Guiding recommendations

Recommendation 4: Create education materials and training:

1. For Indigenous Peoples, about the Code and BCHRT processes;
2. Within the BCHRT, to develop cultural competency and safety among BCHRT staff and tribunal members;
3. For the general public, through a proactive campaign to highlight specific areas of discrimination faced by Indigenous Peoples.

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.

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.

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.

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).

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.

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.

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.

Hearings

Recommendation 41: Incorporate Indigenous Peoples (as tribunal members or as co-appointed decision-makers).

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.