A father gathers strength to fight for MMIWG and MMIMB
By Kelly Anne Smith
WIIKWEMKOONG UNCEDED TERRITORY—John Fox is worried about being forced to drop a lawsuit against police.
John Fox Sr., a member of Wiikwemkoong Unceded Territory, has sent a call out to the chiefs to continue the legal fight to find justice for his daughter, Cheyenne Santana Marie Fox.
Cheyenne was 23-years-old when she died after falling from a 24-floor balcony in Toronto in 2013.
Fox believes that police were negligent in not responding to 911 calls before Cheyenne died. He feels the police announced Cheyenne’s cause of death as suicide without enough investigation and within hours of her dying. Fox still questions, “where was the due diligence?”
On behalf of his daughter’s estate, John Fox filed a $14-million statement of claim against the Police Services Board, and the Attorney General of Canada.
Fox says it’s been two years since any action has been taken on the case.
“It is in jeopardy now.”
Fox sent a letter dated December 20, 2018, to Indigenous leadership asking for support to continue the case Fox v. Toronto Police.
Fox’s determination has brought progressive change for sexual assault survivors. Fox adds he didn’t know it at the time, but Fox v. Narine, 2016 was a significant victory for women.
“The last time John Annen went to court was two years ago,” recalls Fox. “That was with the shelter. They were trying to dismiss the case there. The judge ruled against the shelter. He wants to see the court case rise to the next level.”
With his lawyer, John Annen, Fox took legal action against a women’s shelter where Cheyenne stayed. It was made two days after the two-year deadline for application.
The case allowed women to come forward with a sexual assault accusation at any time. Bill 132 – Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 – was soon implemented.
“They overturned the statute of limitation for sexual assault. It was taken out of the law books. Women can charge their abuser now. It doesn’t matter how long ago it happened,” said Fox.
On April 17, 2013, a perpetrator stalked Cheyenne from a tavern and trespassed into the women’s shelter.
“My daughter got raped at an Indigenous women’s shelter in Toronto. There was a video so everything was recorded. This was supposed to have been a safe place for women, but nobody intervened.”
The events that led to Cheyenne’s death are interconnected says Fox.
“My daughter was trafficked in Ottawa by human traffickers to work in the sex trade,” recalled Fox. “When she came to Toronto, they followed her. They had her working right up until she was at the shelter. She is a victim of human trafficking. She was at risk, trying to find herself and get a career for herself by going back to school. She was turned away when she needed immediate addiction counselling. It wasn’t hard to manipulate her to work for money. Like a lot of women today, they are poor.”
“My kids weren’t raised that way. They were raised in a very traditional environment. We went to pow wows. We went to ceremonies. We followed the Pipe. And all of our family danced.”
Fox has started writing a book.
“It’s called The Fire Within and should be released by the fall. It’s about Missing and Murdered Women, about my daughter specifically, right from the time I was a child growing up on the reserve. It’s a detailed history of when the kids were growing up. And MMIWG.”
“My mom never talked about going to residential school. My dad wasn’t around. My mom lost me to children’s aid when she started drinking. I’m a Sixties Scoop survivor, too.”
Fox says his life challenges have given him strength to continue on.
“When I get asked to speak somewhere, it’s a powerful speech. They know, I’ve been there.”
Fox says that it is a struggle to keep up the $200/month payment to retain his lawyer.
“The case is still going forward, but it’s in jeopardy because nobody wants to help out. It baffles me,” he noted. “I’ve done this work for a while. I just don’t understand why people aren’t getting behind this. There are huge issues here: Missing and Murdered Indigenous Women and Girls; justice; reconciliation and peaceful resolution.”
He is frustrated that the written appeal for support to Indigenous leadership has had zero response.
“I still haven’t heard from any community leader in regard to my letter released before Christmas.”
Like other parents who contacted him, Fox is disappointed supports weren’t put in place to attend the February conference on Missing and Murdered Indigenous Women and Girls.
“How could I sit there as a family member, even if mine was paid for, when no one else is able to attend? That’s not right,” stated Fox. “I’m fed up to my ears with all this. I’m going to deal with this. You should be expecting a long hot summer of action on Missing, Murdered Women and Girls and Missing, Murdered Men and Boys.”
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