National Inquiry into Enquête nationale Missing and Murdered sur les femmes et les filles Indigenous Women and Girls autochtones disparues et assassinées National Inquiry into Missing and Murdered Indigenous Women and Girls Truth-Gathering Process Part III Expert & Knowledge-Keeper Panel “Racism” Chelsea Hotel, Churchill Ballroom Toronto, Ontario Part III Volume VIII Monday June 11, 2018 Panel I: Intersections between Racism and 2SLGBTQ issues Albert McLeod, Two Spirited People of Manitoba (2SPM) Fallon Andy, Knowledge-keeper & Advocate Heard by Chief Commissioner Marion Buller & Commissioners Brian Eyolfson & Qajaq Robinson ___________________________ INTERNATIONAL REPORTING INC. 41-5450 Canotek Road, Ottawa, Ontario, K1J 9G2 E-mail: [email protected] – Phone: 613-748-6043 – Fax: 613-748-8246 II APPEARANCES Aboriginal Women’s Action MiKenze Jordan(Representative) Network Assembly of First Nations Julie McGregor (Legal Counsel) Stuart Wuttke (Legal Counsel) Assembly of Manitoba Chiefs Joëlle Pastora Sala (Legal Counsel) Association of Native Child Sarah Beamish (Legal Counsel) and Family Service Agencies of Josephine de Whytell Ontario (ANCFSAO) (Legal Counsel) Awo Taan Healing Lodge Society Darrin Blain (Legal Counsel) Battered Women’s Support Angela Marie McDougall Services (Representative) Anemki Wedom(Representative) Canadian Association of Chiefs Ashley Smith(Legal Counsel) of Police(CACP) Director of Criminal and Penal Anny Bernier(Legal Counsel) Prosecution (Quebec) Easter Door Indigenous Natalie Clifford Association (Legal Counsel) Families for Justice Suzan E. Fraser (Legal Counsel) Government of Alberta Doreen Mueller (Legal Counsel) Government of British Columbia Rachel Holmes(Representative) Government of Canada Nancy Azzi (Legal Counsel) Marie-Eve Robillard (Legal Counsel) Government of Ontario Julian Roy(Legal Counsel) Catherine Rhinelander (Legal Counsel) Government of Manitoba Samuel Thompson(Legal Counsel) Government of New Brunswick Heather M. Hobart (Legal Counsel) III APPEARANCES Government of Newfoundland and Chad Blundon (Legal Counsel) Labrador Government of Saskatchewan Macrina Badger (Legal Counsel) Government of Yukon Jeanie Dendys (Representative) Valerie Royle (Representative) Independent First Nations Sarah Beamish (Legal Counsel) Josephine de Whytell (Legal Counsel) Iskwewuk Ewichiwitochik Darlene Okemaysim-Sicotte (Representative) ITK – Inuit Tapiriit Kanatami Elizabeth Zarpa (Legal Counsel) Manitoba Keewatinowi Jessica Barlow (Legal Counsel) Okimakanak (MKO) Native Women’s Association of Virginia Lomax (Legal Counsel) Canada NunatuKavut Community Council Roy Stewart (Legal Counsel) Inc. Ontario Native Women’s Christina Comacchio Association (ONWA) (Legal Counsel) Robert Edwards (Legal Counsel) Cora-Lee McGuire-Cyrette (Representative) Courtney Skye (Representative) Pauktuutit, AnânauKatiget Beth Symes (Legal Counsel) Tumingit, Saturviit, Ottawa Inuit Children’s Centre, and Manitoba Inuit Association Regina Treaty Status Indian Erica Beaudin (Representative) Services, Inc. Saskatchewan Association of Katrina Swan (Legal Counsel) Chiefs of Police IV APPEARANCES Thunder Bay Police Services Tiffany O’Hearn Davies (Legal Counsel) Treaty Alliance Northern Nishnawbe Aski Nation Deputy Ontario / Nishnawbe Aski Grand Chief Anna Betty Nation / Grand Council Treaty Achneepineskum # 3 – Krystyn Ordyniec (Legal Counsel) Steffanie Petroni (Representative) Catherine Cheechoo (Representative) Shirley Sutherland (Representative, Nishnawbe Aski Nation Women’s Council) Bertha Sutherland (Representative, Nishnawbe Aski Nation Women’s Council) Amanda Byrd (Law Student) West Coast LEAF (Legal Raji Mangat (Legal Counsel Education and Action Fund) Winnipeg Police Service Kimberly D. Carswell (Legal Counsel) Women’s Legal Education and Karen Segal (Legal Counsel) Action Fund Carly Moore (Articling Student) V TABLE OF CONTENTS Truth-Gathering Process Part III Volume VIII Panel I: “Intersections between Racism and 2SLGBTQ issues” Chair: Christa Big Canoe (Commission Counsel) Second Chair: Francine Merasty (Commission Counsel) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Counsel: Christa Big Canoe (Commission Counsel) Witness: Fallon Andy, Knowledge-keeper & Advocate Counsel: Christa Big Canoe (Commission Counsel) Heard by Chief Commissioner Marion Buller & Commissioners Brian Eyolfson & Qajaq Robinson Grandmothers, Elders, Knowledge-keepers & National Family Advisory Circle (NFAC) members: Micah Arreak (NFAC), Reta