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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Guiding recommendations
Recommendation 3: Increase the number of Indigenous Peoples at all levels of the BCHRT, including staff, tribunal members and contractors.-
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Increase Indigenous involvement within the BCHRT
Recommendation 12: Priority should be given to hiring or appointing Indigenous staff and tribunal members.-
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Increase Indigenous involvement within the BCHRT
Recommendation 13: Audit the current HR process to identify why Indigenous Peoples are not being recruited or hired. Provide specific training to HR staff on how to actively recruit and fairly assess Indigenous applicants. Seek specific mentoring advice from other organizations with higher Indigenous staff ratios about how to address this underrepresentation. The BCHRT should set yearly hiring targets for the first five years, and report on success in meeting those targets in annual reports.-
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Increase Indigenous involvement within the BCHRT
Recommendation 14: Audit the tribunal appointment process to identify why Indigenous Peoples are not applying or being appointed as tribunal members. Set specific recruitment and appointment goals for BCHRT Indigenous tribunal members.-
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Increase Indigenous involvement within the BCHRT
Recommendation 15: Implement options for part-time appointments to qualified Indigenous tribunal members, who may not be available full-time. This could provide a way to reflect Indigenous adjudicative and dispute resolution traditions within the tribunal’s expertise.-
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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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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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