TORONTO – Today, the Ontario Human Rights Commission (OHRC) released its Policy statement on Indigenous-specific hiring (policy statement) to provide guidance primarily to non-Indigenous employers on how to appropriately hire for Indigenous-specific positions, while meeting their obligations under Ontario’s Human Rights Code (Code).
“Widespread reports of false claims to Indigenous identity is concerning, particularly in hiring. This supports the need for respectful processes which honour Indigenous identities,” said Patricia DeGuire, Chief Commissioner, Ontario Human Rights Commission. “Thus, guided and supported by the Commission’s Indigenous Reconciliation Advisory Group, this Policy statement on Indigenous-specific hiring was created, to guide meaningful steps which ensure that hiring processes for Indigenous-specific positions are protected from exploitation.”
Indigenous people continue to face the ongoing effects of colonialism, systemic inequalities, and discrimination, and under-representation in many different areas of life, including employment. Human rights law in Canada allows for special employment and special programs, including hiring practices, to help address ongoing disadvantage and discrimination. This policy statement provides an overview of how these measures are protected under Canadian and international law and provides recommended steps for appropriately and effectively implementing Indigenous-specific hiring practices.
Grounded in historical, cultural, and legal contexts, the policy statement, along with its supplemental context guidance, offers employers guidance on hiring for Indigenous-specific positions while meeting Code obligations. Also, in the documents, there are discussions on vital concepts concerning Indigenous identity, such as the right of Indigenous peoples to self-determination and the persistent impacts of colonialism on this right, and the documents clearly outline how and why employers should work with local Indigenous peoples and organizations to develop culturally safe and adequate processes to confirm claims of Indigenous identity.
The Commission encourages all organizations seeking to create inclusive workplaces, to read the policy statement and use the accompanying guide. These resources can help ensure that hiring practices respect the rights of Indigenous people, uphold the principles of Indigenous sovereignty and self-determination, and contribute to a more just and equitable society.
Quick Facts
- The OHRC’s 2023-25 Strategic Plan, identifies Indigenous reconciliation as one of its five priorities. This policy statement was developed in alignment with the OHRC’s commitment to work together with Indigenous communities to identify and advance human rights priorities and actions.
- The policy statement was developed at the request of, and in consultation with the Indigenous Reconciliation Advisory Group. This group is made up of representatives from diverse First Nations, Inuit, Métis and urban Indigenous communities and organizations. They provided valuable advice to the OHRC based on their substantive knowledge of the discrimination and inequality experienced by Indigenous peoples. The Commission acknowledges and appreciates this group’s significant contributions and guidance.
- In addition, the policy statement responds to non-Indigenous employers’ need for guidance on how to appropriately hire for Indigenous-specific positions under the Code and to the widespread reports of alleged Indigenous identify fraud.
- The policy statement is accompanied by a context guide. This document provides additional information about the historic and modern context surrounding the policy statement and explores concepts such as the collective right of Indigenous peoples to self-determination.
The Policy statement of Indigenous-specific hiring and context guide are now available on the OHRC website. We encourage all Ontarians, especially employers to review the documents and to actively participate in reconciliation efforts with Indigenous peoples.
Media contacts:
Nick Lombardi
Senior Strategic Communications Advisor
Ontario Human Rights Commission
Email: nick.lombardi@ohrc.on.ca