Abstract

In this paper I consider if the BC human rights tribunal holds promise for Indigenous peoples or is best understood as Trojan horses that absorb the energies of people who have experienced discrimination and as state-centered institutions which are unable to engage with Indigenous values and practices. The data are derived from an examination of all decisions given by the British Columbia Human Rights Tribunal to sort out those brought by or against Indigenous people, interviews with tribunal members and human rights lawyers with tribunal experience, an examination of a seminal case, Radek, and published studies of Indigenous awareness of and attitude towards tribunals. I argue that the tribunal process fails Aboriginal peoples on several grounds and very few cases result in final decisions. But, significantly, the tribunal allows for transformational cases that substantively change the circumstances for Indigenous people of the province.

Key words:
Indigenous; law; human rights; ethnography