04) NATIVE WOMEN'S ASSOCIATION REJECTS OPPAL'S "INDEPENDENT COUNSEL"

Vancouver, BC, Sept. 6, 2011 - The Native Women's Association of Canada has rejected the decision of Commissioner Oppal to appoint "independent counsel" to represent Aboriginal women at the Missing Women Commission of Inquiry.

     NWAC is effectively shut out of the Missing Women Commission of Inquiry as a result of the Clark government's decision not to provide funding for organizations granted standing to participate in the Inquiry. In contrast, the two police departments and multiple levels of government who have standing at the Inquiry will each be represented by publicly funded legal counsel.

     President Corbiere Lavell said, "The `independent counsel' arrangement does not give Aboriginal women real representation at the Inquiry. It does not remove the discrimination inherent in our exclusion, but rather adds to it."

     Now Aboriginal women are only be able to provide suggestions to the "independent counsel", but there is no obligation for this lawyer to follow the advice of Aboriginal women. The "independent counsel" is free to develop her own objectives and strategies.

     None of the interactions between the "independent counsel" and Aboriginal women are confidential, as she may be required to disclose all information from these conversations to the Commission or other parties.

     And, if the "independent counsel" says or does something with which Aboriginal women disagree, or fails to do her job in a manner that represents the interests of Aboriginal women, we have no recourse.

     NWAC provides no comment on the personal qualifications or experience of the lawyers appointed by Commissioner Oppal. The concern we are raising is the inability of the "independent counsel" to enter into a solicitor‑client relationship with either individual Aboriginal women or the organizations that represent them. Aboriginal women need to be able to give binding instructions and confidential information to our own legal counsel.

     The "independent counsel" was not chosen by Aboriginal women, NWAC points out, nor is she authorized to speak on their behalf.

(The above article is from the September 16-31, 2011, issue of People's Voice, Canada's leading communist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)