Guiding recommendations

Recommendation 6: Increase the training for and number of lawyers available to support Indigenous Peoples in bringing human rights complaints, with an emphasis on Indigenous lawyers.

Incorporate Indigenous laws

Recommendation 11: The BCHRT, working in concert with the Canadian Human Rights Tribunal, could approach other human rights agencies to institute an Indigenous ombuds office across jurisdictions, per the recommendation of the MMIWG2S Inquiry.

Addressing systemic racism

Recommendation 22: Develop a baseline of information and understanding of the racism that Indigenous Peoples experience so that individual complainants are not put to a process of proof again and again. Advance research or statements about common areas of discrimination experienced by Indigenous Peoples. This would operate similar to judicial notice of facts that are beyond dispute, as encouraged by the Supreme Court of Canada in cases such as Williams, Gladue, and Ipeelee.

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.

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.

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).