Indigenous peoples

FAQ for Indigenous participants in BCHRT proceedings

Last updated: May 21, 2025

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What happens if I self-identify as Indigenous in my complaint or response form?

When you file your complaint (Form 1.1) or response (Form 2), you can self-identify as First Nations, Métis or Inuit under step 7 of the complaint or step 8 of the response. If you self-identify, you will be assigned a Case Manager of Indigenous Services.

The Case Manager of Indigenous Services assigned to your case will contact you early in the process to answer questions you have about the Tribunal and your complaint.

What happens if I do not self-identify as Indigenous in my complaint or response form?

If you do not check the box to self-identify as Indigenous, you will not be assigned a Case Manager of Indigenous Services, but you will have a Case Manager. Your Case Manager will not contact you early in the process with information about what to expect. Instead, the Tribunal will contact you when we have screened your complaint. The Tribunal will not automatically offer you an Indigenous mediator or ask if you wish to incorporate cultural protocols, but you may ask your Case Manager about including them later in the process.

What is the role of Case Manager of Indigenous Services?

A Case Manager of Indigenous Services is a Case Manager who has specific experience with and ties to Indigenous communities. They can provide an extra layer of cultural safety for Indigenous participants in our process. See Case Manager-Indigenous Services for more information about their role.

How do I get an Indigenous Mediator assigned to my mediation?

Tribunal mediators are able to work with all parties and mediate any complaint at  the Tribunal. They are trained in trauma-informed practice and are familiar with the Tribunal’s commitments to Indigenous Peoples. The Tribunal’s Mediation Policy addresses its commitment to a trauma-informed process in section 4 and to Indigenous justice, Truth and Reconciliation in section 5.

The Tribunal’s mediation roster includes Indigenous Mediators. An Indigenous participant may request that an Indigenous Mediator be assigned to their case.

If you want an Indigenous Mediator, follow these steps:

Notify the Case Manager of Indigenous Services as soon as you receive your first letter from the Tribunal. You can do this by email, phone or in person. If you do:

  • give your case number and case name;
  • give the date of your mediation if you have one; and
  • ask for assignment of an Indigenous Mediator for if your complaint moves to that stage.

How do I request an in-person mediation or hearing?

Mediations and hearings are usually held by phone or videoconference.   A person may request an in-person mediation or hearing. For Indigenous participants, this may include holding a mediation or hearing in their community. The Tribunal will work with the parties to meet -person considering its operational constraints, availability of facilities in the location proposed by the Indigenous party, and the location and views of the other parties. Where it is not possible for all or part of a hearing or mediation to be held in-person in a community, the Tribunal will work with an Indigenous participant on other options. This could include, for example, arranging a videoconference option at a venue in the participant’s community.

To request an in-person mediation or hearing, notify your Case Manager-Indigenous Services or Case Manager at least one month before the mediation or hearing starts.

When you make the request, give the date of the mediation or hearing, and say where you wish to hold the mediation or hearing.

What Indigenous cultural protocols can I ask for?

The Tribunal recognizes that BC is home to a wealth of different Indigenous communities, each with their own traditions and practices. For this reason, it is up to an Indigenous participant to identify what protocol they wish to incorporate. Examples are a smudge, an opening prayer, drumming, or a welcome.

Does the Tribunal provide the protocols?

When you identify the cultural protocol you wish to incorporation, the Tribunal can work with you to include a protocol you request. For example, the Tribunal may be able to arrange space for smudging or other spiritual practices. For a welcome or opening prayer, the Tribunal can adjust the time of the proceeding and work with the other party or parties to incorporate the protocol.

If you do not have access to a person who can provide the protocols, the Case Manager- Indigenous Services or Case Manager can refer you to organizations that may be able to support you in finding an appropriate person who can provide the cultural service you are looking for.

The Tribunal provides a protocol gift to those providing protocols.

How do I request to include cultural protocols in a mediation or hearing?

If you self-identified as Indigenous, the Case Manager- Indigenous Services assigned to your case will ask if you want to include Indigenous protocols in your mediation or hearing. Before a scheduled mediation or hearing, confirm with the Case Manager -Indigenous Services or Case Manager any protocols you want included in the process.

What if I want support from an Elder but do not have access to someone?

Your Case Manager- Indigenous Services or Case Manager can explore referral options with you to organizations that may be able to connect you with the support you need.

What is the role of an Elder in a mediation or a hearing?

An Indigenous party may wish to invite an Elder to participate in a mediation or hearing to provide support in the form of an opening prayer, a welcome, or drumming for example.

In mediation, an Indigenous party may also wish to have an Elder attend a mediation as a support person. A support person is not a representative, and they are not legal advocates. However, an Elder may speak on behalf of a Complainant to assist in bringing their perspective forward. A Mediator will work with a party and Elder to explain the boundaries of the role, including expectations around impartiality.

In hearings, an Indigenous party may similarly wish to have an Elder attend a hearing as a support person. An Elder would have a limited role in a hearing because of the need for procedural fairness.

How do I request an Indigenous-based approach to resolving the complaint?

The Tribunal offers free mediation services to parties. At mediation, a trained mediator works parties to find a party-led solution to the complaint, instead of a hearing. For complaints that do not resolve at mediation, the Tribunal convenes a hearing, where all parties put forward their evidence, and a Tribunal Member decides on a resolution to the dispute.

An Indigenous party may request a dispute resolution process that incorporates their Indigenous legal traditions and customs. The Tribunal cannot provide alternative processes. However, the Tribunal will work with the party requesting this to understand it and consider how it may be incorporated into the Tribunal’s process. Where it is possible to do so and all parties consent, the Tribunal will work with the parties to facilitate an alternative process. These requests must be made to the Tribunal a minimum of 2 months in advance of a scheduled mediation or hearing.

Where can I get legal help?

The Tribunal keeps an updated list of organizations that provide legal help with human rights issues in BC: bchrt.bc.ca/whocanhelp.

You can also ask your Case Manager-Indigenous Services or Case Manager for help to connect with one of these organizations.

Indigenous peoples