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January 27, 2012

RCMP Apologizes for Botched Pickton Investigation; Force Saw Inquiry Coming Back in 2000

A dozen years after the fact, a member of the Royal Canadian Mounted Police (RCMP) has apologized for the federal police’s role in botching the investigation against serial killer Robert Pickton back in the early 2000s.

One of Canada’s top mounties apologized on January 27 for the force’s failure to catch Pickton sooner. Many of Pickton’s victims were aboriginal women.

“On behalf of the RCMP, I’m sorry we didn’t do more,” RCMP Assistant Commissioner Craig Callens told the Missing Women Commission of Inquiry in Vancouver. He made the announcement at a press conference, saying that the idea of an apology was brought to his attention during the RCMP’s testimony at the inquiry.

Pickton was sentenced to life in prison in 2007 for killing six women at his pig farm in Port Coquitlam. He once confided to an undercover police officer that he killed 49. He was facing another trial for the murder of 20 more women, but prosecutors didn’t proceed after Pickton lost all six appeals.

Callens said he has not approached the families of Pickton’s victims to apologize in person and hasn’t scheduled any meetings.

The Vancouver Police Department issued its own apology last year. But this is the first time the RCMP has apologized for the role its shortcomings played in the investigation.

Police found the remains or DNA of 33 women on Pickton’s farm.

In 2004, police visited Cheam tribal member Ernie Crey and told him his sister Dawn’s DNA had been discovered on a garment discovered inside Pickton’s trailer. Her remains were never found. On January 27 Crey said he felt cautious optimism at the RCMP’s apology.

“But I have to wonder if there were any family members present when they did it,” he said, adding that the police should take it a step further and apologize directly to the families. “I don’t think there’s a reason for them to be fearful of that, and it’s something I would strongly encourage them to do.”

With the inquiry in full swing, Crey said he had already started thinking about what lies beyond it—knowing that the families, the police and the justice department must craft new relationships to replace the ones now fraught with anger and suspicion.

Aside from Pickton’s misdeeds are the legions of aboriginal women—more than 700, according to some reports—who have gone missing over the past 20 or so years, their disappearances or murders unsolved. There has been much public outcry over the lack of resolution to the cases, with the United Nations getting involved as well.

The inquiry was commissioned in 2010 and is headed by former B.C. judge Wally Oppal. Its mandate is to examine why Pickton wasn’t arrested before 2002. One of the goals is to identify the underlying attitudes that hampered not only this investigation but also others, in hopes of rectifying the attitudes and redirecting police efforts.

As the investigation into serial killer Robert Pickton’s activities unfolded ever so slowly back in 2000, police almost had a bead on him—so much so that at least one of them foresaw a potential inquiry down the road.

“Also discussed Pickton again–>if he turns out to be responsible–>inquiry!–>Deal with that if the time comes!” Royal Canadian Mounted Police (RCMP) staff sergeant Brad Zalys jotted in his notebook after a conversation with RCMP Inspector Earl Moulton, one of his superiors.

It was April 25, 2000, the National Post reported on January 21, 2012, and Pickton was a prime suspect. With dozens of women missing, 23 more slated to disappear, the police now admit they were dropping the ball.

“I know I don’t want to stay perpetually angry with the RCMP,” Crey said after the apology. “I’m disappointed with how they handled the investigation, but there has to be a new relationship.”

Police officers who testified at the inquiry said that they are already taking steps in that direction, Crey said. “But I’d like to hear about that from them and not just from their testimony on the stand.”

Read more @ Indian Country Today Media Network.comRCMP Apologizes for Mishandling Pickton Investigation - ICTMN.com.

January 9, 2012

Rape Data for Indian Country Has Failed to Capture Complete Picture

WASHINGTON—National crime statistics already indicate that 1 in 3 American Indian women will be raped in their lifetimes, but new clarification from the Obama administration on the definition of rapes that affect women, men, and children indicate that the daunting numbers may only be telling a sliver of the story.

President Barack Obama cited the statistic at the November 2009 White House Tribal Nationals Conference, stating, “When one in three Native American women will be raped in their lifetimes, that is  an assault on our national conscience; it is an affront to our shared humanity; it is something that we cannot allow to continue.”

