A ceremonial fire is lit at the beginning of the National Inquiry of missing and murdered Indigenous women and girls in Richmond, B.C., Wednesday, April, 4, 2018. The national inquiry into missing and murdered Indigenous women is fighting in court for access to two RCMP files the national police force is refusing to hand over. THE CANADIAN PRESS/Jonathan Hayward

Missing and murdered Indigenous women’s inquiry wages court fight for RCMP files

Court must weigh public interest in disclosing the two files to inquiry against public interest in keeping them under wraps

The national inquiry into missing and murdered Indigenous women is fighting in court for access to two RCMP files the national police force is refusing to hand over.

The inquiry is set to issue its long-awaited report in June, but says it wants the contested Mountie files to complete its work on one of the saddest chapters in Canada’s recent history.

Little is publicly known about the two disputed files other than their titles: “Missing Person: Missing Indigenous Woman” and “Homicide: Murdered Indigenous Woman.”

Both sides have agreed to an expedited process and hope to have hearing dates on the dispute before mid-May in the Federal Court of Canada, said Catherine Kloczkowski, a spokeswoman for the inquiry.

Federal lawyers acting on behalf of the RCMP have yet to make submissions to the court.

In an April 8 notice of application outlining its case, the inquiry seeks a court order disclosing the two files to commission lawyers.

As part of its mandate, the inquiry established a forensic document-review team to confidentially review police and institutional files, seeking to identify systemic barriers or other weaknesses related to the protection of Indigenous women and girls. The ultimate aim was to make recommendations about the underlying causes of disappearances, deaths and acts of violence.

The inquiry issued two subpoenas last September directing the RCMP to disclose various files, according to the notice of application. In December, the police force produced written rationales claiming public-interest privilege over 59 files because the cases were still under investigation.

Federal lawyers and inquiry counsel then agreed to a procedure, in keeping with the common law, to test the RCMP’s claims of privilege on 12 files most keenly sought by the forensic document-review team.

An RCMP investigator with knowledge of each file was interviewed by an inquiry lawyer in front of one of the inquiry’s four commissioners. After the interviews, lawyers for each side made submissions. The sitting commissioner then ruled on whether public interest privilege had been established.

The interviews took place Jan. 10 before commissioner Brian Eyolfson and the next day in front of chief commissioner Marion Buller.

During the interviews, the inquiry abandoned its challenge on one file when it became apparent the matter was still actively under police investigation. In addition, the government dropped its claim of privilege over another file, leaving the fates of 10 files to be decided.

Eyolfson ordered one of these files to be turned over to the inquiry while finding another to be validly withheld.

Buller ordered the Mounties to produce the remaining eight files to inquiry counsel, finding no public-interest privilege. She later amended the order — with the consent of both parties — for six of the eight files to be handed over no later than March 28.

That left the two contested files now at the centre of the court battle.

Federal lawyers objected to their disclosure by filing certificates with the Federal Court under the Canada Evidence Act, which allows for a hearing to decide whether secrecy will prevail.

The court must weigh the public interest in disclosing the two files to the inquiry against any public interest in keeping them under wraps.

In its notice, the inquiry says the contested files “are no longer under active investigation” and should be given to the forensic document team.

Kloczkowski said that upon receiving the files the inquiry, under its terms of reference, could use them to make recommendations or refer the contents to authorities for further action.

The terms allow the commissioners to pass along information to appropriate agencies if it could be used in the investigation or prosecution of Criminal Code offences, or if it points to misconduct. The commissioners have already identified a “number of cases” that appear to warrant alerting authorities, Kloczkowski said.

Although the inquiry can’t disclose details of those cases, the number of referred cases will be made public at the end its mandate, she added.

READ MORE: Murdered and missing honoured at Stolen Sisters Memorial March in B.C.

READ MORE: Report about violence against Downtown Eastside women calls for change

Jim Bronskill , The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sylvan Lake welcomes two new doctors

Dr’s Biana Manchik and Andrew Schwartz are the two new doctors practicing at Sylvan Medical Center

Second catholic elementary school years away for Sylvan Lake

A request has been put in for two portables for École Our Lady of the Rosary’s population growth

Sylvan Lake Wranglers lead series with two overtime wins

The Wranglers are playing the Red Deer Vipers in the division semi-finals of the HJHL

Sylvan Lake businesses satisfied working in town, survey

The Chamber surveyed 100 local businesses and found 82 per cent are satisfied working in Sylvan Lake

Governor general says multiple solutions needed for ‘complicated’ overdose issue

Julie Payette met at a fire hall with firefighters and police officers as well as politicians and health experts

Alberta Appeal Court sides with Alberta on federal carbon tax

Today’s decision is the first to side with a province against the federal government

Father and two children, from Southern Alberta, killed in fatal crash in B.C.

The single vehicle crash occured near Kamloops on Highway 5A

Teck CEO says Frontier withdrawal a result of tensions over climate, reconciliation

Don Lindsay speaks at mining conference, a day after announcing suspension of oilsands project

Harvey Weinstein found guilty of sex crimes in landmark #MeToo trial

The cases against the Hollywood mogul started the #MeToo movement

CRA puts focus on paper returns as tax-filing season opens

The federal tax collector expects to handle about two million paper returns this calendar year out of roughly 26 million filings

Teck withdraws application for Frontier mine, citing discourse over climate change

The Vancouver-based company said it will take a $1.13-billion writedown on the Frontier project in Alberta

Violent ends to past Indigenous protests haunt Trudeau government

Trudeau adopted a more assertive tone Friday, insisting the barricade must come down

Blockades remain in place as Wet’suwet’en hereditary chiefs returning to B.C.

Hereditary Chief Woos said they are ready to engage in nation-to-nation talks with the B.C.

Most Read