Beyond R v Pickton; Exploring Systemic Injustice, Victim Vulnerability and Gaps Within the Canadian Legal System

Clare Bamford
Feb 25
6 min read

By Clare Bamford

https://www.hitched2homicide.com/post/the-pig-farmer-killer

The details of serial killer Robert Pickton’s murders are prolific in Canadian history. The case is disgusting, vile and graphic, with the harm inflicted on both victims, their families and the broader community being irreparable. The impact of this case extends past the community, having a lasting effect on the Canadian legal system, Indigenous rights and sex worker rights. The case highlights the correlation between marginalized groups and the adequacy of police work, spotlighting issues that have since led to legal change, national inquiries and overall community recognition.

Robert Pickton was a pig farmer in Port Coquitlam, British Columbia, who was charged with the murder of 26 women and convicted of 6. He claims to have murdered 49 women, even stating he was hoping to make it 50. These murders spanned from approximately 1978 to 2001, with the number of disappearing women slowly increasing throughout those years.

The majority of these women hailed from Vancouver's Downtown Eastside, an area marked by high rates of poverty, substance use and abuse, and sex work. The Downtown Eastside served as hunting grounds for Pickton, as he would often go and offer women money and drugs, sometimes in exchange for sex. Over time, Downtown Eastside residents noticed that women were disappearing without a trace. Rumours swirled that a serial killer was to blame, and women began to walk in groups. Disappearances continued but the police did not immediately look into them, refusing to admit that a serial killer might be at work.

The stigma surrounding sex work was largely to blame for the lack of police presence at the beginning of the investigation. Sex workers were viewed as “transient”, and the police assumed that they would show up eventually, which was not the case.

The police had several missed opportunities to catch Pickton. In one instance, a woman escaped the Pickton farm after he attempted to handcuff her to a pole. She both stabbed and was stabbed by Pickton multiple times in her attempts to escape, eventually making it to the road and waving down a car, which called an ambulance. Pickton went to the same hospital to get treated, where staff discovered the key to unlock her handcuffs in his pocket. He was charged with attempted murder, assault with a weapon and forcible confinement, but the charges were eventually dropped. This was largely in part because the woman was deemed an uncredible witness due to drug addiction.

In early 1999, an informant told police that a close friend of Pickton's had seen multiple articles of women's clothing, IDs and purses at the Pickton farm. It was the second time this informant, who worked for the Pickton’s, had attempted to contact the police. At this point, the police had begun an investigation after pressure from the community was building to investigate the disappearances. However, the police could not obtain a search warrant on hearsay alone; they needed an eyewitness report or physical evidence to search the farm.

The police were able to obtain a search warrant after a former truck driver for the Pickton farm told the RCMP that there were illegal guns on the property. When police raided the farm they found illegal guns, alongside clothing, shoes, jewellery, and even prescriptions that were prescribed to some of the missing women.

Pickton was charged with 26 counts of murder. He later revealed to an undercover police officer in his cell that he had murdered closer to 49 women. The crime scene was the largest in Canadian history, with crime scene techs taking over 200,000 DNA samples.

Pickton was only charged with 26 counts of murder because only 26 women could be identified with evidence found at the farm. In the end, Pickton was found guilty of 6 counts of second-degree murder and was sentenced to life in prison, with the possibility of parole after 25 years. The prosecutors didn't try Pickton on the last 20 because less evidence existed to prosecute them, and he was already receiving the maximum sentence.

The trial of Robert Pickton and further analysis of the case revealed gross failures by authorities. Primarily analyzed was the prejudice by the police against sex workers and Indigenous women, who made up the majority of his victims. However, the impact of this trial extended far past the families and communities of those murdered; it informed national inquiries and Canadian legislation.

The Pickton case was extremely influential in the passing of Bill C36, resulting from the findings in the Supreme Court case of R v Bedford. In this case, three sex workers challenged the three Criminal Code offences relating to sex work, claiming they were unconstitutional and violated section 7 of the Charter, the right to life, liberty and security of person. The offences were Section 210; prohibition on keeping or being in a “bawdy” house for purposes of prostitution, Para. 212(1)(j); prohibition on living on the avails of prostitution and para 213 (1) (c); prohibition on communication in public for the purposes of prostitution.