The data, gathered by the U.S. Department of Justice, indicates that Native American women suffer from violent crime at a rate three and a half times greater than the national average.

Turns out, because these national numbers have been widely based on an old definition of rape—one that only involves physical forcible male penile penetration of a woman’s vagina—the number of rapes involving Indians may actually be much higher.

That revelation was made clear January 6 when the Obama administration announced that the federal government would also begin counting rapes toward women that were done by an object or mouth on the vagina or anus without consent, and it would begin counting rapes of children and men as well. The new data will be collected for the Uniform Crime Reports (UCR), published by the Federal Bureau of Investigation (FBI). The new definition is more consistent with state laws and local crime reports, administration officials said.

Obama administration officials said the new measuring methods may lead to an increase in the number of counted rapes nationwide, including those in Indian country.

“This major policy change will lead to more accurate reporting and far more comprehensive understanding of this devastating crime,” said Valerie Jarrett, a senior advisor to Obama, in a press conference call. She called the old data “incomplete,” and said that “it has not captured the true impact of this crime.”

Jarrett shared that the Centers for Disease Control and Prevention, under the old definition, currently reports that 1 in 5 women will be raped in their lifetimes, and 1 in 71 men. An estimated 84,767 rapes were reported in 2010 under the old definition.

Jarrett said that gathering more complete data will help the country to better deal with the problem.

“How we talk about rape and how we count it, makes a difference in how we view it,” added Lynn Rosenthal, the first ever White House Advisor on Violence Against Women. “If we don’t know the extent of a problem, it’s difficult to find solutions to that problem.”

Obama administration officials would not estimate how many more rapes are expected to be counted as a result of the change, but all were in agreement that the numbers would increase.

Meanwhile, even as the number of measured rapes in Indian country is expected to rise, Congress recently cut millions of dollars to programs that would aid Indian rape survivors.

Katy Jackman, a staff attorney with the National Congress of American Indians, noted that when Congress cut funding under the Tribal Law and Order Act (TLOA) by $90 million in November, it delivered a “serious tangential impact” to rape victims by limiting the attorney general’s ability to prosecute rape in Indian country and by cutting funds to the tribal justice system, which will limits tribes’ abilities to prosecute offenders.

Jackman also noted that despite the cuts, victim services offered to Indian rape survivors under the Violence Against Women Act have stayed intact, but Congress has not reauthorized that law since 2005. Advocates will be making a major push in 2012 for this to happen.

“The only thing that will prevent violence against Indian women is local control of law enforcement and prosecution,” added  Ryan Dreveskracht, a lawyer with the Indian-focused law firm Galanda Broadman. “Only local tribal officers and justice systems are capable of understanding and being accountable to victims of violence and their communities. The TLOA recognizes this by helping to provide local control of law enforcement, particularly as it relates to violence against women.

“Unfortunately, the current TLOA underfunding primarily affects these programs that are local in nature—programs that support the strengthening of local tribal justice programs and courts—while those programs that prop-up the federal control of reservation crime control and perpetuate the status quo have remained largely intact.”

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November 23, 2011

Infighting and Porn Replaced Police Work: Reports

From infighting to porn-ogling, police conduct is coming under fire from within its own ranks before the British Columbia Missing Women of Inquiry, the panel investigating why serial killer Robert Pickton was able to murder women for years without detection.

The commission is deep into the evidence-gathering phase of its investigation, and even though many groups representing victims chose not to participate due to lack of funding, there is no shortage of testimony condemning the behavior of both Vancouver police and the Royal Canadian Mounted Police (RCMP).

Perhaps most damning is what RCMP Corporal Catherine Galliford told The Province in an interview. She will be testifying in January on behalf of the victims, not her employers, she told The Province. She has been on leave for four years.

Reiterating what she said in a 115-page statement to the RCMP, Galliford told the newspaper that a search warrant could have been issued based on evidence the police had in 1999, yet Pickton kept butchering women on his pig farm, unimpeded, until his arrest in 2002. During that time, Pickton murdered 14 women. Further, Vancouver police Deputy Chief Doug LePard testified that Pickton knew he was under surveillance for two years before his arrest, Postmedia News reported.

