, healers, providers, and protectors (Final Report Summary at 14).

Chapter 3: Emphasizing Accountability Through Human Rights Tools

Canada has adopted international human rights principles – which can provide solutions for Indigenous women, girls, and 2SLGBTQQIA people – into domestic law through the following:

1. The Canadian Human Rights Act (1977),

2. The Canadian Constitution Act (1982), and

3. The Canadian Charter of Rights and Freedoms (1982).

(Final Report Summary at 15).

In addition, the following human rights tools can provide solutions for Indigenous women, girls, and 2SLGBTQQIA people:

1. The International Convention on the Prevention and Punishment of the Crime of Genocide (PPCG);

2. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);

3. The International Covenant on Civil and Political Rights (ICCPR);

4. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);

5. The International Convention on Economic, Social, and Cultural Rights (ICESCR);

6. The Convention on the Rights of the Child (UNCRC); and

7. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

These legal instruments can help Indigenous people hold governments accountable by outlining their obligations to protect the rights to culture, health, safety, and justice for Indigenous women, girls, and 2SLGBTQQIA people.

In addition, Indigenous rights and human rights are connected such that these rights complement each other and are equally applicable to those who face injustice. At the same time, Indigenous rights and human rights are distinct since they are not identical and we must not harm Indigenous women, girls, and 2SLGBTQQIA people by violating some of their rights in an attempt to uphold others.

(Final Report Summary at 16).

Chapter 4: Colonization as Gendered Oppression

Colonization is the process by which Indigenous people had their land and resources taken away, along with being subjected to external control, assimilation, and extermination. Colonization includes several past and present events, such as the Sixties Scoop, residential school systems, and discriminatory child welfare policies (Final Report Summary at 17).  

Throughout history, colonization has adverse effects on Indigenous women, girls, and 2SLGBTQQIA people and their rights to culture, health, security and justice. For instance, First Nations women experienced discriminatory practices under the Indian Act where their Indian status was tied to their husbands. In addition, policing policies exerted control over First Nations women by promoting stereotypes of these women as being prostitutes and menaces to society. The promotion of these stereotypes allowed for police misconduct, including rape and murder, to be unnoticed and unpunished (Final Report Summary at 17). Further, the residential school systems exacerbated oppression and discrimination by enforcing Christian ideals which devalued women and promoted homophobia and transphobia. Lastly, First Nations women were endangered by forced sterilization, poverty, marginalization, and discriminatory child welfare policies (Final Report Summary at 18).

Métis women experienced the same type of oppression with a few important distinctions. For instance, Métis girls had different experiences with the residential school systems such that some girls were denied of schooling entirely. Further, Métis people have been referred to as “forgotten people” since they were excluded from programs and services that were offered to First Nations people (Final Report Summary at 18).

Viewing colonization through a gendered lens demonstrates that oppressive policies and practices against Indigenous women, girls, and 2SLGBTQQIA people have been put in place long ago. The effects of these long-standing policies and practices have contributed to the violent crisis of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people today (Final Report Summary at 19).  

Colonial violence has persisted through the following four ways:

1. Historical, multigenerational and intergenerational trauma: Many Indigenous people hold collective emotional, spiritual, and psychological trauma from past events (i.e., surviving residential schools) and current events (i.e., violent loss of a loved one). This type of trauma can move across generations and be passed down to future generations (Final Report Summary at 21).

2. Social and economic marginalization: social and economic marginalization ensures that oppressive structures of the past persist today. Socioeconomic marginalization contributes to some of the highest rates of poverty, homelessness, food insecurity, unemployment, and barriers to education for Indigenous women, girls, and 2SLGBTQQIA people. This marginalization also contributes to violence that Indigenous women, girls, and 2SLGBTQQIA people face today. These unfortunate conditions stem from colonial governments, systems, and policies (Final Report Summary at 21-22).

