To Dig or not to Dig…

The field of policing is rich with irony and the irony in this story will become readily apparent with the telling. The subject of this blog, besides being ironic deals with the more precise issue of when politicians feel the need to interfere with police investigations and judicial processes. It is an obvious fact that politicians have a dangerous habit of dabbling in investigations. When they undertake something they are not supposed to do, they always remember to preface their actions by extolling the virtues of an independent investigational arm, one free of influence or interference, and in compliance with the Canadian constitution.They even boldly proclaim that in no way would they be associated to any strong-arming of the police to meet any political agenda.

The Federal Liberals seem to have reached a new low in terms of maintaining a pretence of an independent investigational arm. The Emergencies Act was a recent example where the politicians not believing what they were being told by the police, in fact not even asking the police, took arbitrary actions to to rid themselves of those politically embarrassing and unruly western outsiders. They self-declared them radicals and terrorists, in essence, to bring in and legally support the Act itself.

Currently in Manitoba, at the Prairie Green landfill site just outside of Winnipeg, the Federal government, the Assembly of Manitoba Chiefs, and the relatively new NDP Provincial government led by Indigenous Premier Wab Kinew have decided that they needed to get involved in a police investigation and a court process. They are telling the Province and therefore the Police that they need to excavate the site to possibly recover two missing Indigenous women, both believed to have been murdered. It would seem like a simple ask, but of course, the facts are a little more complicated, especially from a homicide investigators perspective.

Earlier, a Federally commissioned report said that any excavation of the privately held landfill site, which contains 712 tons of asbestos, a significant health hazard, would require an examination of 60,000 tons of material to be searched and that it would cost in the area of $184 million to complete. A massive expenditure for any level of homicide investigation. The search, as indicated earlier, was to be focused and based on the possibility of the bodies of Morgan Harris and Mercedes Myran having been disposed in the landfill site by the suspect. The search was also not “guaranteed to succeed”.

Logistics aside, the most relevant factor in this discussion is that Crown counsel has already layed four charges of 1st degree murder against Jeremy Skibicki, 36, for the killing of all four women. The jury trial is in fact set to begin in April 2024. In other words, the Crown and the police are ready to proceed without it being necessary to find the two bodies. An experienced guess would be that the police and the Crown have some form of confession from Skibicki before approving and now proceeding with those charges. So the excavation of the landfill is not necessary to proceed criminally, and therefore the best argument that remains for carrying out this massive examination of the landfill site is that of giving some sort of “closure”. The Manitoba government, who have legal jurisdiction had decided that the cost and the health risks involved did not warrant excavation of the site. Of course that is not where the decision ends.

The debate to exhume the landfill site has gained significant media coverage– only and simply because this is an indigenous issue. The local Indigenous have been vocal, protesting, tying it to reconciliation, saying that the government is systemically racist, and joining it to the perpetual conversation that emanates from the Missing and Murdered Indigenous women and girls Inquiry. They have a website and two separate protest encampments set up demanding the site be excavated.

The Liberal political hacks in Ottawa, sensing opportunity, echoed their support for the Indigenous protest group, and a day after the new Premier Kinew was elected, the first Indigenous Premier, miraculously announced $740,000 for the Long Plain First Nation to do another feasibility study on possible excavation of the landfill. The Assembly of Manitoba Chiefs then teamed up with , Investigative Solutions Network (who advertise themselves as “North Americas Leading Private Security and Investigative Services firm), and a company called Maskwa an Indigenous business which specializes in training for “emergency response” and offers “training services”–and together they issued a clearly self-serving feasibility report.

They now estimate the cost to be half of what was previously suggested, that it would only take $90 million, and then in small print say that the figure could go up. This also based their estimate on the work being completed in one year, a rather unlikely scenario. Their report demands “intervention from both the Manitoba Premier’s office, and the Federal government to close gaps and bureaucratic systems to ensure “immediate funding” for an excavation of the site. Their conclusion– if the funding was not provided, that by not going ahead: that it would “risk setting precedent that would be serial killers fixated on killing First Nations women are left with an impression that not only will the bodies not be recovered, but the inaction will effectively obstruct recovery of victims”. Their reasoning is clearly flawed and clearly the authors have no idea how killers behave or seek out their victims.

The Feds when they filed their initial report stated that it would take at least 6 months to prepare and train staff before they began the excavation; cost them $1200 a day for an anthropologist, $1800 a day for elders, search technicians, and up to $3600 per day for a project director. Make no mistake, any search of this scope would be, for some, a very profitable business undertaking.

The proponents point to the successful excavation of the Pickton pig farm in Coquitlam, British Columbia as an example that they could follow. Just for the record, the farm in that case was started in February 2002 and went into November 2003, cost about $70 million, and there was a possibility that there was evidence of 49 women having been killed there. There was no asbestos at this site.

Meanwhile, on the far side of the country in Kamloops British Columbia, at the site of the Tkemlulps te Secwepemc residential school, ground zero for two years of allegations of “cultural genocide” and the site of where 215 children are allegedly buried in a “mass grave”– not one piece of earth has been moved. The site which spurred headlines around the world, where ground radar examination was heralded and duplicated in many sites around the country, the site which spurred flags at half mast for over six months, and led to the Federal government ponying up $320 million for future explorations — not one shovel has been put in the ground. So the evidence which could be laying 3′ to 6′ underfoot, and an investigation which is in the hands of the Band itself (The RCMP have embarrassingly, but at the same time brilliantly, washed their hands of the investigation) –nothing has been done to forensically examine and identify the “victims”.

To be fair, the Indigenous groups in their public pronouncements have since the allegations began, walked a long way back from the initial cries of “mass graves”, which stirred up images of murder and chummed the media. They now talk about the “physical, sexual, psychological, and emotional abuse” that was unleashed on these children. Despite some mellowing of the narrative, at the same time the Justice Minister is considering a recommendation from the Special Interlocutor Kimberly Murray. She believes there should be laws brought in, to make it a criminal offence for residential school “denialism”. She compares it once again to the deniers of the Holocaust and feels that people should be charged criminally for “downplaying what happened in the institutions”. She called denialism the last step in “genocide”.

There are many members of the Band that never want an exhumation of the site, but Chief Casimir has said that they are now beginning to do “some of the archaelogical work” some two years after the fact. It seems that it is becoming increasingly obvious that the Kamloops site is not about exhumation, nor about investigation. It is about preserving a specific and particular narrative. The site in Winnipeg is being sanctioned because it is a continuation of the narrative. If and when you forensically examine a site is clearly a political decision in this country in these two cases, not an investigative one.

I am sure you can see the irony now.

Photo courtesy of Flickr Commons –Some Rights reserved