Pickton was convicted of six murders, though he was charged with killing 20 more women but never tried. DNA has linked him to the murders of 33, and he may have killed 16 others as well, Postmedia News said.

Galliford also alleges that the RCMP and Vancouver police “engaged in sexual liaisons and harassment, watched porn and left work early ‘to go drinking and partying,’ ” she told The Province. They made constant jokes about sex toys and told her that “their fantasy” was “to see Willie Pickton escape from prison, track me down and strip me naked, string me up on a meat hook and gut me like a pig,” she said.

Meanwhile, a report made public on Monday November 21 called the lag on Pickton’s case “a tragedy like no other in Canadian history,” The Province reported. Peel Regional police Deputy Chief Jennifer Evans submitted what the newspaper called a “massive report” on the police that showed what she called “delayed reporting, a lack of traditional physical evidence and a misunderstanding of the lifestyle of the victims.”

The Pickton inquiry, headed by Commissioner Wally Oppal, is only looking into the cases of victims of this one killer, but part of the hope is that it will unearth underlying police attitudes that may have contributed to the lack of resolution of hundreds of other cases of missing women. Hearings began in October and will go into hiatus on December 1, resuming in January 2012.

ICTMN’s Valerie Taliman has written extensively about the more than 700 women who remain missing, or whose murders are unsolved.

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October 12, 2011

Assembly of First Nations Pulls Out of Missing Women Inquiry

The Assembly of First Nations has officially pulled out of the British Columbia Missing Women of Inquiry Commission’s hearing procedures due to concerns over funding inequities between legal representation for advocacy groups and that of the Royal Canadian Mounted Police (RCMP) and other parties involved. The announcement came on the first day of the hearings, October 11.

“The Assembly of First Nations is no longer confident the Inquiry will bring justice for the families of missing and murdered women in Canada,” said AFN National Chief Shawn Atleo in a statement on Tuesday.

“The principle objectives behind AFN’s participation from the beginning have been to support the families, to bring to light systemic issues that gave rise to these tragedies and finally to identify efforts toward resolution of those issues,” Atleo said. “We hoped the inquiry would shed light to uncover truths that could help with the healing process for the families as well as to begin to point the way forward so that all women and the most vulnerable have access to justice. Without equity and balance, systemic issues will not be brought forward and will therefore not be reflected in the recommendations of the inquiry.”

The inquiry has been fraught with credibility issues since the beginning, as the British Columbia government refused to fund women’s and aboriginal groups that had been granted standing before the commission. Delivering testimony requires legal assistance, which the groups could not afford. Several dropped out in the weeks after that decision, saying they could not afford to participate. Even after the commission hired two attorneys and got two others to work pro bono, the groups said it was not sufficient.

Earlier this month both the British Columbia Civil Liberties Association and Amnesty International withdrew, a few days after two major women’s groups did so: the Women’s Memorial March Committee (WMMC) and the Downtown Eastside Women’s Centre (DEWC).

The inquiry is supposed to determine why and how serial killer Robert Pickton was left unfettered for years to murder women from Vancouver’s Downtown Eastside. He was convicted in 2007 on six counts of second-degree murder, although remains of 33 women were found on his pig farm.

The hope is that analyzing the events between January 1997 and Pickton’s 2002 arrest will uncover the attitudes and policies that prevented police from launching an investigation during Pickton’s killing spree and thus shed light on the unsolved cases of the more than 700 aboriginal women still missing or murdered.

As the hearings began on October 11, the groups that would have represented those women and their families were outside protesting, the National Post reported, enough of them to completely block an intersection.

According to the Vancouver Sun, the British Columbia government has funded no fewer than 14 lawyers for the police, but just one, Cameron Ward, to represent the 17 families who lost family members to Pickton’s deeds.

“This inquiry has unravelled to the point it is nothing more than a whitewash,” said Stewart Phillip, Grand Chief of the British Columbia Union of Indian Chiefs (BCUIC), according to the Vancouver Sun.

