Indigenous peoples

Indigenous peoples and human rights

Last updated: May 21, 2025

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Did you know you could file a complaint?

Anyone can file a human rights complaint. There is no fee. Over 10% of the people who file with the BC Human Rights Tribunal identify as Indigenous. 

Why would you file a complaint?

People have different reasons for filing a human rights complaint. One person may want an apology. Another may want to hold an organization responsible for discrimination. Another may want the discrimination to stop. Another may want compensation. Someone might file a complaint for all of these reasons.

Example: Deborah Campbell, an Indigenous mother, filed a human rights complaint. She saw the police arrest her son. The police did not answer her questions and roughly moved her aside. After a hearing, the Tribunal found that the police discriminated. The Tribunal ordered the police to:

  • stop the discrimination
  • train officers who engage with Indigenous people
  • pay Deborah Campbell for the expense of an expert
  • pay Deborah Campbell for injury to her dignity

What happens after you file a complaint?

When you file a complaint, you are the complainant. The organization you say discriminated is the respondent.

Case Managers – Indigenous Services

First Nations, Métis, and Inuit people can self-identify as Indigenous on the complaint form or complaint response form.

A Case Manager – Indigenous Services is a Case Manager with specific experiences with and ties to Indigenous communities. They can:

  • help guide Indigenous people through the Tribunal process
  • help Indigenous people address barriers in the process
  • talk about including Indigenous protocols, such as an Elder or smudge
  • tell you about legal and other supports that may be available

A Case Manager – Indigenous Services is not an advocate. They work with both parties in a complaint. They cannot:

  • give advice, represent, or advocate for a party
  • give support services
  • make decisions about the complaint, except for short extensions on submission deadlines and similar procedural issues

What to expect in the complaint process

First, the Tribunal reviews your complaint to see if

  1. you filed the complaint within 1 year of the discrimination
  2. the Tribunal can deal with the complaint
  3. the complaint describes discrimination under the Code.

Next, the Tribunal tells you if it will proceed with your complaint and if so, it will send a copy of your complaint to the respondent. The respondent can respond to a complaint in writing.

The parties have a choice to attend a mediation. At a mediation, a mediator works with you to find a solution to the complaint. An Indigenous party may ask for an Indigenous mediator.

If the parties do not agree on a solution, they start to get ready for a hearing. The first step is sharing documents about the complaint.

In some cases, the respondent may ask the Tribunal to dismiss the complaint without a hearing. If that happens, the complainant has a chance to respond.

At a hearing, the parties have witnesses and other evidence to show what happened.

After a hearing, the Tribunal decides if the respondent discriminated. If so, it will order a remedy.

Learn more:

How to file a complaint

You can file a complaint on your own or get legal assistance.

You may be able to get legal advice about filing a complaint, or help filling out your complaint or other forms. The Tribunal lists organizations that help with human rights issues. See: who can help

Where to file: Tribunal or Canadian Human Rights Commission

Usually, you file your complaint with the Tribunal.

In some cases, you must file your complaint with the Canadian Human Rights Commission. Examples include complaints against:

If you are not sure, you can file your complaint with both the Tribunal and Commission.

Time limit to make a complaint

File a complaint within one year of the discrimination, if possible.

If you file after the one year time limit, you can ask the Tribunal to accept your complaint when you fill out the complaint form.

Learn more about the time limit for filing a complaint.

Complete a complaint form

To file a complaint, complete a complaint form and send it to the Tribunal. You can file a complaint for:

  • yourself
  • another person, such as your child or Elder
  • a group or class of people.

Read How to describe discrimination in a complaint. 

For more information about filing a complaint, see

See Who Can Help for who may be able to help you fill out your form.

If you are worried about retaliation

The Human Rights Code protects you from retaliation. The Code prohibits retaliation if a person:

  • files a complaint or might file a complaint
  • is named in a complaint or might be named in a complaint
  • gives evidence or helps in a complaint, or might give evidence or help
  • takes part or might take part in an inquiry under the Code.

Examples of retaliation:

A manager disciplines a worker because the worker might file a complaint against the employer.

An employer refuses to hire someone they think is a “troublemaker”. The person filed a complaint against a former employer. This is the only reason the employer thinks they are a “troublemaker”.

Read more about protection from retaliation.

Other resources

See:

Expanding Our Vision: Cultural Equality & Indigenous Peoples Human Rights

Indigenous peoples