MMIW chief commissioner recommends automatic first-degree murder charges for killings of Indigenous women - 'It means criminalizing all men who commit violence against Indigenous women, girls and 2SLGBTQQIA people. What's wrong with that?'

Apoth42

Hehe xd
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https://nationalpost.com/news/politics/mmiw-chief-commissioner-recommends-automatic-first-degree-murder-charges-for-killings-of-indigenous-women

OTTAWA — The chief commissioner of the national inquiry into missing and murdered Indigenous women is recommending the justice system be tougher on people who commit crimes against Indigenous women, girls and LGBT people, saying the government must prove their lives are valued.

In a taste of what’s to come when the national inquiry releases its final report next month, Marion Buller told a parliamentary committee this week that homicides involving Indigenous women must be treated automatically as first-degree murder. She also said that in criminal cases where the complainant is an Indigenous woman, judges must consider that fact as an aggravating factor when sentencing the offender.

“Nothing less than that is going to protect the safety of Indigenous women, girls and members of the 2SLGBTQQIA communities,” she told the Senate committee on legal and constitutional affairs, which is studying Bill C-75, the Liberals’ wide-ranging justice reform bill. “Otherwise, the criminal justice system is seen to further devalue their safety.”

In an interview Thursday with the National Post, Buller wouldn’t confirm that these particular recommendations will appear in the national inquiry’s June 3 final report, which is intended to address the root causes of violence against Indigenous women, though she said “there will be some overlap.” But she said her recommendations to the committee were based on concerns the commissioners have heard from Indigenous people across the country, and the final report will recommend changes to several laws, including the Criminal Code.

“We’re looking at many pieces of legislation, and not just federal, but provincial and territorial as well,” she said. “We’re also looking at band governance under the Indian Act.”

In her testimony on Wednesday, Buller applauded a provision of Bill C-75 that would allow higher maximum penalties in cases of domestic violence, though she said the definition of such violence should be broadened to encompass violence between family members, not only toward intimate partners. “In other words, the net hasn’t been cast far enough,” she said.

But it was her three final recommendations that especially stood out. First, she said courts must consider whether victims are Indigenous women before granting bail to those they accuse. “Too often … we heard from family members and survivors that an accused individual was released back into the community without proper protection for the complainant and her family,” she said. Second, when victims are Indigenous women, that must be an aggravating factor during sentencing, Buller said. And finally, the killing of Indigenous women must automatically be treated as first-degree murder. “It’s to recognize the importance of the individual who has been killed and the importance of their life,” she said. “That tells all of Canada that if you kill one of these women, it’s murder in the first degree, the strongest penalty and the strongest offence that we can impose.”

First-degree murder charges, which can lead to the severest sentences under Canadian law, normally require proof that a killing was “planned and deliberate.” Under the Criminal Code, however, the murder of a police officer or prison employee results in an automatic first-degree charge — the only category of people whom the law currently sets apart in this way. The code also decrees that killings in the course of sexual assault, aircraft hijacking, kidnapping or hostage-taking come with automatic first-degree charges, as do murders resulting from terrorist or organized criminal activity, or in the context of criminal harassment or intimidation.

Speaking to the Post, Buller said the recommendations aren’t intended to level harsher punishments against those who commit violence against Indigenous women, but to level the playing field in a society where crimes against Indigenous women are often treated more lightly than those against non-Indigenous people. “Let’s make it equitable in terms of sentencing,” she said.

However, Tony Paisana, a Vancouver-based defence lawyer, raised concerns about Buller’s recommendations, arguing the Criminal Code should not be “picking and choosing which communities are more important.”

“I think that’s a slippery slope that’s quite dangerous when considering the appropriate penalty for murder,” he told the Post.

Paisana, who appeared before the Senate committee last week on behalf of the Canadian Bar Association, said that in many cases, the perpetrators of violence against Indigenous women are Indigenous men, and that Buller’s recommendations could lead to stiffer punishments for a population that’s already over-represented in Canadian prisons. “You’re perpetuating the over-incarceration of Indigenous people,” he said. “The answer is not punishing people more, full stop.”

Courts are already supposed to take offenders’ Indigenous identity into account during sentencing, in an attempt to recognize the factors that can place them at a disadvantage, including the legacy of residential schools, poverty and substance abuse. In her testimony, Buller spoke about the importance of this principle. But she also said the inquiry heard from families and survivors who feel it simply leads to lighter sentences for Indigenous offenders. Having judges also consider the Indigenous identity of victims as an aggravating factor “doesn’t necessarily outweigh or negate” that principle, she said — it just means both factors have to be balanced.