Oppal has repeatedly asked the provincial government to reconsider, most recently in an eight-page letter, the Vancouver Sun reported, but the province insists that budget constraints prevent the funding. He originally recommended funding for 13 groups.

The shut-out groups on September 27 appealed to the United Nations, requesting anti-discrimination assistance, asking that the United Nations Special Rapporteurs on Violence Against Women, the Rights of Indigenous Peoples and the Independence of Judges and Lawyers make an urgent joint appeal to Canada for last-minute funds.

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October 9, 2011

Mass Boycott of Missing Women Commission by Advocacy Groups

The British Columbia Civil Liberties Association and Amnesty International have officially opted out of participation in hearings before the provincial Missing Women Commission of Inquiry, scheduled to begin on October 11.

A few days earlier, two major women’s groups from Vancouver’s Downtown Eastside—the Women’s Memorial March Committee (WMMC) and the Downtown Eastside Women’s Centre (DEWC)—withdrew as well, calling it a “sham inquiry” in a statement.

To date 20 of the 21 groups granted standing before the commission have pulled out, according to Postmedia News. Several groups initially left due to lack of funding when the provincial government refused to allocate about $1.5 million to help them defray the legal expenses associated with presenting evidence and testimony to the commission. Soon after, the commission hired two lawyers and got two more to work pro bono to represent the groups.

“Unfortunately, this does not correct the damage, but instead adds another layer to the discrimination,” said Jeannette Corbiere Lavell, president of the Native Women’s Association of Canada, in a statement. “Aboriginal women are now in the position of having their interests ostensibly represented by counsel who owe them no responsibility, over whom they have no control, and whom they do not instruct. The police, the RCMP, and the Criminal Justice Branch of the Attorney General’s Ministry are not represented by “independent” counsel, but rather by counsel whom they have chosen and can instruct. NWAC has been treated as though it, and the women it represents, are children, neither fully able to have a voice of their own nor meriting an equal voice with the government actors whose conduct is under examination.”

The process and the commission have been under fire since the beginning, fraught with credibility issues. The British Columbia government’s refusal to fund the groups that were granted standing, even when head commissioner Wally Oppal recommended the assistance, has gutted the proceedings, the groups feel.

“We could not allow our presence to be seen as supporting a process that has gone so far off-track,” said Amnesty International Canada secretary general Alex Neve, Postmedia News reported. “It’s not [about having] a level playing field—we’re not even on the same field.”

Grand Chief Stewart Phillip of the Union of British Columbia Indian Chiefs told Postmedia News that he was “bitterly, bitterly disappointed in this government and [Premier] Christy Clark’s failure to intervene to save this inquiry’s credibility.”

He added, “After 20 years of candlelight vigils, demands for an inquiry into why hundreds of aboriginal women were going missing, after crying endless tears, First Nations and women’s groups get nothing.”

The hearings are looking into the police’s failure to apprehend serial killer Robert Pickton as he trolled Vancouver’s Downtown East Side for years, murdering mostly aboriginal women. More than 600 aboriginal women have gone missing or been murdered, according to official statistics, though the number has been pegged at 700 or more by groups representing victims and their families. May of the disappearances and killings, which have occurred over several years, go unsolved, or worse, un-investigated.

Besides boycotting, the groups have also appealed to the United Nations for assistance in combatting what they call discriminatory practices. The NWAC on September 27 asked that the United Nations Special Rapporteurs on Violence Against Women, the Rights of Indigenous Peoples and the Independence of Judges and Lawyers make an urgent joint appeal to Canada for last minute funds, The Tyee reported.

Officials from the government of British Columbia Premier Christy Clark have said the refusal is purely budgetary.

Read more @ Indian Country Today Media Network.comOctober 10 is Native American Day in South Dakota - ICTMN.com.

September 9, 2011

Walk4justice 2011 the start B.C.-Alberta

Click here to view the embedded video.

This year’s Walk4Justice started on June 21, in Vancouver and will end in Ottawa on September 19. Marchers tread across the country annually to commemorate hundreds of missing and murdered women, many of them aboriginal.

Read Talliman’s coverage of the issue here.