3. Institutions’ and governments’ desire to “maintain the status quo and their lack of will to make real change”: governments, institutions, and other parties (i.e., the justice system, the health care system) maintain an institutional culture where there is a “blatant lack of moral or political will” to protect Indigenous women, girls, and 2SLGBTQQIA people against violence. In many situations, the institutional culture is one that makes Indigenous women, girls, and 2SLGBTQQIA people feel as though they are responsible for the violence they experience (Final Report Summary at 22).

4. There have been many encounters with governments and institutions that “ignore the agency and expertise held by Indigenous women, girls, and 2SLGBTQQIA people”: In many cases, Indigenous women, girls, and 2SLGBTQQIA people have meaningful solutions to end violence that is perpetuated against them. However, the internalization of patriarchy and misogyny within governments and institutions deny women to bring these solutions forward, further contributing to the violence against Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 22).

Chapters 5-8 discusses these four pathways as they relate to the rights of culture, health, security, and justice (Final Report Summary at 22).

Chapter 5: Right to Culture

Cultural rights must be considered as human rights and are defined as the “right[s] of access to, participate in, and enjoyment of culture” (Final Report Summary at 23). In the international legal context, these rights include the ability to understand, maintain, and develop cultural heritage and expression. Within many Indigenous groups, the right to culture also includes the ability to practice and pass on traditions, languages, and relationships between themselves and the land (Final Report Summary at 23).

Colonial violence has changed Indigenous people’s relationship with their cultural rights through numerous oppressive measures (i.e., Sixties Scoop, residential schools, discriminatory legislation in the Indian Act) (Final Report Summary at 23).

1. Loss of culture is connected to intergenerational and multigenerational trauma. For instance, the impact Indigenous people faced from residential schools, Sixties Scoop, and child apprehension policies leads to disconnection from community and culture, and this phenomenon is prevalent today. Another example is the denial of status for Indigenous people, especially women, under the Indian Act which led to detachment from culture, family, and community for these women (Final Report Summary at 23).

2. The denial of cultural rights is also connected to socioeconomic marginalization. For instance, many family members testified that their struggle with poverty and addiction was worsened by lack of access to community and cultural supports (Final Report Summary at 24).

3. It is apparent that governments’ and institutions’ lack of will have deteriorated Indigenous people’s relationship with their culture. For instance, Canadian welfare systems, which favour non-Indigenous parenting models, is a blatant violation of cultural rights of Indigenous people. These parenting models denies critical exposure to culture that Indigenous children need (Final Report Summary at 25).

4. In order for Indigenous women, girls, and 2SLGBTQQIA people to reclaim their cultural rights, the solution to this issue must be self-determined (Final Report Summary at 25).

Chapter 6: Right to Health

The World Health Organization defines health as “a holistic state of well-being that includes physical, mental, and social safety and does not simply mean an absence of illness” (Final Report Summary at 27). The right to health is also connected to wellness, the right to access clean water, shelter, and food security (Final Report Summary at 27).

Violence through residential schools, family separation, dispossession of land, and discriminatory legislation of the Indian Act has a significant impact on the health of Indigenous women, girls, and 2SLGBTQQIA people. Many Indigenous women, girls, and 2SLGBTQQIA people report issues with addiction, self-harm, and suicide as an aftermath of violence (Final Report Summary at 28).

1. Violence, by undermining the right to health, is connected to intergenerational and multigenerational trauma. For instance, forced relocation and residential schools have long-lasting health implications, which have contributed to the phenomenon of Indigenous people experiencing far more mental and physical health problems than non-Indigenous people (Final Report Summary at 28).

2. Social and economic marginalization also compromises Indigenous people’s health rights by “creating conditions that facilitate violence and exacerbate trauma” (Final Report Summary at 28). For instance, poverty, unsafe housing, and lack of food security worsens the health of Indigenous women, girls, and 2SLGBTQQIA people. In turn, this increases the risk of violence and abuse these women face because they are forced to be in dangerous situations to secure their basic needs (i.e., shelter, food, clean water) (Final Report Summary at 28-9).

