What next after Pivot withdraws from Inquiry?
Wednesday, September 21, 2011 by David Eby
Pivot Legal Society has pulled out of the Missing Women's Commission of Inquiry. This may not seem like a big deal to some, for example, to those running the Commission. Here's what Commission counsel Art Vertlieb, Q.C., had to say about Pivot's decision:
“The Commission appreciates that some of the groups that we granted standing do not have the financial resources to hire lawyers to represent them at the inquiry, which is why they have withdrawn.”
“However, it is our understanding that most of the groups that were granted standing will participate when hearings begin in Vancouver on October 11. These include the families of 14 of Robert Pickton’s victims who, along with many other British Columbians, have questions about the Pickton investigation that need answers.”
“The Commission is confident that the evidence it will hear from a range of witnesses and the cross-examination by counsel for the participants will address the requirements of its mandate.”
First, it is important to note that Pivot (in coalition with the B.C. Civil Liberties Association and Amnesty International) only had limited standing following the Commissioner's first ruling.
Second, it is equally important to note that this Commission is only partly about the "Pickton investigation" and fault finding for those who failed to take seriously the concerns of family members and friends.
In the big picture, setting aside the petty fault finding exercise, this Commission is supposed to be about restoring the faith of B.C.'s Indigenous populations who live on and off reserve, restoring the faith of B.C.'s marginalized populations including those with addictions and those who are homeless or otherwise on the fringes, and restoring the faith of the population at large that might be on the edge, that if you go missing the police will look for you as aggressively as they look for anybody else.
This Inquiry was to be, as a result, a truth and reconciliation process.
Now the groups that are supposed to be reminded that they matter, that their voices matter, that an apology is owed to them after 30 of their members were killed one at a time, are being told by the Province that, actually, their voices don't matter. That as far as the Province is concerned, they can pull out of this inquiry ten times over and it won't change the approach one bit.
It seems to me that's a problem, that Pivot recognized that problem as terminal, and pulled out.
This "with us or against us" attitude towards marginalized groups also reflects a total misunderstanding of the purpose and intent of this Inquiry. The Province needs to approach the Commission and, together, ask these groups what they need to participate in their Truth and Reconciliation Inquiry, and make that happen to bring these groups back to the table.
The costs of the loss of public confidence of these communities in police, and the reverberations of just one more perceived injustice by government against communities too often ignored or put aside, are far more detrimental and financially costly than the reasonable requests for legal support that they are making - requests that are not different from police and government official requests for legal support, except those official requests are being met with bottomless resources.
There will be no truth and reconciliation if those who are supposed to be reconciled with are not at the table. Pivot's recent departure suggests the Commission and the Province have made no progress since the Union of B.C. Indian Chiefs, Carrier Sekani Tribal Council, Native Women's Association of Canada, and many others pulled out. And that's a big deal.
“The Commission appreciates that some of the groups that we granted standing do not have the financial resources to hire lawyers to represent them at the inquiry, which is why they have withdrawn.”
“However, it is our understanding that most of the groups that were granted standing will participate when hearings begin in Vancouver on October 11. These include the families of 14 of Robert Pickton’s victims who, along with many other British Columbians, have questions about the Pickton investigation that need answers.”
“The Commission is confident that the evidence it will hear from a range of witnesses and the cross-examination by counsel for the participants will address the requirements of its mandate.”
First, it is important to note that Pivot (in coalition with the B.C. Civil Liberties Association and Amnesty International) only had limited standing following the Commissioner's first ruling.
Second, it is equally important to note that this Commission is only partly about the "Pickton investigation" and fault finding for those who failed to take seriously the concerns of family members and friends.
In the big picture, setting aside the petty fault finding exercise, this Commission is supposed to be about restoring the faith of B.C.'s Indigenous populations who live on and off reserve, restoring the faith of B.C.'s marginalized populations including those with addictions and those who are homeless or otherwise on the fringes, and restoring the faith of the population at large that might be on the edge, that if you go missing the police will look for you as aggressively as they look for anybody else.
This Inquiry was to be, as a result, a truth and reconciliation process.
Now the groups that are supposed to be reminded that they matter, that their voices matter, that an apology is owed to them after 30 of their members were killed one at a time, are being told by the Province that, actually, their voices don't matter. That as far as the Province is concerned, they can pull out of this inquiry ten times over and it won't change the approach one bit.
It seems to me that's a problem, that Pivot recognized that problem as terminal, and pulled out.
This "with us or against us" attitude towards marginalized groups also reflects a total misunderstanding of the purpose and intent of this Inquiry. The Province needs to approach the Commission and, together, ask these groups what they need to participate in their Truth and Reconciliation Inquiry, and make that happen to bring these groups back to the table.
The costs of the loss of public confidence of these communities in police, and the reverberations of just one more perceived injustice by government against communities too often ignored or put aside, are far more detrimental and financially costly than the reasonable requests for legal support that they are making - requests that are not different from police and government official requests for legal support, except those official requests are being met with bottomless resources.
There will be no truth and reconciliation if those who are supposed to be reconciled with are not at the table. Pivot's recent departure suggests the Commission and the Province have made no progress since the Union of B.C. Indian Chiefs, Carrier Sekani Tribal Council, Native Women's Association of Canada, and many others pulled out. And that's a big deal.
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