Why Femicide Inquests are Important
For 16 Days of Activism Against Gender-Based Violence, DWS and other Yukon organizations working to prevent violence are creating spaces for learning more about how GBV works and what prevention can look like.
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Why it’s important to engage the inquest process
by Aja Mason and Pamela Cross
written October 2022
Inquests provide an opportunity for a public examination of a death in the context of looking for system changes that could prevent similar such deaths in the future.
As we have learned from the work of various provincial domestic violence death review committees, most domestic violence homicides are both predictable and preventable. While there is, of course, individual responsibility for these deaths, there are many consistent systemic factors. Despite knowing what these are through the work of death review committees, little systemic change has been undertaken.
Holding inquests into acts of femicide would bring these issues and factors to the attention of the public, lead to the development of recommendations for the changes that are needed and educate the public about the problem of gender-based violence. These purposes fit squarely within the factors the chief coroner must consider when deciding whether to call an inquest (see below).
Feminist and violence against women organizations meet the criteria both to call for an inquest and to seek standing (see below).
Legislative framework
The role of coroners, including the holding of inquests, is governed at the provincial/territorial level. While the statutes vary from one jurisdiction to another, they are similar in all parts of the country.
As set out in the Yukon’s Coroners Act, most recently amended in 2021, inquests fall under the authority of the chief coroner.
Purpose of inquests
The chief coroner may call an inquest to determine the facts and circumstances of a death. Through this process, the jury answers five questions:
● Who died?
● When?
● Where?
● What was the medical cause of death? (e.g. gunshot wound, strangulation, etc.)
● What was the manner (natural, accidental, homicide, suicide, undetermined) of death?
The inquest jury can also make recommendations for changes to prevent similar deaths in the future, These recommendations are non-binding.
When an inquest is called
The chief coroner is required to call a death in some circumstances, including when the death occurred while the person was in the custody of the RCMP.
In order to determine whether to hold an inquest in other situations, the chief coroner must consider a number of factors after reviewing the investigation report prepared by the investigating coroner. These include:
● Whether there is public interest in knowing about the circumstances of the death
● Whether an inquest would make “dangerous practices or conditions” public and facilitate making recommendations to avoid preventable deaths
● Whether an inquest would educate the public about dangerous practices or conditions to avoid preventable deaths.
A family member of the person who has died or another interested person may request that an inquest be held by writing to the Minister of Justice, whose decision about whether or not an inquest should be held is final.
Participating in an inquest
Inquests are open to the public and the media. Anyone can apply to the chief coroner to have standing if:
● They are a person or an agency with substantial or direct interest in the inquest
● They may be affected by potential recommendations
● They want to take an active and official part in the proceedings
Individuals or organizations granted standing at an inquest may represent themselves or hire a lawyer to represent them. They will be included in the inquest preparations as well as the inquest itself. They can call, examine and cross-examine witnesses.
Inquest process
Once the chief coroner has made the decision to hold an inquest, they appoint a presiding coroner to lead the process.
Before the inquest begins, the sheriff’s office summons a panel of potential jurors who are questioned by the presiding coroner to determine whether they are unbiased and suitable for the inquest. Six jurors are selected from the panel.
Witnesses are called and examined and cross-examined by the coroner’s office and any parties with standing. Witnesses must:
● Prove they are qualified through their experience and training
● Have their credentials verified by the presiding coroner
● Be acceptable to all those with standing and the coroner’s lawyer
The presiding officer chooses evidence in a few ways:
● All parties with standing decide that the information is required in order to present the issues to the jury
● Families of the deceased provide input on witnesses, expert evidence and the issues they would like addressed
● Parties with standing are provided with a compilation of all information gathered from the investigation
At the conclusion of the proceedings, the jury deliberates and returns with its verdict, which includes answers to the five questions and, if the jurors feel it is appropriate, recommendations. The Chief Coroner has the task of overseeing implementation of the non-binding recommendations.
Political advocacy suggestions
Because of the national media attention that has been focused on the Renfrew County inquest in Ontario, this is a good time to raise the importance of inquests into femicides elsewhere in the country.
Advocacy strategies could include:
● Create a working group to lead the advocacy
● Develop your arguments and evidence to support those arguments
● Speak with the present coroner to hear their position and understand why there might be resistance to the idea, then amend your arguments if necessary
● Consider speaking with family members of women who have been killed to see if they will support your advocacy
● Write to the Minister of Justice to ask for an opportunity to discuss the issue
● Engage the support of opposition MLAs, starting with those you know support your work
● Engage the public through op eds/letters to the editor about why inquests should be called into acts of femicide
Helpful links
Aja Mason has been coordinating research projects for over 10 years, both in academia and in the not-for-profit sector.
Using grounded research methods and an intersectional lens, Aja leverages the processes and outcomes of her research collaborations to promote systemic and structural change. As co-author of “Never Until Now: Survey of Indigenous & Racialized Women Mine Workers Yukon & Northern British Columbia (2021)”, “Taxi Safety Survey Report (2022)”, and project coordinator for the Yukon Advocate Case Review project, Aja demonstrates her connection to her community through her continued commitment to research that promotes social justice.
Her diverse educational background includes a B.Sc. in Neuroscience and Philosophy of Science, a diploma in Northern Sciences, and she is currently completing an M.A. in Interdisciplinary Studies. She has participated in several model Arctic Councils with an emphasis on using science and research as a tool for diplomacy, and is the recipient of numerous awards including two ACUNS awards for her northern-focused research. She has sat on the Boards of Victoria Faulkner Women’s Centre, the NGO Hub Society, and is currently a Commissioner for the Yukon Human Rights Commission.
Born and raised on the traditional territories of the Carcross/Tagish First Nation and Kwanlin Dün First Nation, Aja brings a queer, Yukon-grown and interdisciplinary perspective to her work.
Pamela Cross is a feminist lawyer; a well-known and respected expert on violence against women and the law for her work as a researcher, writer, educator and trainer. She works with women’s equality and violence against women organizations across Ontario.
One of her key roles is as the Legal Director of Luke’s Place Support and Resource Centre in Durham Region, where she leads the organization’s provincial projects, including research, training and advocacy.