3. The governments’ and institutions’ lack of will to recognize the shortcomings of the health care system further undermines Indigenous people’s right to health. Indigenous health and healing models address and improve physical, mental and spiritual health. The current health care systems are described to be negligent, racist, and dismissive of Indigenous people’s concerns, especially in the case of first responders (i.e., police and emergency services) and their attitudes towards investigating missing and murdered Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 29).

Chapter 7: Right to Security

The Final Report defines security from the human security perspective so that human beings and their socioeconomic relations are the focus of the definition (Final Report Summary at 32). From a physical perspective, the right to security includes “the right to life, liberty and personal safety, including control over one’s own physical, spiritual, emotional, and mental health” (Final Report Summary at 32). From an international perspective, the right to security means that the government must act to “ensure protection and social assistance” through services in the following areas: health, housing, access to food, water, and education (Final Report Summary at 32).

Indigenous women, girls, and 2SLGBTQQIA people are constantly concerned about all aspects – physical, emotional, social, and economic – of their rights to security. Violence against these groups significantly contributes to their lack of security rights (Final Report Summary at 32).

1. Intergenerational and multigenerational trauma compromises Indigenous women, girls, and 2SLGBTQQIA people rights to security. Throughout history, violence has specifically targeted Indigenous women, girls, and 2SLGBTQQIA people and normalized the violence these groups experience. Many witnesses testified about being subject to different forms of violence (i.e., emotional, physical, and sexual violence). This type of violence becomes normalized especially because of a lack of meaningful responses from family, friends, and first responders. This normalization of violence also stems from the trauma Indigenous women, girls, and 2SLGBTQQIA people faced in residential schools and the Sixties Scoop (Final Report Summary at 33).

2. Social and economic marginalization is directly connected to violence against Indigenous women, girls, and 2SLGBTQQIA people, which further violates their rights to security. In general, Indigenous women, girls, and 2SLGBTQQIA people face higher rates of poverty, homelessness, unemployment, and a general lack of support systems. These factors increase the chances of Indigenous women, girls, and 2SLGBTQQIA people being frequent targets of violence (Final Report Summary at 33).

3. Governments’ and institutions’ lack of will to address these issues allows the violence against Indigenous women, girls, and 2SLGBTQQIA people to continue even if their rights to security are continuously compromised. Further, the rights to security for Indigenous women, girls, and 2SLGBTQQIA people are directly compromised by the lack of funding for anti-violence services, shelters, and transition houses. The lack of will to change legislation or funding policies sends the message that Indigenous women, girls, and 2SLGBTQQIA people and their rights to security is not important regardless of how vulnerable they are (Final Report Summary at 33-4).

4. The solutions to compound these problems must be self-determined. Indigenous women, girls, and 2SLGBTQQIA people have the relevant knowledge and experience to address issues and implement solutions that prioritizes their rights to security. Currently, Indigenous women, girls, and 2SLGBTQQIA people are working with their communities, grass-root organizations, policing and other professionals to implement solutions that look beyond the colonial systems. These solutions target the issues of poverty, homelessness, unemployment, and poor education. Ultimately, the most important solution is to change the relationship between Indigenous women, girls, and 2SLGBTQQIA people and governments/institutions by addressing discriminatory, racist, and misogynistic attitudes by these agencies (Final Report Summary at 34-5).

Chapter 8: Right to Justice

Right to justice refers to the notion that “people have the right to be protected from violent crime, as well as a right to justice when they are victims to these types of crimes” (Final Report Summary at 36). The right to justice also includes effective remedies which refers to solutions that people can seek when faced with a problem (Final Report Summary at 36).

When Indigenous people seek help from different institutions – specifically the criminal justice system – they are faced with a system that historically and currently ignores their concerns. These groups also face racist and sexist stereotypes which blame Indigenous women, girls, and 2SLGBTQQIA people for the violence and hardships they experience (Final Report Summary at 37).

