Chapter 3

Missing and Murdered Indigenous Women in the Case of Canadian Robert Pickton

Leigh-Anne Cui

But no one knew who she was. No one was reported missing who might be this victim […] The woman remained ‘Jane Doe’ and her skull would rest in a box in a police evidence locker for seven more years. (, 2011)

Indigenous women belong to one of the most marginalized communities in Canadian society, and the number of missing and murdered Indigenous women in is also disproportionately high compared to non-Indigenous women (Oppal, 2013). Indigenous women struggle with social and economic disadvantages, such as poverty, substance addiction, mental health issues, and racism. These factors make them more vulnerable to victimization (Ursel, 2001). A discussion of missing and murdered Indigenous women, using the case of Robert Pickton’s serial in ’s , will serve to examine how racism and sexism led to the extreme apathy of the Vancouver Police Department (VPD). Subsequently, the proposal of an alternate universe in which a compassionate police force works without bias for every person may reveal how earlier acknowledged missing person reports may have prevented the deaths of numerous innocent women from the hands of a serial killer.

Robert Pickton, “The Pig Farmer Killer”

Robert William Pickton was a Canadian serial killer who was convicted of the second-degree murders of six women, although he was originally charged with 27

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The Forensic Science Alternate Universe counts of first-degree (R v Pickton, 2010). He owned a pig farm in Port Coquitlam, east of Vancouver, . Throughout the 1970s to 1980s, most of British Columbia’s sex workers and people suffering from homelessness and drug addiction were concentrated in Vancouver’s Downtown Eastside, as it was the only place where they were welcome and could afford to live (Cameron, 2011). This is where Pickton regularly visited in the early 1980s, to dump discarded animal parts at a rendering plant nearby. He was fascinated by the biker bars, clubhouses, and women, and began picking up sex workers and bringing them back to his pig farm. It was also during this time that women, many of whom were Indigenous, began to go missing. The first was Linda Grant, in 1984, followed by many more as the years went on (Cameron, 2011). By 1989, a group of the victims’ friends and families and advocates for sex workers had come together to lobby the police for investigation on the missing women, but without any effect. Vancouver police failed to initiate an investigation of any kind for the reports of the missing women. Police knew that an unusual number of women were going missing, but were uninterested in their disappearances because they were sex workers. Police do not prioritize searches for missing sex workers, especially if they are Indigenous, simply because their lives are not viewed to be as valuable as those of middle-class white women or men (Lee & Reid, 2018). Therefore police apathy, along with high victimization rates of Indigenous women and sex workers, contributed to the high body count on the Pickton farm. It was not until 2002 that police obtained a warrant to search Pickton’s property for firearm violations, where they found human remains and personal belongings of the missing women (Cameron, 2011).

High Rates of Victimization among Indigenous Women and Sex Workers

Vulnerability of Indigenous Women in Canada

Victimization among Indigenous communities is extremely high in Canada, as Indigenous people, particularly women, are much more likely to suffer from domestic abuse, violence, and drug addiction. According to Brzozowski and colleagues (2006), simply being an Indigenous person significantly increases one’s likelihood of being vulnerable to violent crimes (3.5 times more likely than non-

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Missing & Murdered Indigenous Women: The Case of Robert Pickton