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August 30, 2011

Missing Women Commission Announces Community Forums in Northern B.C.

The Missing Women Commission of Inquiry has released details of the seven community forums to be hosted in northern British Columbia during the week of September 12, with more possibly being held the following week as well.

Members of the communities and interested organizations are invited to participate. The goal, the commission said in a media release, is to provide the commission with perspectives from specific communities involved, since each one’s situation differs.

“The Commission believes it is important to hear directly from family members who have been most affected by the tragedy of murdered and missing women,” the panel stated.

Forums will be held in Prince Rupert, Terrace-Kitsumkalum, Gitanyow, Moricetown, Terrace-Nisga, Smithers and Hazelton.

These forums form the study portion of the commission’s charge. The hearings, the other part of the mandate, begin in Vancouver on October 11.

The British Columbia government has come under fire for refusing to provide funding for the legal costs of appearing before the commission during the hearings. Several aboriginal groups dropped out of the hearings process, saying they could not afford to participate. The commission recently found money in its own budget to hire two attorneys, and two more are working pro bono. The groups are reconsidering their withdrawal.

The commission was formed to investigate why serial killer Robert Pickton took several years to apprehend. He murdered dozens of women, many of them aboriginal, from Vancouver’s Downtown East Side. Hundreds of murders and disappearances of aboriginal women across Canada remain unsolved. More information, along with locations and schedules of the community forums, can be found at the Missing Women Commission of Inquiry’s website.

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August 12, 2011

B.C. Missing Women Commission Appoints Four Lawyers to Enable Participation in Hearings

The Missing Women Commission of Inquiry has found money in its own budget to pay two of four attorneys to represent the interests of Vancouver’s Downtown East Side community and aboriginal women at hearings scheduled to begin on October 11. Two others will work pro bono.

To do so it “reallocated resources and benefitted from cost savings in its investigations, which did not take as much time as previously anticipated,” the commission said in its August 10 statement announcing the appointment of attorneys Jason Gratl and Robyn Gervais.

Gratl is a former president of the British Columbia Civil Liberties Association Gervais previously represented the Carrier Sekani Tribal Council at the Commission. They are joined by Bryan Baynham and Darrell Roberts, who will work pro bono as Gervais’s support staff, the commission said.

The appointments come in the wake of turmoil in which six groups of 13 granted standing before the commission withdrew because the British Columbia government refused to help defray the legal expense of participating in the hearings.

Rather than representing specific clients, the four attorneys will work independently of the commission, the statement said, taking guidance from unfunded participant groups and the organizations and individuals affected.

The hope is that the four lawyers’ input “will contribute significantly to the commission’s ability to conduct a relevant inquiry leading to findings and recommendations that will make a real difference to the people of British Columbia and Canada,” commission spokesperson Chris Freimond said in the statement. “The commission has worked hard to prepare for the hearings and believes that when they begin on October 11, it will become clear that the resources and structure are in place to deal thoroughly with the important issues in a way that satisfies British Columbians.”

All four will be able to examine evidence in an adversarial role at the hearings if necessary, Freimond said.

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August 10, 2011

Two More Groups Drop Out of B.C. Missing Women Commission over Funding Lack

The list of aboriginal groups dropping out of the British Columbia Missing Women Inquiry Commission is growing, as two more groups of the 13 originally granted standing announced on August 9 that they also will not participate in October hearings.

The Ending Violence Association of British Columbia (EVA BC) and West Coast Legal Education and Action Fund (LEAF) withdrew from the Missing Women Inquiry because of the provincial government’s refusal to help community groups defray legal expenses associated with participating. The government has agreed to fund an attorney to represent victims’ families before the commission, but declined to do so for the groups representing aboriginal communities and the areas that were affected by serial killer Robert Pickton’s years-long rampage through Vancouver’s Downtown Eastside.

Wally Oppal, the inquiry commissioner, granted standing to 13 community groups back in May, recommending that they receive funding because their participation was integral to the commission’s work. The province declined to fund them.