1. The denial of the rights to justice is connected to intergenerational and multigenerational trauma for Indigenous women, girls, and 2SLGBTQQIA people. Many witnesses testified that they have experienced victim-blaming and apathy from the police and the criminal justice system when they seek help. These attitudes are representative of historical attitudes because the witnesses further testified that their parents and grandparents received similar treatment from these institutions throughout the past. These attitudes contribute to the unwillingness to help Indigenous women, girls, and 2SLGBTQQIA people when they experience violence (Final Report Summary at 37).

2. Socioeconomic marginalization jeopardizes Indigenous women, girls, and 2SLGBTQQIA people rights to justice. Many witnesses testified that they were fearful of going to the police because reaching out to the police might very well lead to being criminalized even though they are victims of violence (Final Report Summary at 38).

3. Institutions’ and governments’ lack of will to change the criminal justice system and police enforcement further compromises Indigenous women, girls, and 2SLGBTQQIA people rights to justice. These institutions’ denial and unwillingness to investigate missing and murdered Indigenous women, girls, and 2SLGBTQQIA people sends the message that the criminal justice system is apathetic to such violence. This apathy promotes stereotypes of Indigenous women, girls, and 2SLGBTQQIA people by labelling them as “drunks”, “runaways out partying”, or “prostitutes unworthy of follow-up” (Final Report Summary at 38).

Kassandra Churcher, Expert Witness: “the police and criminal justice system exist in the lives of Indigenous women, girls, and 2SLGBTQQIA people not to provide safety and protection, but rather in a way that continues to traumatize, abuse, and control them” (Final Report Summary at 38).

4. Self-determined solutions, which are relationship-focused, are useful in order to restore Indigenous women, girls, and 2SLGBTQQIA people’s rights to justice. Changes in services, supports, and policy can improve the relationship between the criminal justice system and Indigenous groups. Strengthening this relationship can strengthen enforcement and initiatives, such as search parties in the case of missing women and prioritizing cases of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 39).

Section 3 reiterates the need for “self-determined, distinctive, and needs-based solutions” for missing and murdered Indigenous women, girls, and 2SLGBTQQIA people and their families (Final Report Summary at 43). These types of solutions best address healing and violence (Final Report Summary at 43).

Cultural safety is also an important principle because culturally safe healing strengthens Indigenous people’s relationships with themselves and their communities. In addition, programs and services that focus on community and individual healing breaks the cycle of violence (Final Report Summary at 43).

Chapter 9: Wellness and Healing

Many witnesses advocate for personal, family, and community healing to be implemented into solutions that end violence (Final Report Summary at 44) The Final Report supports four foundational principles about healing and wellness: dignity, family participation, peer support, and cultural safety (which includes traditional healing methods) (Final Report Summary at 45). The Final Report also takes a holistic approach by prioritizing emotional, physical, mental, and spiritual aspects of healing and wellness (Final Report Summary at 45).

The National Inquiry’s aftercare program is individualized and needs-specific so that everyone who shared their truth receives an aftercare plan that responds to their specific wellness needs (Final Report Summary at 45). The aftercare program also promotes healing by collaborating with family members and survivors of different Indigenous groups. This type of collaboration enhances healing through understanding how to “best develop, implement and maintain a program to support wellness for those who came forward to share their truth” (Final Report Summary at 46).

Chapter 10: Commemoration and Calling Forth

Commemoration contributes to Indigenous and community healing because it honours those who have been targets of violence. Commemoration also helps with recovery and reclaiming identities, expressing truth and change for the future (Final Report Summary at 46). This approach to commemoration is better characterized as “calling forth” because it includes calling forth the legacies of those who have been lost to violence (Final Report Summary at 46).

An important aspect of commemoration is ensuring that missing and murdered Indigenous women, girls, and 2SLGBTQQIA people are not forgotten. As such, calling forth solutions through awareness and actions to protect Indigenous women, girls, and 2SLGBTQQIA people helps with healing and safety (Final Report Summary at 47).

Artistic expressions play a major role in commemoration and calling forth. Through art, family members and witnesses share their truths and create change for future generations (Final Report Summary at 47).