Indigenous women). One explanation is the ‘trauma theory’, which states that the recent victimization of Indigenous peoples by the Canadian government (i.e., through residential schools, forced removal of children from their families, etc.) creates trauma that is passed down from generation to generation. This leads to increased social disorder in Indigenous communities (Ursel, 2001). These social disorders include domestic abuse, violence, drug and alcohol addiction, and suicide, which are all factors that contribute to one’s level of vulnerability (Ursel, 2001). A study by Cohen and colleagues (2009) compared cases of Indigenous and non-Indigenous missing persons in British Columbia. In the sample examined by the researchers, Indigenous persons were significantly overrepresented in missing person cases where foul play was not ruled out. Most Indigenous women studied in this sample were struggling with addiction (86.8 percent), and nearly one-third were dealing with homelessness. In addition, Indigenous people were reported missing to the police on average 590.9 days after they were last seen, compared to 249.1 days for non-Indigenous people (Cohen et al., 2009). Victimization is also highly under-reported among these marginalized groups. In the context of Canada’s colonial history, there exists a chronic strained relationship between the Indigenous peoples and authority, due to their marginalized status (Brzozowski et al., 2006). In a survey regarding police performance that was administered to both Indigenous and non-Indigenous respondents, it was found that Indigenous people were less likely to give police a good rating for actions such as treating people fairly, ensuring the safety of citizens, and responding promptly to calls (Brzozowski et al., 2006). This can be attributed to the fact that Indigenous people are more likely to experience discrimination from the police. The authors reviewed surveys regarding individuals’ perceptions of experiences of discrimination based on characteristics such as race, ethnicity, and sex (Brzozowski et al., 2006). Results indicated that Indigenous respondents reported more experiences of discrimination when dealing with the police compared to non-Indigenous respondents (7% higher). The nature of various surveys used to collect data on missing persons has not been inclusive of people of Aboriginal identity. For example, the Homicide Survey is a survey by Statistics Canada which collects police-reported data on types of homicide cases and characteristics of the victims and accused. A question to indicate whether one is of Aboriginal identity, however, had not been included in

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The Forensic Science Alternate Universe the survey until 1997 (Statistics Canada, 2017). Before the implementation of this question, Aboriginal identity was largely indicated as ‘unknown’ for about half of all victims of homicide, meaning that the actual number of victims of Aboriginal identity is likely underreported by police services (Statistics Canada, 2017). Therefore, there exists a significant lack of awareness about Indigenous victimization, which may lead to discrimination from authority, institutional bias, and public indifference.

Vulnerability of Sex Workers

Sex workers have always been easy targets of serial killers due to their movement between police jurisdictions and unregulated areas, as well as the stigma associated with sex work (Lee & Reid, 2018). In the missing persons of BC comparison study by Cohen and colleagues (2009), more than three-quarters of missing Indigenous women in the sample were sex workers. FBI research has shown that the murders of sex workers can be hard to solve, based on the covert nature of their activities and daily interaction with numerous strangers. These factors, along with negative biases about their ‘risky lifestyle’, make it difficult to obtain any critical information related to their disappearance (Cohen et al., 2009).

What Failed the Missing and Murdered Women: Institutional Bias and Police Apathy

Pickton targeted those known as the “less dead”, referring to victims of murder whose cases are not investigated by the police and not covered by the media (Cameron, 2011). This is often because of their marginalized backgrounds. For example, individuals of racial and ethnic minorities, sex workers, and individuals suffering from mental health issues, poverty, and/or addiction (Oppal, 2013). The Vancouver Police Department (VPD) had a long history of apathy against murder cases involving prostitutes due to the stigma associated with sex work. As a result, missing sex workers were often seen as “throwaways” and police made no efforts to investigate (Cameron, 2011). Even when pressured by families of the missing women, Vancouver police often tried to come up with reasons not to investigate, such as a changed identity to run away and start a new life, a possible marriage, or even suicide (Cameron, 2011).

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Missing & Murdered Indigenous Women: The Case of Robert Pickton