Blind, Cynthia Cardinal (NFAC), Lorraine Clements (NFAC), Bonnie Fowler, Norma Jacobs (Knowledge-keeper / NFAC), Charlotte Jacobs (NFAC), CeeJai Julian (NFAC), Valarie King, Myrna Laplante (NFAC), Naulaq Ledrew, Barb Manitowabi (NFAC), Pauline Muskego (NFAC), Laurie Odjick (NFAC), Paul Shilling, Senator Constance Simmonds, Leslie Spillett, Audrey Siegl, Waasaanasee (Government of Ontario), Laureen “Blu” Waters, Bernie Poitras Williams Clerk: Maryiam Khoury Registrar: Bryan Zandberg VI TABLE OF CONTENTS PAGE Opening Ceremony 1 ALBERT MCLEOD, Affirmed 43 Examination in-Chief by Ms. Big Canoe 43 FALLON ANDY, Affirmed 94 Examination in-Chief by Ms. Big Canoe 94 Cross-Examination by Ms. McGuire-Cyrette 146 Cross-Examination by Ms. Fraser 154 Cross-Examination by Ms. Zarpa 162 Cross-Examination by Ms. Pastora Sala 168 Cross-Examination by Ms. Sicotte 174 Cross-Examination by Ms. de Whytell 179 Cross-Examination by Ms. Ordyniec 185 Cross-Examination by Ms. Beamish 191 Cross-Examination by Ms. McGregor 197 Cross-Examination by Ms. Lomax 202 Cross-Examination by Ms. Thomas 214 Cross-Examination by Ms. Beaudin 220 Cross-Examination by Ms. Clifford 226 Cross-Examination by Ms. Blaney 232 Cross-Examination by Mr. Stewart 238 Re-Examination by Ms. Big Canoe 243 Questions by Chief Commissioner Buller 245 Questions by Commissioner Eyolfson 248 Questions by Commissioner Robinson 254 VII LIST OF EXHIBITS NO. DESCRIPTION PAGE Panel 1: Intersections between Racism and 2SLGBTQ Issues 1 Résumé of Albert W. McLeod (three pages) 47 Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 2 “Pronouns” by Roger Roulette, Ojibwe language 57 specialist dated September 7, 2017 (one page) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 3 Powerpoint slideshow entitled “Two-Spirits: A 66 Lasting Legacy” (19 colour slides) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 4 Article “Native Ethics and Rules of Behaviour” by 73 Clare C. Brant, M.D., Canadian Journal of Psychology Volume 35, August 1990 (pp. 534-539) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 5 “Safe and Caring Schools for Two Spirit Youth: A 78 Guide for Teachers and Student” by Maddalena Genovese, Davina Rousell and The Two Spirit Circle of Edmonton Society (2011) ISBN: 978-0-9810494-0-3 (39 pages) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 6 “Suicide Prevention and Two-Spirited People,” First 83 Nations Centre, National Aboriginal Health Organization (2012), ISBN: 978-1-926543-79-6 (20 pages) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel VIII LIST OF EXHIBITS NO. DESCRIPTION PAGE 7 Two-Spirited People of Manitoba media release 88 “Two-Spirit Human Rights Rally at AFN Special Assembly,” Winnipeg Manitoba, December 8, 2014 (one page) Witness: Albert McLeod, Two Spirited People of Manitoba (2SPM) Submitted by Christa Big Canoe, Commission Counsel 8 CV of Fallon Andy (four pages) 99 Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 9 Community List for LGBTTQQIA people (one page) 110 Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 10 Report of the United Nations High Commissioner for 115 Human Rights “Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity,” November 17, 2011, A/HRC/19/41 (25 pages) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 11 United Nations Human Rights Council Resolution 119 27/32 “Human Rights, sexual orientation and gender identity,” October 2, 2014, A/HRC/RES/27/32 (two pages) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 12 Memoir “A Body Like a Home” by Gwen Benaway, May 30, 134 2018 (24 pages) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 13 “A Letter to Cisters” by Stephanie Jewel, 2018 142 (eight pages) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel IX LIST OF EXHIBITS NO. DESCRIPTION PAGE 14 Master’s thesis “Reimagining Two-Spirit Community: 143 Critically Centering Narratives of Urban Two-Spirit Youth” by Dana L. Wesley, Department of Gender Studies, Queen’s University, April 2015 (124 pages) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 15 Powerpoint entitled “Zaagidiwin Inakinogewin” 265 (25 slides) Witness: Fallon Andy Submitted by Christa Big Canoe, Commission Counsel 1 OPENING CEREMONY 1 Toronto, Ontario 2 --- The hearing starts on Monday, June 11th, 2018 at 3 8:13 a.m. 4 MS. SHERI DOXTATOR: (Speaks in Oneida). 5 Good morning, everyone. My name is Sheri Doxtator. My 6 spirit name is Travelling Woman, and I am of the People of 7 the Standing Stone, Onyota’a:ka, on the Thames, just 8 outside