Difference between revisions of "Protections (Legal Information for Indigenous People)"
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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. | 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: http://www.bchrt.bc.ca | The Human Rights Tribunal has a website with very helpful information: [http://www.bchrt.bc.ca www.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" | “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 IHRC Booklet] | ||
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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* Indigenous protocols, such as an elder or smudge | * Indigenous protocols, such as an elder or smudge | ||
* Indigenous ways to deal with the complaint. | * 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: | 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: | ||
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For more info or to book an appointment visit: | For more info or to book an appointment visit: | ||
* https://www.bchrc.net, or | * [https://www.bchrc.net www.bchrc.net], or | ||
* call: 604-622-1100; Toll free: 1-855-685-6222 | * call: 604-622-1100; Toll free: 1-855-685-6222 | ||
{{Legal Information for Indigenous People Navbox}} | {{Legal Information for Indigenous People Navbox}} | ||