Chapter 11: Valuing Lived and Front-Line Experience

The end goal of healing and wellness, and commemoration and calling forth, is implementing solutions that end violence against Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 48). The Final Report identifies a few principles to achieve this goal:

1. Valuing wellness and healing holistically with emphasis on mental, emotional, spiritual, and physical needs;

2. Using interdisciplinary approaches when providing services instead of forcing programs to compete for funding or “silos”;

3. Incorporating Indigenous practices in services and emphasizing the importance of cultural safety;

4. Continuous and mandatory training for front-line workers about culturally safe ways to engage with Indigenous communities; and

5. Building long-term and trusting relationships with service providers.

(Final Report Summary at 50).

The Final Report also identifies weakness and solutions for the following four rights:

1. Right to culture: access to culture is a fundamental right which can reduce the risk of violence. Indigenous people’s relationship with land, languages, and cultural teachings are sources of strength and healing. One practice related to culture is family unity which is central to the safety and well-being of Indigenous women, girls, and 2SLGBTQQIA people. Other practices include access to culture in urban areas and 2SLGBTQQIA people, Métis, and Inuit inclusion (Final Report Summary at 50-1).

2. Right to health: physical and mental well-being is critical in order to reduce violence against Indigenous women, girls, and 2SLGBTQQIA people. Mental health and substance abuse services directly contribute towards preventing violence, supporting victims of violence, and supporting well-being of Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 51).

3. Right to security: lower rates of poverty, unemployment, and lack of secure housing can significantly decrease violence faced by Indigenous women, girls, and 2SLGBTQQIA people. In addition, gender-inclusive options for 2SLGBTQQIA people and strong community ties can enhance the right to security (Final Report Summary at 51).

4. Right to justice: redefining justice in Indigenous terms and ensuring that laws and rights are upheld can significantly improve Indigenous women, girls, and 2SLGBTQQIA people right to justice. It is through this initiative that the criminal justice system can appear to be more fair, inclusive, and representative to Indigenous people (Final Report Summary at 52).

Calls for Justice in the Final Report are legal imperatives which arise from international and domestic human and Indigenous rights laws (Final Report Summary at 53). These Calls for Justice are meant to protect Indigenous women, girls, and 2SLGBTQQIA people from violence and help them live with dignity (Final Report Summary at 53).

Calls for Justice in the Final Report first outline the principles for change, which are the foundation for meaningful and permanent change (Final Report Summary at 54). Next, the Calls for Justice address all areas of abuse and violations mentioned by family members and survivors of violence (Final Report Summary at 54).

PRINCIPLES FOR CHANGE

1. A Focus on Substantive Equality and Human and Indigenous Rights

Indigenous women, girls, and 2SLGBTQQIA people should inherently be protected by Indigenous rights, constitutional rights, and domestic and international human rights. A human rights approach is crucial towards improving Canada’s relations with Indigenous people, specifically Indigenous women, girls, and 2SLGBTQQIA people. As a result of this approach, violence against Indigenous women, girls, and 2SLGBTQQIA people would be considered a systemic violation of their human rights, which requires serious action, as opposed to “a symptom of service gaps requiring temporary solutions.” In addition, this approach would endorse Canada’s commitment to promote and uphold human rights for vulnerable groups.

(Final Report Summary at 55).

Substantive equality aims to achieve true equality in outcomes. Substantive equality “narrows the gap” of inequality by properly addressing historical disadvantages, intergenerational trauma, and discrimination faced by Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 56).

2. A Decolonizing Approach

A decolonizing approach aims to resist and undo the forces of colonialism and to re-establish Indigenous Nationhood (Final Report Summary at 56). A decolonizing approach also acknowledges and affirms the power and place of Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 56). Further, this approach affirms that Indigenous people have the right of self-government and self-determination (Final Report Summary at 57).

3. Inclusion of Families and Survivors

Family includes all forms of kinship (i.e., biological families, chosen families, and families of the heart). This inclusion is crucial to Indigenous community healing and wellness.

(Final Report Summary at 57).

