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Difference between revisions of "Protections (Legal Information for Indigenous People)"
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Protections (Legal Information for Indigenous People) (view source)
Revision as of 00:04, 16 February 2023
, 00:04, 16 February 2023→Human Rights
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==Human Rights== | ==Human Rights== | ||
Human rights are protected in BC by the BC Human Rights Code. The Code prohibits discrimination based on Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age. | |||
Discrimination means being treated badly because you have one or more of those characteristics. The Code protects against discrimination in five main areas of daily life: work, housing, public services, membership in unions or associations and publications. | |||
If you feel you have been discriminated against in one of those areas, you can make a complaint to the BC Human Rights Tribunal. The Tribunal is a special kind of court focused only on human rights issues. It can decide if discrimination has occurred, and order the party that is responsible for the discrimination to pay for any damage or harm they have caused. | |||
Filing a complaint to the Human Rights Tribunal will take some time. It will involve providing evidence (witnesses, documents) to support the claim, and participating in a hearing where evidence is presented and questions can be asked about the evidence. The Tribunal will make a decision at the end of the hearing. | |||
The Human Rights Tribunal has a website with very helpful information: https://.bchrt.bc.ca | |||
“While the BC Human Rights Code can’t address all the inequity and injustices faced by Indigenous people, it can be used to hold people and institutions accountable for discrimination.” – "Our Human Rights," BC Aboriginal Association of Friendship Centers and Community Legal Assistance Society" | |||
https://www.bchrc.net/wp-content/uploads/2021/06/IHRC_BOOKLET- June-17-2021.pdf | |||
The addition of Indigenous identity as a ground of discrimination differs from Aboriginal Rights as protected under s. 35 of the Constitution Act, 1982. Section 35 creates the opportunity to establish rights specific to an Indigenous community’s traditional practices (hunting, fishing etc.). Human rights are broader rights and something everyone has (like the right to discrimination free housing and health care). Indigenous identity as a ground of discrimination means you can bring a human rights claim on the basis of differential treatment due to your Indigenous identity. | |||
====BC Human Rights Tribunal==== | |||
If you are Indigenous, you can self-identify as Indigenous on the complaint form and ask the Tribunal to contact you. The Tribunal will call to discuss: | |||
* the process and process options, | |||
* Indigenous protocols, such as an elder or smudge | |||
* Indigenous ways to deal with the complaint. | |||
The Tribunal has mediators who can help the parties agree about how to solve the complaint. Mediation is voluntary. An Indigenous party can tell the Tribunal that they want: | |||
* a traditional ceremony before or after the mediation, such as a smudge, prayer, or song | |||
* an Indigenous mediator | |||
* an Indigenous dispute resolution approach | |||
The BC Human Rights Clinic, part of the Community Legal Assistance Society (CLAS), provides free legal help with human rights complaints. | |||
'''Contact:''' | |||
For more info or to book an appointment visit: www.bchrc.net or call: 604-622-1100 | |||
Toll free: 1-855-685-6222 | |||
https://.clasbc.net | |||