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.

Just Posted

Community mourns the deaths of two Maskwacis toddlers

Siblings found drowned on family’s property

Gas prices in Sylvan Lake higher than surrounding area

The gas in town is being sold with a retail margin of about four to seven cents a litre

Sylvan Lake Hockey Camp hits 45 year milestone

The long-running hockey camp sees kids come from all over the world every year

Customs and Classics revved into Sylvan Lake

The 13th annual show had 163 cars parked on the Meadowlands Golf Club driving range July 13

New support line available for Alberta farmers

AgSafe Alberta hotline there to help navigate new farm rules and regulations

Feds lowered poverty line, reducing the number of seniors in need: documents

Liberals introduced a poverty line that was below the prior low-income cutoff

Wetaskiwin RCMP investigate indecent act at By The Lake Park

Complaint said man exposed himself in Wetaskiwin

$900M settlement reached in class action on sexual misconduct in Canadian military

After facing criticism, the government moved to begin settlement proceedings in early 2018

Chiefs honour Indigenous leader wrongfully hanged in B.C. 154 years ago today

Chief Joe Alphonse says they want his remains returned to his homeland in B.C.’s Cariboo region

Wetaskiwin RCMP investigate attempted armed robbery

Police seek information about alleged attack and identify suspect

Scrapie, a disease related to mad cow, found in two flocks of sheep in Alberta

Health Canada says there is no known link between scrapie and human health

Alberta oil and gas producer cleanup cost estimates set too low, says coalition

Canadian Natural Resources Ltd. facing the largest bill at $11.9 billion to clean up 73,000 wells

Scheer on Trump: It’s ‘offensive’ to question the family background of critics

Trump is being called a racist for saying that the four congresswomen should go back where they came from

Instagram expands Canadian pilot removing ‘like’ counts to more countries

Social media giant plans to roll out the test in Australia, New Zealand, Brazil, Japan, Italy and Ireland

Most Read