Difference between revisions of "Protections (Legal Information for Indigenous People)"

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“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"
“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
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.
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.

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