4. Self-Determined and Indigenous-Led Solutions and Services

Self-determination and self-governance of Indigenous people, governments, and organizations (as defined in Articles 3 and 4 of UNDRIP) must be the driving force of services and solutions for the benefit of Indigenous women, girls, and 2SLGBTQQIA people (Final Report Summary at 57). These services and solutions must come from Indigenous communities and must be prioritized and properly resourced by all levels of governments (Final Report Summary at 57-8).

5. Recognizing Distinctions

Indigenous women, girls, and 2SLGBTQQIA people are diverse and come from different backgrounds and different needs. As such, the Calls for Justice must be mindful of these distinctions because the needs within communities or individuals are not similar. A solution that works for one distinct Indigenous group must not be considered a universal solution across all other Indigenous groups.

(Final Report Summary at 58).

6. Cultural Safety

Cultural safety requires “the inclusion of Indigenous languages, laws and protocols, governance, spirituality, and religion” in order to effectively empower Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 59).

7. Trauma-Informed Approach

Trauma-informed approach requires the incorporation of knowledge about trauma into policies, practices, solutions, and services. This approach will address the underlying causes of violence in order to enhance Indigenous women, girls, and 2SLGBTQQIA people’s way of life.

(Final Report Summary at 59).

OVERARCHING FINDINGS

Few of the notable findings of the Final Report are:

Throughout history and maintained today, the significant and consistent human and Indigenous rights violations is the cause of violence faced by Indigenous women, girls, and 2SLGBTQQIA people. This also constitutes as genocide.

(Final Report Summary at 60).

Canada has signed and ratified many international declarations and treaties that affects Indigenous women, girls, and 2SLGBTQQIA people. These include PPCG, ICESCR, ICCPR, UNCRC, CEDAW, and UNDRIP. However, Canada has not effectively implemented these declarations and treaties. Canada also has domestic legislation that effect Indigenous women, girls, and 2SLGBTQQIA people (i.e., section 35 of the Constitution Act, the Charter of Rights and Freedoms, and the federal and provincial human rights legislation). Again, Canada has failed to protect Indigenous women, girls, and 2SLGBTQQIA people and their rights through these legal instruments.

(Final Report Summary at 60).

Indigenous self-determination and self-governance are critical towards protecting Indigenous women, girls, and 2SLGBTQQIA people. However, the programs and services aimed at promoting self-determination and self-governance are underfunded and under-supported.

(Final Report Summary at 61).

CALLS FOR JUSTICE FOR ALL GOVERNMENTS

The full list of the Final Report’s Calls for Justice can be accessed here. The following are some notable Calls for Justice.

Human and Indigenous Rights and Governmental Obligations

The Final Report calls upon all levels of government, in partnership with Indigenous people, to develop and enforce a National Action Plan that addresses violence against Indigenous women, girls, and 2SLGBTQQIA people. In addition, the Final Report calls upon all levels of government to take appropriate measures to prevent, investigate, punish, and compensate for violence against Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 62-64).

Calls for Justice for All Governments: Culture

The Final Report calls upon all levels of government to protect Indigenous cultures and languages pursuant to section 35 of the Constitution Act. In addition, the Final Report calls upon all levels of government to recognize and protect Indigenous languages at the same level of protection provided for French and English. The Final Report also calls upon all levels of government to develop a permanent empowerment fund to promote cultural knowledge through Indigenous-led initiatives.

(Final Report Summary at 65-66).

Calls for Justice for All Governments: Health and Wellness

The Final Report calls upon all levels of government to provide sufficient and consistent funding for Indigenous health and wellness services. All levels of government must ensure that these services and programs are accessible to Indigenous women, girls, and 2SLGBTQQIA people. In addition, the Final Report calls upon the government to provide funding and support for services that are community-based and trauma-informed. These services must also be focused towards ending trauma, addiction, mental health, sexual exploitation, and trafficking that Indigenous women, girls, and 2SLGBTQQIA people experience. Further, the Final Report calls upon the government to fund crisis response teams to meet immediate needs of an Indigenous community in case of murder, an accident, or a violent event. Lastly, the Final Report calls upon the government to provide continuous and accessible healing programs for the children and family members of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 66-67).

