Senator Lillian Eva Quan Dyck, PhD, DLitt NDP Women’s Caucus meeting Ottawa Oct 3, 2018

1. Bill S-215: an Act of Reconciliation which would amend the criminal code to provide specific provisions for Aboriginal female victims of violence Senator Lillian Eva Quan Dyck, PhD, DLitt NDP Women’s Caucus meeting Ottawa Oct 3, 2018 http://senatordyck.sencanada.ca/

2. The issue of MMIWGs • Is a stark example where racism combined with sexism has made it extremely difficult to get the public and the RCMP to recognize it as a real problem. • 1st there was denial for a decade, then acceptance, now there is a National Inquiry. • It’s time to focus on the offenders (the perpetrators of the violence)to decrease the numbers of MMIWGs.

3. Aboriginal women are at a much greater risk for violence than other women. • AW are 3-4X more likely than other women to be assaulted or murdered.(Stats Canada, RCMP, NWAC) • AW are 7X more likely to be targeted by serial killers (TO Star). • SIMPLY being Aboriginal is a risk factor for violence for females but not for males.(Stats Canada 2016)

4. Graphic warning: disturbing image of stereotypes of Indigenous women (Victim Blaming)

5. ShhhS Shh… we don’t talk About that in Canada Another one? Dumb Indian slut. These girls ask for it being drunk all the time. Bet she’s lying. Must’ve run away They do it to them- selves. Boyfriend probably did it. They make themselves easy targets. Dressing like that. Well why did she go with him?

6. Even children’s drawings reveal that they are taught racist stereotypes about MMIWGS!

7. Where are our sisters? They do it (prostitution) to do drugs.

8. Women who are sexually assaulted are seen as not credible and are blamed for it. Hence, the #metoo movement. • For Indigenous women, it’s #Metoobutworse

9. Stats Canada reported in June 2016 that simply being Aboriginal was a significant risk factor for violence for females but not for males. Many of us knew that intuitively, we now have the statistical evidence that we were right. Simply being an Aboriginal female is a risk factor for violence. Bill S-215 will help reduce that risk.

10. The intentions of bill S-215 • 1. to decrease the numbers of Aboriginal women and girls (AWGs) who are victims of violent crimes. • 2. to provide equal protection of the law for AWGs guaranteed by the Charter of Rights and Freedoms. • 3. to protect AWGs from violence as guaranteed by the UNDRIP. • 4. to provide a balance to the Gladue provision for Aboriginal offenders.

11. What Bill S-215 proposes to do • It names Aboriginal female persons specifically as an aggravating circumstance in sentencing their offender in cases of assault (including sexual assault) or murder. • It amends sections 239 and 273 of the Criminal Code to add Aboriginal female person as an aggravating factor in sentencing offenders. • The judge would be required to take into account the fact that AWGs are much more likely to be victims of violence and consider their identity, as Aboriginal females, as an aggravating factor in sentencing the offender.

12. Bill S-215 would counteract the stereotyped sexualized racism that persists in Canadian society. • it acknowledges and is an antidote to the sad reality of #metoobutworse. • It places the focus on the offender rather than the victim – it focuses on the men who assault, sexually assault or murder Aboriginal women and girls.

13. Bill S-215 balances the specific provision for Aboriginal offenders under s718.2(e) of the criminal code, known as the Gladue provision. • Gladue factors such as poverty, loss of culture, intergenerational effects of Indian Residential schools, etc have to be considered during sentencing of an Aboriginal offender.

14. These same Gladue factors have also disproportionately affected Aboriginal women & girls making them more vulnerable to violent crimes, such as sexual assault and murder. • PLUS there is a definite need to address sexism – the undervaluing of women and girls - And the racist stereotypes of IWGs as easy targets for sexual violence. • Thus, a specific provision, such as designating Aboriginal female identity as an aggravating factor, is warranted and necessary to overcome inherent biases against them in society including persons in the criminal justice sytem.

15. New racially disaggregated databaseconstructed with UofS researchers • Analysis of our new database provides evidence that those who murder Aboriginal females get lighter sentences than those who murder non-Aboriginal females. • This new evidence validates the need for a bill like S-215 which instructs the judge to consider Aboriginal female cases more seriously.

16. With bill S-215, the justice system would eventually be transformed as people begin to see Aboriginal females from a different perspective (not the awful, sexualized stereotypes shown earlier), • and people would begin to realize how colonization, Indian residential school attendance, and its intergenerational effects have made Aboriginal females more likely than other females to be victims of violence and abuse.

17. Bill S-215 constitutes an Act of Reconciliation. • it responds to Call to Action # 41 of the TRC by providing a remedy for the disproportionate victimization of Aboriginal women and girls.

18. Bill S-215 was passed by the senate in Dec 2016 • And is in the House of Commons – Still Waiting, …. waiting, …. waiting ….for the process to begin there ….

19. In May 2018, the Special Rapporteur on Violence against Aboriginal Women said Canada had a crisis situation and should do something now! It’s time to at least begin debate on bill S-215 in the House of Commons and to urge the government to support it! Aboriginal women and girls deserve the right to fair sentencing of the men who assault or murder them, even if that man is Aboriginal. The situation now is unfair & discriminatory.

20. Bill S-215: an Act of ReconciliationLet’s remember and honor our MMIWG by taking action to protect them in our laws

21. Some of the supporters of bill S-215 • Federation of Sovereign Nations • Assembly of First Nations • Native Women’s Association of Canada • Iskwewuk e-wichiwitochik • Some chapters of the BPW

22. The following slides are provided for further information, if needed.

23. From my 2nd reading speech, Jan 27-2016 • “Colleagues, … we have amended the criminal code to make special provisions to protect public transit operators, such as taxi drivers, and service animals, such as police dogs. • If we can make special provisions for them, then surely we make special provisions for Aboriginal female persons.”

24. Recent analogous examples of bills aimed at protecting people or animals (via Aggravating factors) • 1. Bill S-221 protects Public transit workers against assault. • 2. Bill C-36 protects the Elderly from exploitation. • 3. Bill C-35 protects Service animals from violent acts. Police dog Quanto’s act. • 4. Bill C-16 –protects transgender individuals.

25. the Gladue provision of the Criminal code • S. 718.2(e): • “all available sanctions, other than imprisonment, that are reasonable and consistent with the harm done to victims and to the community, should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”

26. I found 2 examples where the court noted that Aboriginal identity of a female victim assaulted by an Aborignal man should also be given special consideration, because she too was affected by the same Gladue factors as the man: • 1. R vs Peter (2014, Nunavut) • 2. R vs Neashish (2016, PQ)