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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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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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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Gatekeeping function
Recommendation 33: Track and report on claims made by Indigenous Peoples that are rejected at the application stage or under s. 27, or sent back for further detail and not pursued. An analysis of the claims that are procedurally weeded out may reveal where further action or training is necessary.-
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Gatekeeping function
Recommendation 34: Institute an internal process for screening at first filing, and in s. 27 applications, by staff specifically trained in the issues Indigenous Peoples face as an immediate remedial measure, as so few Indigenous complaints are filed or advance.-
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Plain language
Recommendation 35: Use plain language, easily understood by the average person with a grade five education, when communicating with complainants. Review communications, including forms and template letters, to ensure that they use plain language.-
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Time limits
Recommendation 36: Provide public education for Indigenous Peoples that complaints should be filed at the same time that a complainant is pursuing internal or informal processes because the BCHRT time limits are strict.-
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Time limits
Recommendation 37: Assess time extension requests with a trauma-informed lens and consider any circumstances Indigenous applicants raise tied to Indigenous traditions or ways of approaching conflict (such as attempts at relationship repair or restoration).-
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