The Report of Missing Women Commission of Inquiry of 2013 lists multiple critical failures of the police. The failures identified in the report include poor report-taking and follow-up on reports of missing women, failure to adhere to Major Case Management guidelines and policies, and failure to consider and pursue investigative strategies (Oppal, 2013). An example of the above-listed failures was shown in the case of one of Pickton’s victims, Sandra Gail, in 1997. Gail fought for her life after Pickton handcuffed and stabbed her multiple times, and she was able to run away and get to a nearby emergency room, with the handcuff still attached to her wrist (Cameron, 2011). She informed investigators that Pickton had attacked her back at his pig farm in Coquitlam, BC, and Pickton, who was also being treated for stab wounds inflicted during the fight, was found with keys to the handcuffs by doctors at the hospital. After learning that Gail was a sex worker with a history of drug use, police declined to follow up on the case and chose not to pursue any criminal charges against Pickton (Lee & Reid, 2018). This example is just one of the many times the Vancouver Police Department failed to do anything about the missing women in the Downtown Eastside, simply because of their identity and occupation. Another example of police apathy in the Pickton case was the VPD’s reluctance to acknowledge the possibility of a serial killer in BC and subsequent failure to stop a series of murders. In fact, the Police Inspector, Fred Biddlecombe, insisted that it was a waste of time to consider and expend resources on a serial killer investigation (Cameron, 2011). The Report of Missing Women Commission of Inquiry refers to a review that identifies various challenges in police investigations of serial predators, including the police’s inability to manage large amounts of information and unwillingness to admit the presence of a serial killer in their jurisdiction (Oppal, 2013). Although these challenges were indeed present in the Pickton case, the Vancouver Police had plenty of resources and opportunities to begin an investigation. For instance, in 1991, the Royal Canadian Mounted Police (RCMP) created Project Eclipse, in which a team of profiling experts collaborated and brainstormed potential serial killer profiles for the missing women of the Downtown Eastside (Cameron, 2011). They analyzed and sorted prostitute disappearances into groups, based on the various linkages between them, and indicated to the VPD that there was at least one potential serial killer responsible for the numerous disappearances of these women. The VPD chose not to start an investigation, because of time and resource costs, sheer laziness, and most of all,

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The Forensic Science Alternate Universe

Project Eclipse failed to change their biases about sex workers and Indigenous women (Cameron, 2011).

Alternative Timeline – A Compassionate Police Force

This timeline uses the recommendations made by W.T. Oppal in the Pickton inquiry, “Forsaken: the report of the Missing Women Commission of Inquiry”, to create an alternate scenario in which the Vancouver Police Department was a compassionate police force that treated everyone equally, without discrimination or biases. In the alternate timeline, when Linda Grant, Pickton's first known victim, went missing in 1984, Vancouver police adhered to proper policing standards when dealing with missing person reports. Vancouver Police understood that there should be no barriers to reporting a missing person, that it was their responsibility to accept the report, and that they should begin investigations right away (BCPPS 5.1 Missing Persons Investigations, 2016). The missing person report of Grant was taken by the VPD Missing Persons Unit directly, rather than being passed on to them by the Communications Centre as it was in the original timeline (Cameron, 2011). This ensured that there were no barriers to reporting a missing person and that report-taking was prompt and efficient. Proper report-taking allowed the police to have all the necessary information needed to proceed with the investigation, and minimized the time delay between the disappearance and the report of the disappearance (Oppal, 2013). Upon receiving the missing person report of Grant, police treated the case with a sense of urgency and began the investigation right away. The initial investigation consisted of interviewing the reporter(s), to obtain information such as the time and date Grant was last seen, the clothing she was wearing, and whether she was seen with someone shortly before she disappeared. Police then made basic database entries and searches (e.g., police databases, welfare records, etc.) to see if more information about Grant could be obtained (Oppal, 2013). Police also dispatched officers to Grant’s last known residence to interview possible friends, family, and acquaintances (Oppal, 2013). Vancouver Police then conducted prompt follow-up investigations, instead of allowing gaps (that lasted up to years) in the investigation, as they did in the original case. Police conducted more interviews with the missing person’s family,

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Missing & Murdered Indigenous Women: The Case of Robert Pickton friends, and associates, and followed up on tips about potential suspects or persons of interest. They also distributed missing person posters throughout the community to generate possible leads and information (Oppal, 2013). In addition to conducting follow-ups for the purpose of investigation, police kept regular and frequent contact with the family members of the missing to provide them with adequate support and guidance through the trauma of having a loved one go missing. Although they were unable to locate a suspect initially, when two more women went missing in the following year, 1985, police were able to identify linkages between the cases due to effective report-taking and follow-ups, and they deemed Robert Pickton as a person of interest.

