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

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OTTAWA — 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 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.

“The RCMP should have disclosed these relevant files to the National Inquiry months ago,” she said. “They did not.”

Federal lawyers acting on behalf of the RCMP have yet to make submissions to the court.

A statement from the Mounties said the RCMP makes every effort to co-operate with the inquiry, but this assistance “must not come at the expense of compromising the integrity of ongoing criminal investigations.”

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.

During the interviews, which took place in January, the inquiry abandoned its challenge on one file and the government dropped its claim of privilege over another. Seven of the remaining 10 files were ordered to be turned over to the inquiry, and one was ruled to be validly withheld, leaving just the two 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.

The RCMP said in its statement to The Canadian Press that the force has reviewed, assessed and disclosed a total of 23 active files to the inquiry. “In two such cases, however, the risk to ongoing investigations and future prosecutions is too high to disclose them.”

Kloczkowski said that upon receiving the two files, the inquiry could, under its terms of reference, use them to make recommendations or refer the contents to authorities for further action.  

The commissioners can 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.

— Follow @Jim Bronskill on Twitter

Jim Bronskill , The Canadian Press



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Report: China bans all Canadian meat before G20 as Trudeau turns to Trump on detainees

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OTTAWA — A report in a Quebec newspaper says China has suspended all Canadian meat exports in a dramatic escalation of its diplomatic dispute with Canada over the December arrest of Huawei executive Meng Wanzhou in Vancouver.

The latest Chinese move comes as Prime Minister Justin Trudeau is set to depart Wednesday for the G20 leaders’ summit, where he is expected to rely on U.S. President Donald Trump to raise the plight of two detained Canadians during a meeting with Chinese President Xi Jinping.

A report in the newspaper Journal de Quebec quotes a Montreal-based diplomat with the Chinese consulate-general as saying the ban is temporary.

The diplomat says the move is being taken because about 100 faked veterinary health certificates have been identified on exported meat products.

A spokeswoman for Agriculture Minister Marie-Claude Bibeau has yet to comment on the report.

China detained former Canadian diplomat Michael Kovrig and Canadian entrepreneur Michael Spavor and sentenced another Canadian to death in an apparent attempt to pressure for Meng’s release.

China has also stopped imports of Canadian canola and has suspended export permits for three pork producers.

The Canadian Press

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China asks for suspension of Canadian meat, citing forged certificates

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OTTAWA — The Chinese Embassy said Tuesday it has asked Canada to suspended all meat exports, a surprise move that comes amid the diplomatic dispute over the December arrest of Huawei executive Meng Wanzhou in Vancouver.

The latest Chinese move comes as Prime Minister Justin Trudeau is set to depart Wednesday for a G20 leaders’ summit in Japan, where he is expected to rely on U.S. President Donald Trump to raise the plight of two detained Canadians during a meeting with Chinese President Xi Jinping.

The embassy said in a statement to The Canadian Press on Tuesday that this latest move follows Chinese customs inspectors’ detection of residue from a restricted feed additive, called ractopamine, in a batch of Canadian pork products. The additive has permitted uses in Canada but is banned in China.

“The subsequent investigation revealed that the official veterinary health certificates attached to the batch of pork exported to China were counterfeit and the number of those forgery certificates was up to 188. The Canadian side believes that this incident is criminal offence,” said the embassy statement.

“These forged certificates were sent to the Chinese regulatory authorities through Canadian official certificate notification channel, which reflects that the Canadian meat export supervision system exists obvious safety loopholes.”

China is therefore taking “urgent preventive measures” to protect Chinese customers and has asked the Canadian government to suspend all meat-export certificates, the embassy said.

“We hope the Canadian side would attach great importance to this incident, complete the investigation as soon as possible and take effective measures to ensure the safety of food exported to China in a more responsible manner.”

A spokeswoman for Agriculture Minister Marie-Claude Bibeau did not immediately comment on the report.

A report in the newspaper Journal de Quebec, which first reported the story, quotes a Montreal-based diplomat with the Chinese consulate-general as saying the ban is temporary.

China detained former Canadian diplomat Michael Kovrig and Canadian entrepreneur Michael Spavor and sentenced another Canadian to death in an apparent attempt to pressure for Meng’s release.

China has also stopped imports of Canadian canola and has suspended import permits for three pork producers.

A senior Canadian government official, speaking on the condition of anonymity due to the sensitive nature of the dispute, described the matter as a “technical issue.”

The official said the Canadian Food Inspection Agency is “seized with the issue and looking into the matter to ensure that all the rules are being followed.”

The CFIA is working with Chinese officials to resolve the matter.

“This is a technical issue related to potentially fraudulent permits,” said the official. “We stand by the quality of Canadian products.”

The Conservatives blamed Trudeau.

“Conservatives know that Canadian farmers produce some of the highest-quality meat in the world. Any assertion by the Chinese government to the contrary is both false and baseless,” said a statement from Tory agriculture critic Luc Berthold. “It is clear that this is not an issue of food safety, but a political issue caused by Justin Trudeau’s incompetence and weakness on the world stage.”

Berthold said Trudeau has to “personally raise this issue” with Xi in at the G20 meeting and demand the trade barriers be lifted.

Mike Blanchfield, The Canadian Press

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