Public Inquiries and Law Reform Institutions: “Truth Finding” and “Truth Producing”

Abstract

This article examines how the Murdered and Missing Indigenous Women and Girls Inquiry (MMIWGI) will be evaluated and what it means for its design and ambitions. It argues that a public inquiry, like a law reform body, must aim to be a “truth-finding” body as well as a “truth-producing” enterprise. It must understand itself as wanting to create the right leverage so that meaningful changes can occur, irrespective of whether its recommendations are immediately adopted or not. It can accomplish such a goal by having a process that becomes the message, by ensuring that it does not get derailed, and by proposing recommendations that set the stage for change, such as addressing the accountability vacuum and aiming to design a process that models the values and behaviour that it wants other institutions to adopt. In this case, the MMIWGI's process must be grounded in strong reconciliation values that reflect an ethic of care that is responsive to families' needs, respects Indigenous laws, Nation-to-Nation dialogue, elders and traditional knowledge keepers, and work towards fairness for all, transparency, and independence. It should be alert to the risks of unfairness or excessive time or money that may decrease public support. Its recommendations should focus on gathering data, accountability mechanisms for under-policing, engaging multiple audiences in the transformative agenda, and presenting a bold vision of Indigenous women and girls' safety. The message is that the MMIWGI must challenge itself to be an instrument of change for the future—it is not an end in itself. The MMIWGI will be a “truth-finding” inquiry, it must also become a “truth-producing” vehicle.