It’s unclear whether the senate committee will propose any amendments to Bill C-75 based on Buller’s testimony when it reconvenes next week. The legislation is intended to deal with chronic court delays, but it encompasses a number of other reforms, including changes to the rules for jury selection. During Buller’s appearance on Wednesday, Independent Sen. Frances Lankin said the recommendation regarding automatic first-degree murder charges might be “beyond the scope in the short period of time we have to be able to undertake.”

But in her interview with the Post, Buller said her recommendation about sentencing “should have been in Bill C-75,” and disputed the idea that the changes would disproportionately punish Indigenous men, pointing out that they are not the only perpetrators of violence against Indigenous women.

“The sentence has to reflect not only the gravity of the offence but also the circumstances of the offender. And so does that mean criminalizing Indigenous men? Well, it means criminalizing all men who commit violence against Indigenous women, girls and 2SLGBTQQIA people,” she said. “What’s wrong with that?”
Tldr: Canada set up a commission to investigate why there was thousands of missing and/or murdered Native women. They believe in setting up a different set of legal standards based on race. The actual reasons for why these women disappearing is because of rampant prostitution and the fact that they're from communities that don't give a shit about them.

It's kinda ironic. The sjw lawyers against this are literally arguing that this is bad because it would lead to more Native men going to prison (because people of the same race tend to kill eachother).

This commission is concerned about the accused and perpetrators wondering free in their community but they're also sperging about these communities having a higher rate of incarceration. Its madness.
 

Cosmos

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I mean, I understand where they’re coming from. Indigenous women have been turning up dead for years now and the Canadian police don’t seem to give a shit. The Highway of Tears murders are a good example of this.

That being said, I really don’t like how some people are more concerned about how potential murderers will be affected than their victims. If indigenous men are really killing indigenous women at such a high rate, that’s something that needs to be addressed. Don’t give them a pass because of their shitty life circumstances, that’s no excuse for murder.
 

Dr W

Heaven is void of light
kiwifarms.net
Wouldn't just charging the people for normal murder suffice? I think murder is generally a severe enough charge. Killing a protected class and being charged with double super murder happens all the time, but actually codifying it into laws will just show the farce.
 

Exigent Circumcisions

I can smell youuuuu.... you smell niiiiice....
kiwifarms.net
Everything about "Indigenous" issues in Canada is so warped out of all recognition that it actually makes my head hurt sometimes. I'm considering starting a thread in Deep Thoughts to go through every part of it that drives me crazy but I'll just leave it at this for now:

Want to help the Native community by dissolving the reservation system and integrating them into society? RACIST!
Throw your hands up in despair and leave them to their own dysfunctional devices? RACIST!

I grew up around Natives and the ones who haven't been chugging the Flavor-aid know what's up, but they just leave the Rez and shut the fuck up about it so they don't get torn apart.
:heart-empty:
 

Eryngium

kiwifarms.net
I thought 2SLGBTQQIA was a joke in the title...

Canada is so fucked.

I don't get why the liberals want to lose so desperately, they had an overwhelming victory last term because the pm acted like a robot that spewed out nothing but attack ads, but now it looks like they are going to lose to a conservative candidate that looks like a literal potato because they can't stop being re.tarded for one fucking second.
 

Apoth42

Hehe xd
kiwifarms.net
Didn't Canada push a shit load of natives onto reservations in the fucking icy north just so they could show USSR they were a sovereign nation? Thought I read that somewhere.

I've said it before, I'm really happy to be American.
Only western natives had treaties that protected them. The ones forced into the Artic did not.

Canada was pretty brutal during the Cold War. There wasn't an American-style constitution so they'd basically drag people into a room and interrogate them for 20 hours and then charge them after they'd implicated themselves.
 

Eryngium

kiwifarms.net
I mean, I understand where they’re coming from. Indigenous women have been turning up dead for years now and the Canadian police don’t seem to give a shit. The Highway of Tears murders are a good example of this.

That being said, I really don’t like how some people are more concerned about how potential murderers will be affected than their victims. If indigenous men are really killing indigenous women at such a high rate, that’s something that needs to be addressed. Don’t give them a pass because of their shitty life circumstances, that’s no excuse for murder.
I get what your saying but the whole idea is inherently racist:

I know it's a stupid example, but can you imagine if Muslims and Christians and ONLY Muslims and Christians are automatically charged with attempted murder if they smack a child, just because on average they seem to have a harder time keeping out of children's pants?
 

