Missing and murdered: Finding a solution to address the epidemic of missing and murdered Indigenous women in Canada and classifying it as a “Canadian genocide”

Abstract

Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only make up 4.3% of the population. Inquiries into this epidemic have shown that human rights abuses “historically . . . maintained today by the Canadian state,” have led to indigenous women facing levels of violence that should be classified as a genocide. Between 2001 and 2014, the rate of female homicide among indigenous women was four times higher than that for non-indigenous women. This epidemic continues to rise due to a pattern of racial and gender discrimination that is “designed to displace Indigenous Peoples from their lands, social structure and governance.” Without proper solutions in place, these historic human rights abuses will continue to worsen. The issue of murdered and missing indigenous women should be considered a “Canadian genocide,” which will require the international community to come together to find a collaborative solution. <br/ ><br/ >This Comment serves a dual purpose. First, it will discuss the history of violence and discrimination against indigenous communities in Canada and how it has subsequently played a role in missing and murdered indigenous women. Furthermore, it will inquire into actions taken thus far to investigate and understand the epidemic. Second, this Comment will discuss various solutions to address the issue of murdered and missing indigenous women, which should be considered a human rights violation due to the circumstances leading to a substantial amount of indigenous women being murdered in Canada.<br/ ><br/ >Part I broadly introduces the epidemic of murdered and missing indigenous women in Canada. Part II details the history of the indigenous population in Canada. Additionally, Part II discusses the role that sexual violence and human trafficking have played in the rate of murdered and missing indigenous women in Canada. Lastly, Part II outlines the current<br/ >state of murdered and missing Canadian indigenous women and the initial inquiries that have been put forth to bring attention to this issue. Part III discusses international law and the role that human rights plays in situations like this. Part IV places the problems that Canada is facing within the context of similar problems facing indigenous communities all over the world, indicating that this is developing into a global crisis. Part V highlights legislation that Canada has enacted to protect basic human rights for all Canadian citizens; however, the lack of rights specifically addressed to aboriginal people is apparent. Part VI illustrates the complicated jurisdictional issues facing Canada and how this intersects with tribal interests. Part VII discusses the various solutions that could be put in place to combat this epidemic as well as the ramifications of classifying it as a human rights violation. Lastly, Part VIII summarizes the injustices that indigenous women in Canada are facing and how the international community can collaborate to find a meaningful solution.