The Aboriginal Inquiries in Canada; A Look into the Results of Past Inquiries (Opinion)

The number of reports, inquiries and recommendations that have been discussed and directed at us for our own well-being in Canada is astounding. The saying that we’ve been studied to death isn’t an oxymoron anymore for us, it’s a reality. So why call and demand another inquiry, national in scope, indigenous in focus and as some people seems to think, could be solved if our men would just stop being jerks to our women. Just looking at the justice front for inquiries I came across:

• The Royal Commission on Aboriginal Peoples (1991)
• The Report of the Aboriginal Justice Inquiry of Manitoba (1999)
• The Ipperwash Inquiry (2003)
• B.C. Appeal court justice Wally Oppal titled his five-volume report of the Missing Women Commission of Inquiry (2012)
• Commission of Inquiry into Matters Relating to the Death of Neil Stonechild (2004)
• The RCMP Missing and Murdered Aboriginal Women: A National Operational Overview (2014)

The Royal Commission (1991) is often set as the example of what could have been accomplished if Canada had a real nation to nation relationship with the indigenous peoples of Canada rather than the current Indian Act wards of the state relationship. Some of the recommendations were so shattering that they were ignored completely such as acknowledging that concepts such as terra nullius and the doctrine of discovery are factually, legally and morally wrong. But also declaring these concepts no longer a part of Canadian law, not allowing these concepts to be entered into courts as arguments, declaring an end to the Royal Proclamation to work with indigenous groups to renew the indigenous people’s rightful place in the Canadian federation. In other words a complete shift in thinking and how confederation works.

The RCAP goes on to discuss other recommendations that were never implemented by successive governments such as fundamentally new fiscal arrangements for aboriginal governments with considerations not only for revenue raising capacities of each nation but also weight given to the unique needs of indigenous government challenges.

It also goes on to discuss possible changes in how the federal government interacts with the indigenous communities by reorganizing the department of aboriginal affairs and appointing a new Senior Cabinet position and a new Minister of Indian and Inuit Services to allocate fund for Indigenous expenditures across government ministries.

What does all this mean? If only a quarter of the recommendations had been implemented from the RCAP we would be having a vitally different relationship between the Crown and the Indigenous people. At the heart of our issues I still believe that the Indian Act is the main reason we are still in poverty and in struggling with so many of the issues we face.

The recommendations for a new relationship are there but have not been followed; indeed the recommendations for Missing and Murdered Indigenous Women are there as well under the Oppal Report.

Wally Oppal was a B.C. Court of Appeal Justice who oversaw the Missing Women Commission of Inquiry (2012) which made many recommendations including creating a healing fund for families, “equality audits” to ensure marginalized women were treated fairly by law enforcement and better programs aimed at preventing violence against missing women and enhanced services in Vancouver’s Downtown Eastside.

Oppal went further to identify critical police failures when dealing with missing and murdered women. While focused on British Columbia police forces these recommendations could easily have nationwide application. Oppal pointed to poor report taking and follow ups on missing women, faulty risk analysis and risk assessments, a lack of proactive strategies, failure to consider or pursue all investigative strategies, cross jurisdictional issues leading to ineffective co-ordination between police forces.

A quick read through the Ontario “Ipperwash Inquiry” (2003) points too many of the issues indigenous peoples are continually speaking too. Settling land claims due to the crowns inability to resolve these consistently, natural resources disputes, respect to our sacred sites and burial sites, education about indigenous peoples and treaties, pushing for indigenous policing of First Nations territory and better governmental relations.

This article could go on and on about the other inquiries and recommendations that have been done but it’s clear that our issues are identified, recommendations made and have already been written about but are ignored. How will you push for change? How will you educate yourself about our issues? Will you approach our chief and councils, our tribal leaders, the indigenous provincial and national organizations to demand action? Will you press our municipal, provincial and federal governmental representatives to demand change?

As the indigenous people of Turtle Island we have a rightful place in confederation to have our voice heard but we must be both coherent and intelligent in our messaging. Remember, those how don’t learn from histories mistakes are bound to make them again.

– Bill Stevenson, RezX Contributor