76LD910

Non Casual Observer
kiwifarms.net
This the same commission that keeps getting new leaders because after a while each one realizes that no amount of effort is going to turn up evidence that roving gangs of white men are responsible for the murders or that contradicts the report by the RCMP that states these cases are handled the same as any other case and don't even have particularity lower rate of being solved than the general population even taking into account the higher rate of such cases among the indigenous (makes you sound like a fucking bird) and the difficulties in conducting investigations in isolated communities with a "fuck the police" mentality.

They've extended their deadlines numerous times because of this, I guess they finally found a true believer who's dumb enough to hold this hot potato.

The majority of the Canadian population forgot this even existed after the MSM realized showing interviews of family members "telling their story" while giving no more relevant information than whet they've already told the police at the cost of tens of millions of dollars wasn't the best optics. Its interesting this call for a separate justice system comes so long after the verdict in the Gerald Stanley trial, but if the reaction to those suggestions was any indication maybe they thought that wasn't the best time.
 

Eryngium

kiwifarms.net
Natives are already a sub race of gibsmedats, nobody should be surprised they want special treatment.
Natives are one situation where I actually understand their anger and hatred.

Caucasians came to the native land with diseases, shot them up, stole their land, got them addicted to firewater leading to a shit ton of cases of fetal alcohol syndrome and abusive parent that would span generations, then we put them in special schools away from the public eyes where they were commonly both physically and sexually abused (not even counting mental trauma), and take a bit more and more land of theirs every year, while they rape and murder themselves on reserves with nothing but drugs and shattered culture.
 
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Exigent Circumcisions

I can smell youuuuu.... you smell niiiiice....
kiwifarms.net
Caucasians came to the native land with diseases,
That was entirely unintentional, nobody had a germ theory and by the time the pilgrims came back the majority of the damage was done.
shot them up, stole their land,
They gave as good as they got; hell, Europeans traded them guns for furs and other shit. Also, you can't steal property from people who have no concept of private property. They didn't own the land because they were nomadic.
got them addicted to firewater leading to a shit ton of cases of fetal alcohol syndrome and abusive parent that would span generation,
This is where you're edging dangerously into the kind of racism that even shitlords like me start objecting to. Got them addicted? They wanted firewater, Europeans wanted furs and other things. Trades were made, people were happy. Some people can't handle their liquor. The trick is to avoid drinking it, not blame the bartender.
then we put them in special schools away from the public eyes where they commonly both physically and sexually abused (not even counting mental trauma)
Again, would you rather Europeans wrote them off as a bunch of ineducable savages unfit for civilization and assimilation? Do we have any evidence at all that they suffered more brutally than other children in boarding houses around the Commonwealth? I've heard some tales.

and take a bit more and more land of theirs every year, while they rape and murder them selves on reserves with nothing but drugs and shattered culture.
They're raping and murdering themselves. They're humans with agency. Maybe they should leave the Rez? Nah, blame whitey, that's easier and solves literally nothing.

I'm not trying to call you an asshole or anything, just giving my opinion. You seem nice. :heart-full:

Further in the thread somebody made the claim that Natives did have a concept of private property. Maybe so; I guess for my purposes I was speaking more of the concept of private, permanent land ownership. Obviously they might have considered the clothes on their backs and their personal tent to be their property, that seems to align with what I know about people in general. I can see now that I was just making the 'no private property' argument to try to circumvent the "Europeans stole it" argument.

So I'll re-address the claim that Europeans "stole" their land this way; No, we FOUGHT over the land, just like man has fought over territory since time out of mind and will continue to do so. And to the victor go the spoils. There's a reason we call them the First Nations to begin with; they weren't a unified cultural institution from coast-to-coast like Canada is now... well, more or less. They were fighting each other for territory with varying degrees of success and continued to do so even after it was obvious that Europeans were the greater threat.
 
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Alec Benson Leary

Creator of Asperchu
Christorical Figure
kiwifarms.net
That being said, I really don’t like how some people are more concerned about how potential murderers will be affected than their victims. If indigenous men are really killing indigenous women at such a high rate, that’s something that needs to be addressed. Don’t give them a pass because of their shitty life circumstances, that’s no excuse for murder.
It's a sad example that such people believe reinforcing a racist narrative will magically make the problem solve itself. The first nations men who commit murder are noble savages, surely the only circumstance in their lives that leads them to violence is that the wolkfolx haven't been playing the numbers game correctly. It's dismissive of the way drugs and prostitution affect these communities and it's incredibly condescending.
 
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