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OC 420/2016 - Joint National Commission into Murdered and Missing Indigenous Women and Girls (National Inquiry) – Appointment and Terms of Reference (Minister of Justice and Attorney General)
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Title: Joint National Commission into Murdered and Missing Indigenous Women and Girls (National Inquiry) – Appointment and Terms of Reference

Minister: Minister of Justice and Attorney General

Summary: Orders THAT WHEREAS:

  • the high number of deaths and disappearances of Indigenous women and girls in Canada is an ongoing national tragedy that must be brought to an end; the Government of Canada has launched an inquiry by P.C. 2016-0736 under the name of the National Inquiry into Missing and Murdered Indigenous Women and Girls to identify and examine the systemic causes of violence against Indigenous women and girls in Canada and to make recommendations for effective action;
  • the Government of Saskatchewan is committed to working with Indigenous communities to end the threat of violence against women and girls and to ensure the safety of future generations of Indigenous women and girls;
  • the Government of Saskatchewan is committed to take action to support reconciliation, working in collaboration with Indigenous Peoples based on principles of mutual respect and shared benefits;
  • it is desirable and in the public interest for the Government of Saskatchewan to jointly establish the National Inquiry with the Government of Canada and the governments of each of the other provinces and territories in order to support the mandate of the commissioners within the province of Saskatchewan;
  • it is desirable and in the public interest to entrust to the commission of inquiry appointed by the Government of Canada the mandate to carry out its work in matters of Saskatchewan’s jurisdiction in accordance with The Public Inquiries Act, 2013;
  • the Government of Canada has undertaken to pay any and all expenses associated with the operation of the Commission and the National Inquiry;
  • the Government of Canada has also undertaken to pay all of the costs associated with the participation of Indigenous organizations in advisory councils, witnesses before the Commission, the process of gathering the experiences of family members and others, as well as any ceremony that the Commission includes in its operations, including the honoraria for Elders and others; and
  • the Government of Saskatchewan shall bear the cost of its own participation and attendance in the National Inquiry, as well as any costs associated with the production of its records to the Commission;
NOW THEREFORE, THAT:
  1. a commission of inquiry is established, jointly with the Government of Canada and the Governments of all provinces and territories that establish an equivalent commission of inquiry, to conduct an inquiry into missing and murdered Indigenous women and girls in Canada, with the following terms of reference:
    • to inquire into and report on the systemic causes of all forms of violence — including sexual violence — against Indigenous women and girls in Canada, including underlying social, economic, cultural, institutional and historical causes contributing to the ongoing violence and particular vulnerabilities of Indigenous women and girls in Canada;
    • to inquire into and report on institutional policies and practices implemented in response to violence experienced by Indigenous women and girls in Canada, including the identification and examination of practices that have been effective in reducing violence and increasing safety;
    • to make recommendations with respect to concrete and effective action that can be taken to remove systemic causes of violence and to increase the safety of Indigenous women and girls in Canada; and
    • to make recommendations with respect to ways to honour and commemorate the missing and murdered Indigenous women and girls in Canada;

  2. the following persons are appointed as commissioners:
      • the Honourable Marion R. Buller as Chief Commissioner;
      • Michèle Taïna Audette;
      • E. Qajaq Robinson;
      • Marilyn Poitras; and,
      • Brian Eyolfson;

  3. November 1, 2017 is fixed for the simultaneous delivery to the Governments of Canada and Saskatchewan of the commission’s interim report;

  4. November 1, 2018 is fixed for the simultaneous delivery to the Governments of Canada and Saskatchewan of the commission’s final report;

  5. December 31, 2018, is fixed as the date for the termination of the inquiry;

  6. the Commission shall not receive or admit any information or evidence that is subject to solicitor client or any other legal privilege unless it is voluntarily provided by the person to whom the privilege belongs;

  7. all ministries and all boards agencies and commissions of the Government of Saskatchewan shall, subject to any privilege or any other legal restriction, assist the Commission to the fullest extent possible, including producing documents in a timely manner, so that the Commission may carry out its duties;

  8. the Commission shall work with the Government of Saskatchewan and Indigenous families and Indigenous organizations in Saskatchewan to identify possible Saskatchewan membership on any regional advisory bodies or issue-specific advisory bodies established by the Commission with respect to regional matters where that region includes Saskatchewan;

  9. the Minister of Justice and Attorney General is authorized to enter into an agreement with the Government of Canada in accordance with section 28 of The Public Inquiries Act, 2013 addressing the manner in which the inquiry is to be conducted in Saskatchewan by the joint commission of inquiry and pursuant to which the Government of Canada will pay all costs incurred with respect to the commission of inquiry; and

  10. the commission and its operations in Saskatchewan are subject to the agreement referenced in clause (i) and any rules and any regulations made pursuant to section 30 of The Public Inquiries Act, 2013.
See: The Public Inquiries Act, 2013/Loi de 2013 sur les enquêtes publiques





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