Coordinating human rights responses across jurisdictions

Recommendation 21: The BCHRT should discuss with the Canadian Human Rights Commission (CHRC) a coordinated process for sorting jurisdictions between the federal and provincial bodies when Indigenous Peoples bring a human rights complaint. An agreement to triage claims between the CHRC and BCHRT would assist Indigenous complainants.

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.

Addressing systemic racism

Recommendation 23: Develop guidelines and education about the intersectional discrimination Indigenous Peoples may face. Intersectional discrimination may be even more difficult to make out, and guidelines and education for how to do this should be provided.

Addressing systemic racism

Recommendation 24: Empower the ability for Indigenous organizations to file collectively, to advance claims on behalf of individuals, similar in context to a “human rights class action.”

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 26: Create the position of Indigenous Advocates or Navigators to help guide, support and coach Indigenous Peoples through the BCHRT process, and to help them address administrative barriers.

Create an Indigenous specific stream within the BCHRT

Recommendation 27: Create an Indigenous stream for following through with Indigenous Peoples’ complaints, from intake through to hearing.

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.

Trauma-informed approach

Recommendation 29: Adopt a trauma-informed practice overall, including for assessing and accommodating delays or requests for extensions. The BCHRT staff and tribunal members should be provided with training on how trauma may impact Indigenous Peoples’ actions or interactions within the BCHRT system.

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.