RCMP Arrest of Inuit Domestic Abuse Victims
Date: June 23, 2020
Classification: unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: RCMP
Issue:
On February 17, 2020, the Globe and Mail published an article about an Inuit domestic abuse victim being arrested and jailed for drinking in violation of her bail conditions, after her sister phoned the RCMP to report the assault.
Proposed Response:
- The RCMP is committed to ensuring its policies and practices are inclusive and barrier-free for the diverse groups of people it serves, including applying a gender-based analysis plus lens on all policies, procedures and training.
- Contributing to the safety and wellness of Indigenous communities is a strategic priority of the Royal Canadian Mounted Police, and protecting the safety of all Canadians is of utmost importance.
- The Royal Canadian Mounted Police takes all reported allegations of criminal activity very seriously, including domestic violence.
- As part of the Government of Canada’s Strategy to Prevent and Address Gender-Based Violence, the RCMP has developed cultural awareness and trauma-informed gender-based violence training. The online training includes interactive exercises, multimedia learning tools, references and opportunities to test knowledge throughout.
- The RCMP is committed to improving the relationship with all Indigenous communities, supporting survivors of violence and families, and ensuring that investigations are robust, professional and result in justice for the victims and their families.
- It is important that any evidence of criminal activity be reported to the police of jurisdiction where offences are alleged to have taken place so that they can be properly investigated.
Background:
On February 17, 2020, the Globe and Mail published an article about an Inuit domestic abuse victim being arrested and jailed for drinking in violation of her bail conditions, after her sister phoned the RCMP to report the assault.
Justice of the Peace, Joseph Murdoch-Flowers, called for an immediate end to such arrests and charges, saying that these actions deter women from reporting violence and add a sense of distrust between the Inuit community and the RCMP. Justice Murdoch-Flowers further indicated that by charging and prosecuting cases of abuse victims, serves only to dissuade victims from ever calling the RCMP for help.
A report from the Pauktuutiit Inuit Women of Canada entitled, “Addressing Gendered Violence against Inuit Women: A review of police policies and practices in Inuit Nunangat”, provided specific recommendations to advise police on how to better respond to reports of violence against Inuit women.
The report suggested that police be positioned to work in partnership with other social service agencies to foster community safety and well-being through problem solving and conflict resolution—all the while taking the lead from Inuit, especially Inuit women who have been harmed by gendered violence.
The National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) was launched in 2016 to examine and report on systemic causes of all forms of violence against Indigenous women and girls across Canada. It was further directed to make recommendations on concrete actions to remove systemic causes of violence and improve the safety of Indigenous women and girls, as well as propose ways to honour those who have died or gone missing.
The RCMP produced 119 investigative files, and 226 policy and other documents. The RCMP provided 21 active files where there was not a risk to the integrity of the investigation or future prosecution. The RCMP have asserted public interest privilege under section 37 of the Canada Evidence Act (CEA) to withhold two ongoing investigations under section 37 of the CEA and the National Inquiry challenged the privilege claim in Federal Court. The Federal Court decision was released after the final report’s dissemination, found to be in favour of the RCMP.
The final report, Reclaiming Power and Peace, was released on June 3, 2019. It contains 231 Calls for Justice (CJs), with additional sub-recommendations, totaling 290 individual recommendations. The RCMP is implicated in approximately 90 of the CJs. The final report is highly critical of law enforcement in generally, and of the RCMP in particular. Key to the criticisms are allegations of various forms of discrimination and indifference, poor family and community communications and a lack of action on major cases involving Indigenous victims, including human trafficking. The CJs vary; some are broad and without specification, whereas others are clear and potentially actionable. Some police-related CJs require consultation with provincial/territorial policing partners.
The RCMP has reviewed the final report in its entirety and has been engaging in consultation within the RCMP and other government departments, as well as Indigenous groups and advisory councils to establish a way forward.
The RCMP acknowledges that relationship building takes time and local initiatives must be community-driven and supported.
Significant work to support Indigenous Communities, Peoples and Employees is taking place in the areas of investigative and justice initiatives, operational policies, as well as crime prevention and training, with much of this work embedded as part of the RCMP's policing and community practices such as:
- The course titled “Using a Trauma-Informed Approach”, which introduces the concept of trauma and helps educate trainees on how to use a trauma-informed approach when conducting investigations. It examines the impacts of trauma and the potential challenges that can be faced when interacting with victims or survivors.
- The course titled “Cultural Awareness and Humility”, which will enable trainees to better understand the impact of culture and personal identity on their actions, perceptions, interactions and experiences. The course aims to help trainees appreciate varying social and cultural norms, and the importance of adopting culturally-relevant, personally-sensitive and appropriate approaches for working with people from diverse backgrounds. The training is being developed in consultation with internal and external subject matter experts in the fields of trauma and gender-based violence. External stakeholders for the Cultural Awareness and Humility course include an advisory council of Indigenous Elders.
- Other initiatives include: Restorative Justice (RJ), Community Conflict Management Groups (CCMG), the RCMP Bias-Free Policing Policy, the Moose Hide Campaign, engagement with National Indigenous Organizations (NIO), the Kairos Blanket Exercise, as well as enhancing RCMP information sharing and communication practices with victims and survivors of crime.
Contacts:
Prepared by: Katherine El-Sammak, Policy Analyst and 613-843-4814
Approved by: Brian Brennan, Deputy Commissioner, Contract and Indigenous Policing, RCMP – 613-843-4632
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