Previous to Bedford and during Robert Pickton’s reign, prostitution was legal, but these provisions prevented women from participating in it safely. The court found that the offences infringed on sex workers' rights to security of person, as they prevented the women from taking necessary steps to protect themselves.

The objective of para. 212 was to target pimps and their exploitative nature. However, it didn't distinguish between pimps and security, criminalizing them all and making it illegal for sex workers to have security, accountants, receptionists and other legitimate business personnel to ensure safety.

Section 210 was found to be grossly disproportionate in its serious impacts on sex workers' safety because it prevented “moving indoors”, forcing sex workers to work in dangerous conditions. In the Downtown Eastside, section 210 shut down the operation of Grandma’s House, a safe house for sex workers that operated while Pickton was active. Its operators were charged with operating a bawdy house. Instead of accomplishing its aim of preventing nuisances in the community, sex workers were put back on the street in dangerous conditions, while a serial killer prowled.

In response to Bedford, Bill C-36 was passed by Parliament based on the findings of the Supreme Court of Canada in the trial. Under this new model of sex work law selling sex is legal, however, the purchasing of sex is not. The overarching goal of this model is to reduce the demand for sex work, and ultimately abolish it. However, this model has limitations and safety implications that should be further analyzed by the government.

The trial of Robert Pickton also illuminates the wider issue of Missing and Murdered Indigenous Women and Girls in Canada, as many of Pickton's victims were Indigenous. In 2010, the B.C. government conducted an inquiry into the gross failure of the police department in the investigation (or lack thereof) of disappearing women in the Downtown Eastside. This revealed an inadequate police investigation that was fuelled by prejudice against sex workers and systemic racism against Indigenous women.

Indigenous women are one of the most marginalized groups in Canadian society, facing disproportionate rates of poverty, substance abuse, violence and racism. These vulnerabilities stem from the intergenerational trauma within Indigenous communities, fuelled by systemic colonialism and the violence faced within the residential school system. These systemic factors made Indigenous women more vulnerable to victimization by Pickton and can help explain the inept police work of the Vancouver Police Department.

This case does not inform the vulnerabilities of all Indigenous women. However, it does speak volumes on how systemic racism and colonialism create vulnerability, how perpetrators can easily capitalize on this vulnerability, and how systemic racism impacts the likelihood and adequacy of police investigations into cases involving Indigenous women.

Further, the inadequacies of the Vancouver Police Department highlight the lack of police resources when the victim of a crime is not the “perfect victim”. Society is horrified when the “perfect” victim goes missing, such as an individual who is white, somewhat successful, or a child. These cases get media coverage, social support and most importantly, police resources. Serial killers prey on the vulnerable which is why racial and sexual minorities are often the targets, as well as the impoverished, drug-addicted or those who participate in high-risk activities such as sex work.

This is not to negate the challenging nature of solving crimes and the hard work done by police agencies. Although cases can be complex, the chances of solving a case are increased by swift initial action by police. Perpetrators capitalize on victim vulnerability, with slow police responses allowing them more time and higher success rates. This was key to Pickton's success in the Downtown Eastside, aiding his ability to murder many women before police began to investigate.

The recent death of Pickton in May of this year has stirred up memories for the communities and family members affected by his crimes. The victims are often forgotten in sensationalized cases, with the focus placed on the perpetrator and the heinous nature of their crimes. Many families of Pickton's victims are still left without restitution. 20 victims remain whom Pickton was charged with murdering, but not convicted, despite physical evidence proving their presence at his farm. Not to mention, Pickton bragged about murdering 49 women total, leaving 23 families still unaware of what happened to their daughter, mother and friend.

Victim vulnerability is imperative to the legal sphere. It informs the creation of laws to protect society's most vulnerable and shapes police practices. The failures of the police in the Pickton case specifically address the unique vulnerabilities faced by sex workers, Indigenous people and women. By addressing shortcomings and gaps within the justice system, we can move toward legal frameworks that adequately protect marginalized communities and ensure equal access to justice for all.