Initial Effect

By acting with compassion and treating every missing person equally, regardless of their race, ethnicity, gender, etc., Vancouver Police were able to conduct thorough investigations for the missing persons and locate the suspect. They promptly arrested Pickton and charged him, keeping his body count at three. The family members of the victims were able to receive closure for the death of their loved ones and did not have to deal with the trauma that comes with ambiguous loss. The families also kept their faith in the criminal justice system and police force.

Future Effects

Bringing a serial killer to justice restored the Downtown Eastside community’s sense of safety. It also gave Indigenous communities more faith in authority and the criminal justice system. The Pickton case brought to light the increased risk of harm to Indigenous women and sex workers, as well as the issue of overrepresentation of Indigenous women in Canada’s missing persons. As a result, police forces became more educated in the struggles of marginalized groups. They learned to tailor their response and resource-designation appropriately in missing person investigations, depending on each individual’s profile. The VPD’s handling of the Pickton case also prompted the province of British Columbia to make the procedures the VPD took into a set of general guidelines for future missing person cases. The guidelines were known as the British Columbia Missing Provincial

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The Forensic Science Alternate Universe

Policing Standards for missing person investigations. In reality, these guidelines were not established in BC until 2016, but in the alternate timeline, a compassionate police force would deem it appropriate and necessary to create these general guidelines so that missing person investigations could proceed more quickly and efficiently.

Conclusion

Police have a duty to enforce and maintain law and order and to prevent crime. Within an equality rights framework, they must remain impartial and provide service to everyone, regardless of their race, ethnicity, gender, or sexual orientation (Oppal, 2013). The Vancouver police failed to protect the lives of dozens of innocent women in the Robert Pickton serial murders, as a result of the racism and sexism embedded in Canadian culture and police forces. It is up to the police force and Canadian society to understand that Indigenous women are at an increased risk of harm and that they are significantly overrepresented in the number of missing and murdered women throughout Canada. In an alternate timeline, if a compassionate police force had been educated about the struggles of Indigenous women and sex workers as marginalized individuals and understood how their disadvantages contribute to their vulnerability to victimization, they may have been able to prevent the high body count on the Pickton farm.

References

Brzozowski, J., Taylor-Butts, A., & Johnson, S. Cameron, S. (2011). On the farm: Robert (2006). Victimization and offending among the William Pickton and the tragic story of Aboriginal population in Vancouver's missing women. Vintage Canada. Canada. Juristat, 26(3), 1–31. Cohen, I.M., Plecas D., & McCormick, A.V. Government of British Columbia (2016). BCPPS Comparison of Aboriginal and Non-Aboriginal 5.1 Missing Person Investigations. British Missing Persons in British Columbia Where Columbia. Retrieved [July 20, 2021] from Foul Play Has Not Been Ruled Out. (2009). https://www2.gov.bc.ca/assets/gov/law-crime- Centre for Criminal Justice Research, and-justice/criminal-justice/police/standards/5- University of the Fraser Valley. 1-missing-persons-principles.pdf Lee, J., & Reid, S. (2018). serial killers & their easy prey. Contexts (Berkeley, Calif.), 17(2),

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Missing & Murdered Indigenous Women: The Case of Robert Pickton

46–51. https://doi.org/10.1177/1536504218776961

Oppal, W. T. (2013). Forsaken: the report of the Missing Women Commission of Inquiry: executive summary. Missing Women Commission of Inquiry. British Columbia.

R v Pickton (2010), SCC 32 (CanLII). https://www.canlii.org/en/ca/scc/doc/2010/201 0scc32/2010scc32.html

Statistics Canada. (2017). Women in Canada: A Gender-based Statistical Report. (Catalogue number 89-503-X). Retrieved July 15, 2021 from Statistics Canada: https://www150.statcan.gc.ca/n1/en/pub/89- 503-x/2015001/article/14785- eng.pdf?st=i9DWIPlZ

Ursel, J. (2001). Report on domestic violence policies and their impact on Aboriginal people. Winnipeg: Aboriginal Justice Implementation Commission.

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