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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Education
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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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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