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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Human rights institutions
Hearings
Recommendation 38: Hold hearings in spaces that are culturally safe for Indigenous complainants. Though appropriate spaces will vary by Indigenous cultures, examples could include Band offices, friendship centres, cultural spaces at universities, or land-based venues.-
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Hearings
Recommendation 39: Ask participants what culturally appropriate practices they would like to include in hearings, such as smudging the room, swearing on an eagle feather, or sitting in a circle.-
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Hearings
Recommendation 40: Ask if there are cultural supports that are needed during the hearing process. This could include elders, witnesses, or other culturally relevant people which may vary according to the culture of the applicant.-
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Hearings
Recommendation 41: Incorporate Indigenous Peoples (as tribunal members or as co-appointed decision-makers).-
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Hearings
Recommendation 42: Ask participants if there are any Indigenous protocols for how information or evidence may be offered or shared that they would like to incorporate.-
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Website
Recommendation 43: Develop a website using plain and easily accessible language to provide Indigenous Peoples with information and to guide them through stages of the application process. The website should feature case-based examples, specific to Indigenous Peoples; short videos to illustrate the BCHRT process; and a guide to help people through the BCHRT process.-
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Need for legal representation
Recommendation 44: Advocate, perhaps with the Office of the Human Rights Commissioner, Indigenous political organizations and legal advocacy organizations, for legal representation at the filing stage through to resolution, for Indigenous claimants.-
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Need for legal representation
Recommendation 45: Explore options to support greater access to justice for Indigenous Peoples in this area, including Indigenous human rights legal aid funding, administered by the Legal Services Society or a similar organization, to support Indigenous Peoples in making and advancing claims.-
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Need for legal representation
Recommendation 46: Partner with other organizations (such as the Office of the Human Rights Commissioner, CLEBC, law schools, Indigenous and legal organizations) to provide bootcamps and other training opportunities for lawyers or law students about Indigenous Peoples’ human rights. This case-based education should address the different elements in bringing a case: What is discrimination on prohibited grounds? Where are examples of evidence? Does the fact that no one witnessed an event mean that no case for discrimination can be brought? Training should include systemic features and intersectionality of the discrimination that Indigenous Peoples experience based on race and gender, geographic and socio-economic status, etc.-
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Need for legal representation
Recommendation 47: Provide student opportunities, such as articling or summer jobs for Indigenous law students to increase practitioners in this area.-
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