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Missing Women's Commission avoiding lack of Aboriginal representation: lawyer

The former independent counsel* for Aboriginal interests at the Missing Women's Commission of Inquiry says Commissioner Wally Oppal and the council for the commission are opting to personally attack her instead of addressing the lack of Aboriginal witnesses at the inquiry.

Robyn Gervais, the former independent counselor* who announced her resignation from the commission in a press release yesterday, and then formally to the commission this morning, has cited the failure of the commission to support and hear from the Aboriginal community and its decision to focus heavily on police witnesses as her reason for leaving.

"Part of the problem was that it was mostly police witnesses that were being put on the stand, so you can only get so much evidence about the relationship between Aboriginal people and police from police officers, you need to hear from Aboriginal people, and that wasn't happening," Gervais told The Tyee.

"When I did put this proposal forward for two panels and four days of hearing time I was given one day of hearing time, when so far there's been 39 days of police evidence on the record."

Gervais left before that day, which was scheduled for April 2, because she believed it should have happened long before the inquiry's last three weeks, especially since it could have inspired other witnesses to come forward.

The Tyee contacted the Missing Women's Commission of Inquiry's media person but has yet to hear back.

David Eby, executive director of the B.C. Civil Liberties Association, blogged about Gervais' public resignation during the inquiry this morning, which Gervais' says is an accurate portrayal of what happened.

"I am very disappointed," said Commissioner Oppal, who reminisced about the time he gave Ms. Gervais career advice, and told her he had always supported her. He reminded her that three of the witnesses to date had incidentally been aboriginal, two family members and sex worker advocate Jamie Lee Hamilton, who is Metis. Gervais' reply that no witnesses were called to speak specifically about Indigenous experiences in reporting to police was not met with enthusiasm.

Commissioner Oppal then said that her suggestion (although she had suggested no such thing) that police witnesses not be called, or be barred from the room, was not how the Inquiry process worked.

Commissioner Oppal then finished, without irony, saying all Gervais had to do was to make an application to him for her witnesses.

"I would feel better if the commissioner and the commission counsel had addressed the actual concerns as opposed to trying to attack me on a personal basis and trying to prove me wrong. I feel that is counterproductive," Gervais says, adding that she did not advocate for police not being part of the commission, but that the Aboriginal voice was needed to discuss the relationship between the two groups.

Gervais wouldn't comment on how her absence would affect the outcome of the inquiry, or speculate on what that outcome would be.

"I'm just going to say that I don't think that Aboriginal interests were adequately represented, and I didn't feel that they could be with the amount of time left in the hearing," she says.

The Missing Women's Commission of Inquiry into the investigation of the death and disappearance of women from Vancouver's Downtown Eastside between January 23, 1997 and February 5, 2002 continues. You can watch a live feed of the inquiry here.

Katie Hyslop reports for The Tyee and The Tyee Solutions Society.

*Corrected from "council" and "councilor" March 7, 2012


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