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  1. #1
    Canadian ForcesMember Billythreefeathers's Avatar
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    Missing and murdered Indigenous women's inquiry wages court fight for RCMP files

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

    https://www.cbc.ca/news/politics/mmi...iles-1.5098052

    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.

    Fight over files

    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.

    Files no longer active, says inquiry

    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.

  2. #2
    Canadian ForcesMember Billythreefeathers's Avatar
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    and let's not forget this colossal mess

    report delivered in June when no one will notice or care

    and just what is it they don't want the public to see....

    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.

    Oh that's right most of the missing and murdered were committed by their own people

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  4. #3
    The Gunsmithing Moderator blacksmithden's Avatar
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    So, once again, the rcmp dont think they have to answer to anyone if they dont want to. DISBAND !!!!
    Last edited by blacksmithden; 04-17-2019 at 08:34 AM.
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    The High River Gun Grab - NEVER FORGET !!!!
    Feb 26 2014 - Swiss Arms prohibition and ordered confiscation by the RCMP - NEVER FORGET !!!!!

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  6. #4
    Senior Member Waterloomike's Avatar
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    If they don't charge turd over the snc scam, Scheer should tell them they are finished.
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.

    Thomas Jefferson

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  8. #5
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    Quote Originally Posted by Waterloomike View Post
    If they don't charge turd over the snc scam, Scheer should tell them they are finished.
    There is more than that “operation killswitch”

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  10. #6
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    Quote Originally Posted by blacksmithden View Post
    So, once again, the rcmp dont thing they have to answer to anyone if they dont want to. DISBAND !!!!
    I will gladly police myself.
    What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms."
    - Thomas Jefferson, letter to James Madison, December 20, 1787

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  12. #7
    One Mile Mentor tigrr's Avatar
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    Ask the native men where they buried the bodies and it would be all over.
    The challenge of retirement is how to spend time without spending money.
    There is no place in an anti's head where reason can enter. from a Napoleon saying with a tweak.
    Look around is there someone you can introduce to shooting because that’s the only way we will buck the anti gun trend sweeping Canada! "tigrr 2006"

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  14. #8
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    Just wait Skippy the wonder Prime Minister will give them another 100 million dollars and a two year extension.

  15. #9
    Have gun, will travel. Forbes/Hutton's Avatar
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    Quote Originally Posted by Northshore View Post
    Just wait Skippy the wonder Prime Minister will give them another 100 million dollars and a two year extension.
    Oh, you mean the inquiry. For a second I thought you meant the current Ethics commissioner.
    Remember: the opposite of "Far Right" is Far Wrong.

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  17. #10
    The Gunsmithing Moderator blacksmithden's Avatar
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    Quote Originally Posted by Swingerguy View Post
    I will gladly police myself.
    After the corrupt rcmp have been expunged from the province of Alberta and I have been put in charge, I promise to form a "commission" comprised of volunteers that will solve Alberta's drug dealer problem within 30 days. We're gonna need some trucks and about a dozen backhoes. We'll look after the rest.
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    The High River Gun Grab - NEVER FORGET !!!!
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