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Recommendation 33:
Track and report on claims made by Indigenous Peoples that are rejected at the application stage or under s. 27, or sent back for further detail and not pursued. An analysis of the claims that are procedurally weeded out may reveal where further action or training is necessary.
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Recommendation 34:
Institute an internal process for screening at first filing, and in s. 27 applications, by staff specifically trained in the issues Indigenous Peoples face as an immediate remedial measure, as so few Indigenous complaints are filed or advance.
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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.
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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.
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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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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.
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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.
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Recommendation 5:
Identify and remove procedural barriers within the BCHRT.
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Recommendation 3:
Increase the number of Indigenous Peoples at all levels of the BCHRT, including staff, tribunal members and contractors.
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Recommendation 2:
Advocate to add Indigenous identity as a protected ground to the Code. Current grounds of discrimination under the Code (including based on race, colour, ancestry or religion) do not adequately address the discrimination Indigenous Peoples report experiencing. This would send a message of inclusion and reflect the individual and collective nature of Indigenous human rights.
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