In January 2020, the BC Human Rights Tribunal published a report after hearing from 100 Indigenous people about how they experience the justice system. The report explains how the current system fails them and the need to work collectively towards greater justice through open dialogue, incorporating Indigenous legal definitions of human rights and mechanisms for ensuring fairness and freedom from discrimination.
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for
Indigenous Peoples
Addressing systemic racism
Recommendation 23: Develop guidelines and education about the intersectional discrimination Indigenous Peoples may face. Intersectional discrimination may be even more difficult to make out, and guidelines and education for how to do this should be provided.-
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Addressing systemic racism
Recommendation 24: Empower the ability for Indigenous organizations to file collectively, to advance claims on behalf of individuals, similar in context to a “human rights class action.”-
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Create an Indigenous specific stream within the BCHRT
Recommendation 25: Offer specialized training to BCHRT staff and tribunal members, starting with recommendations of the TRC, to reduce and eliminate procedural barriers that Indigenous Peoples face in accessing BCHRT services. The goal should be to develop cultural competency and safety.-
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Create an Indigenous specific stream within the BCHRT
Recommendation 26: Create the position of Indigenous Advocates or Navigators to help guide, support and coach Indigenous Peoples through the BCHRT process, and to help them address administrative barriers.-
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Create an Indigenous specific stream within the BCHRT
Recommendation 27: Create an Indigenous stream for following through with Indigenous Peoples’ complaints, from intake through to hearing.-
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Create an Indigenous specific stream within the BCHRT
Recommendation 28: Amend BCHRT forms to contemplate Indigenous Peoples, including Indigenous names, where a delay may be reflective of historic trauma, or to allow for exploration of options to resolve an issue, as required by Indigenous protocols.-
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Trauma-informed approach
Recommendation 29: Adopt a trauma-informed practice overall, including for assessing and accommodating delays or requests for extensions. The BCHRT staff and tribunal members should be provided with training on how trauma may impact Indigenous Peoples’ actions or interactions within the BCHRT system.-
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Clarify special exemption
Recommendation 30: Educate employers about s. 42. Education should highlight where a fair consideration of Indigenous applicants (for example, strongly weighing Indigenous knowledge and experience) does not require an exemption.-
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Settlement
Recommendation 31: Include Indigenous dispute resolution models, mediators and peacemakers in BCHRT mediation or settlement discussions. Consider use of co-mediation or joint processes involving Indigenous Peoples.-
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Settlement
Recommendation 32: Track and report upon instances where Indigenous Peoples settle complaints, and interview them after several months about their reasons for settling and their satisfaction with the resolution.-
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