Calls for Justice for All Governments: Human Security

The Final Report calls upon all levels of government to ensure that Indigenous people’s social and economic needs are met by having access to housing, clean water, and adequate food. In addition, the Final Report calls upon the government to support services that promote the safety and security of Indigenous women, girls, and 2SLGBTQQIA people in the sex industry. To promote human security, the Final Report also calls upon the government to provide education, employment and housing resources along with a guaranteed annual livable income that considers the diverse needs, realities, and geographical locations of Indigenous people.

(Final Report Summary at 67-68).

Calls for Justice for All Governments: Justice

The Final Report calls upon the federal government to review laws about sexual violence and partner violence and incorporate the perspectives of feminists and Indigenous women, girls, and 2SLGBTQQIA people. The Final Report also calls upon all levels of government to provide the same level of funding to Indigenous and non-Indigenous police services. In addition, the Final Report calls upon the provincial and territorial governments to provide adequate financial support and trauma-care to families and survivors of violence. Further, if Indigenous women, girls, and 2SLGBTQQIA people decide to report an offence, they must be guaranteed access to legal counsel at no cost before speaking to the police. Indigenous women, girls, and 2SLGBTQQIA people should also have access to legal services to defend their human rights and Indigenous rights.

The Final Report also calls upon all levels of government to expand restorative justice programs and Indigenous courts. In addition to this, Indigenous women, girls, and 2SLGBTQQIA people should be able to access and meaningfully participate in the justice system.

Indigenous perspectives, specifically of Indigenous women, girls, and 2SLGBTQQIA people, must be taken into consideration from the moment violence against Indigenous women, girls, and 2SLGBTQQIA people is reported to the police throughout the sentencing options.

(Final Report Summary at 69-72).

CALLS FOR JUSTICE: INDUSTRIES, INSTITUTIONS, SERVICES, AND PARTNERSHIPS

These calls are aimed towards the protection and safety of Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 73).

Calls for Media and Social Influencers

The Final Report calls upon all media and news outlets to use the media and educate all Canadians about Indigenous women, girls, and 2SLGBTQQIA people. Further, the media must ensure authentic and appropriate representation of Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 73-4).

Calls for Health and Wellness Service Providers

The Final Report calls upon all levels of government and health service providers to recognize that Indigenous people can effectively design and deliver health and wellness services in a manner which is consistent with their diverse cultures and practices. In addition, the Final Report calls upon the government and health services to provide resources that support Indigenous health, wellness, and healing.

(Final Report Summary at 74-75).

Calls for Police Services

The Final Report calls upon the justice system, especially the police, to acknowledge that the relationship between Indigenous women, girls, and 2SLGBTQQIA people and the justice system is based on colonial, racist, and discriminatory attitudes. Going forward, the Final Report calls upon the justice system and police services to build respectful and understanding relationships with Indigenous women, girls, and 2SLGBTQQIA people. In order to increase representation, the Final Report calls upon all levels of government to increase recruitment for Indigenous people in police services. Further, the Final Report calls upon non-Indigenous police services to allocate resources that protect and properly investigate violence against Indigenous women, girls, and 2SLGBTQQIA people.

(Final Report Summary at 76-79).

Calls for Attorneys and Law Societies

The Final Report calls upon all levels of government and bar associations to provide mandatory training about Indigenous cultures and histories for Crown attorneys, defence lawyers, and court staff.

(Final Report Summary at 79).

Calls for Educators

The Final Report calls upon all elementary, secondary, and post-secondary institutions to develop and implement an education plan about missing and murdered Indigenous women, girls, and 2SLGBTQQIA people. In order to effectively raise awareness about this issue, this plan must be made in collaboration with Indigenous peoples, especially Indigenous women, girls, and 2SLGBTQQIA people, and must include historical and current truths about genocide against Indigenous people.

(Final Report Summary at 79).

