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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Criminal justice system
Guiding recommendations
Recommendation 6: Increase the training for and number of lawyers available to support Indigenous Peoples in bringing human rights complaints, with an emphasis on Indigenous lawyers.-
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Incorporate Indigenous laws
Recommendation 11: The BCHRT, working in concert with the Canadian Human Rights Tribunal, could approach other human rights agencies to institute an Indigenous ombuds office across jurisdictions, per the recommendation of the MMIWG2S Inquiry.-
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- Access to justice ,
- Decolonization and Indigenous rights ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous issues in policing and justice ,
- Missing and murdered Indigenous women, girls, Two-Spirit, and LGBTQ2SIA+ people ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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Addressing systemic racism
Recommendation 22: Develop a baseline of information and understanding of the racism that Indigenous Peoples experience so that individual complainants are not put to a process of proof again and again. Advance research or statements about common areas of discrimination experienced by Indigenous Peoples. This would operate similar to judicial notice of facts that are beyond dispute, as encouraged by the Supreme Court of Canada in cases such as Williams, Gladue, and Ipeelee.-
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Need for legal representation
Recommendation 48: Encourage the creation of regional, or circuit, human rights clinics to both educate and assist Indigenous Peoples in filing and carrying through human rights claims. Explore options for clinics or workshops that operate regionally over time so lawyers can stick with a case, including potentially working with the three BC law schools. Clinics should be led by leading Indigenous counsel and provide representation to Indigenous Peoples, individually and collectively.-
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