“The failure to fund counsel for aboriginal, sex worker and front line women’s organizations essentially shuts these groups out of the inquiry,” said EVA BC Executive Director Tracy Porteous in a statement. “We will not participate in an inquiry that will not listen to the voices of those who were closest to the missing and murdered women and their communities.”

West Coast LEAF spokesperson Kasari Govender said that the refusal flies in the face of Premier Christy Clark’s previous statements about British Columbia’s commitment to the safety of aboriginal women.

“The government’s decision on funding indicates that they don’t take seriously the safety of aboriginal women, sex workers and women living in poverty,” Govender said. “The failure to provide adequate resources at this early stage does not bode well for the government’s commitment to implementing the commissioner’s final recommendations.”

The commission is examining the reasons behind the failure of Vancouver police and the Royal Canadian Mounted Police to apprehend Pickton, who was convicted of killing six women but who told undercover police he’d killed 49. DNA or remains from 33 women were found on his farm. More information is in Valerie Taliman’s series on missing and murdered women written exclusively for Indian Country Today Media Network.

Read more @ Indian Country Today Media Network.comTwo More Groups Drop Out of British Columbia's Missing Women Commission of Inquiry over Lack of Funding - Indian Country Today Media Network.com.

August 8, 2011

Aboriginal Groups Quit B.C. Commission on Missing Women

The British Columbia Missing Women Commission of Inquiry is about to take to the road with a series of forums in nine communities in northern B.C. between September 12 and 22, pressing on even as at least four aboriginal groups have opted out of participating in October hearings because they cannot afford to.

The groups—the Union of British Columbia Indian Chiefs, the Carrier Sekani Tribal Council, the Native Courtworker and Counselling Association of B.C., and the WISH Drop-In Centre Society, which provides outreach to sex workers in Vancouver’s Downtown Eastside—have all said they can’t afford to participate in the proceedings without financial assistance, which the provincial government has deemed to be too steep at about $1.5 million. The Native Women’s Association of Canada (NWAC) has also protested, calling for a national commission on missing and aboriginal women and girls as a way to keep the proceedings above board.

“The Government of British Columbia has shut us out of the British Columbia Missing Women Commission of Inquiry,” NWAC President Corbiere Lavell said, “and now we have no confidence that it will be able to produce a fair and balanced report. The decision of the B.C. government to restrict funding for counsel primarily to police and government agencies demonstrates how flawed and one-sided this process has become.”

Even the British Columbia Civil Liberties Association has weighed in.

“Frankly it’s a very small amount of money,” B.C. Civil Liberties Association Executive Director David Eby told CBC News on July 29. “We’re talking about $100 million to bring Pickton to trial and to deal with this, about two percent of that is what we’re talking about in terms of dealing with systemic issues—about $1.5 to $2 million to provide funding for groups that need to be represented in this inquiry.”

For its part, the government said the groups fall outside the purview of the commission, according to a letter sent by Deputy Attorney General David Loukidelis to commission head Wally Oppal.

“The Attorney-General does not believe that public funding of multiple teams of lawyers for inquiry participants other than the families of missing and murdered women is a higher priority than such other matters,” wrote Loukidelis to Oppal, according to media reports.

The hearings will examine why confessed serial killer Robert Pickton was never noticed by Vancouver police and the Royal Canadian Mounted Police (RCMP) as he killed up to 49 women, most of them sex workers and an inordinate number of them aboriginal, over several years in Vancouver’s Downtown Eastside. Arrested in 2002, he confessed to killing the 49, but the DNA of 33 was found on his farm, and he was only convicted of six counts of second-degree murder.

But the inquiry will also delve into the underlying problem of missing and murdered women province-wide, especially along the so-called Highway of Tears in the north. Hearings begin on October 11 in Vancouver.

“The whole issue of integrity of the process itself is becoming a matter of major concern,” Grand Chief Stewart Phillip of the chiefs’ union told the Straight by phone. “Needless to say we’re extremely upset, we’re deeply angered, we’re astounded at the level of hypocrisy that shrouds this issue in terms of the provincial government paying lip service to the need to address the issue of missing and murdered women.”

More information is in Valerie Taliman’s series on missing and murdered women written exclusively for Indian Country Today Media Network.

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