Calls for Social Workers and Those Implicated in Child Welfare

The Final Report calls upon all levels of government to recognize that Indigenous communities have inherent rights over child welfare matters. These rights include the design and delivery of programs and services for Indigenous children. In order to assert these rights, the Final Report calls upon the government to implement Indigenous perspectives – especially about family unification and reunification – to protect the rights, health, and well-being of children. In addition, the Final Report calls for mandatory training for social workers and child welfare staff in the following areas: local culture and language training, anti-racism and anti-bias training, history of the inherently oppressive child welfare system, and sexual exploitation and trafficking training.

The Final Report calls upon the government for resources and funding for the children of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people so that Indigenous communities can take care of the children that are left behind. The Final Report also calls for a specialized Child and Youth Advocate in each jurisdiction to focus on protecting Indigenous children and youth.

(Final Report Summary at 80-82).

CALLS FOR JUSTICE FOR ALL CANADIANS

The Final Report calls on all Canadians to raise awareness and speak out against violence that Indigenous women, girls, and 2SLGBTQQIA people experience. The Final Report also encourages all Canadians to read the Final Report and become an ally by breaking down barriers and building meaningful relationships with Indigenous communities. In addition, all Canadians are called upon to speak against racism, sexism, ignorance, homophobia, transphobia as it affects Indigenous women, girls, and 2SLGBTQQIA people. Further, all Canadians must promote a culture of kindness, love, and respect.

(Final Report Summary at 85).

Inuit, Métis, and First Nations have distinct cultures with diverse languages, histories and religions. In order for the Calls for Justice to be effective, the recommendations must account for the distinct needs and cultures of these communities.

(Final Report Summary at 87).

Inuit-Specific Calls for Justice

The Final Report calls upon all levels of government to recognize the different socio-economic needs of Inuit communities and to create laws that protect and promote Inuit culture and language. The Final Report further calls upon all levels of government to recognize Inuktut as the official Inuit language and extend the same level of protection to Inuktut that is provided for English and French. The Final Report also calls upon all levels of government to provide funding and resources to conserve Inuit culture, laws, history through records. These records must be accessible to all Inuit communities.

The Final Report calls upon all levels of government to fund recruitment for Inuit people in the medical, health and wellness field. In addition, the government must develop policies that focus on healing through either educational systems or the expression of art and culture.

The Final Report calls upon all levels of government to resource safe houses and shelters for Inuit women and girls escaping violence. In addition, the government must partake in programs that increase awareness and education to combat violence against Inuit women and girls.

The Final Report calls upon all levels to government to provide training in trauma care, cultural safety, and anti-racism for service providers (police services, criminal justice system, educational, health, and social services). The Final Report also calls upon all levels of government to ensure that there are accessible police services in all Inuit communities.

(Final Report Summary at 87-96).

Métis-Specific Calls for Justice

Historically and currently, Métis people and their issues have largely been ignored by all levels of government, which results in barriers to safety for Métis women, girls, and 2SLGBTQQIA people.

All levels of governments must include Métis women, girls, and 2SLGBTQQIA people’s input regarding decisions about their safety and well-being. In addition, all levels of government must prioritize the recognition of, protection of, and compliance with human and Indigenous rights as they apply to Métis women, girls, and 2SLGBTQQIA people.

Lastly, there is a need for greater awareness in the following areas: Métis self-determination and the need for culturally-specific solutions, respect for human rights, prevention in relation to violence and child welfare, and substantively equal governmental support for Métis children and families, and inclusion of all Métis perspectives in decision making, including 2SLGBTQQIA people and youth.

(Final Report Summary at 96-100).

2SLGBTQQIA-Specific Calls for Justice

The Final Report calls upon all levels of government for awareness and support for 2SLGBTQQIA issues, specifically in policing, education, justice, socio-economic priorities, health, healing, and child welfare. In addition, self-determined and cultural-based solutions for 2SLGBTQQIA people must be prioritized, along with respect for human dignity, inclusion of all perspectives in decision making, and prevention of violence within child welfare systems.

(Final Report Summary at 100-104).

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