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Indigenous reconciliation

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Indigenous Reconciliation Advisory Group 

Indigenous Reconciliation is one of five strategic priorities of the Commission’s current Strategic Plan. To achieve the objectives of this priority, the Commission created and continues to meet regularly with the Indigenous Reconciliation Advisory Group (Advisory Group). The core purposes and functions of this Advisory Group are to provide expert input on policies, programs, and initiatives to ensure that they align with reconciliation objectives. The Advisory Group consists of individuals from diverse First Nations, Métis, and urban Indigenous communities and organizations, who understand the many ways Indigenous peoples in Ontario continue to experience systemic discrimination and inequality. 

At meetings in May 2025, October 2025, and February 2026, members provided valuable guidance on the effective dissemination of the OHRC Policy and Context Guide on Indigenous-specific hiring, and the Guide and Fact Sheets that address anti-Indigenous discrimination in retail settings. 

The Advisory Group members also shared information about emerging and ongoing human rights issues facing their communities. In addition, it offered feedback on a draft engagement report related to Indigenous-specific discrimination in healthcare along with other policies the OHRC is updating. 

By their generous sharing of time and knowledge, Advisory Group members continue to assist the OHRC in addressing the human rights priorities and needs of diverse First Nations, Inuit, Métis, and urban Indigenous peoples. 

The Advisory Group is:

Host: Chief Commissioner (Patricia DeGuire), and Policy, Education, Monitoring, and Outreach Branch

Members: 

  • Brian Eyolfson (Chair) OHRC Commissioner, and member of Couchiching First Nation     
  • Nancy Rowe, Knowledge Keeper, Mississaugas of the Credit First Nation     
  • Tim Bucci, Director of Justice, Six Nations of the Grand River; delegate Leidy Cano, Restorative Justice Manager   
  • Niki Hashie, Senior Director of Programs and Policy, Ontario Federation of Indigenous Friendship Centres; delegate Aleksandra Spasevski Senior Policy Coordinator  
  • Catherine Gull, Director of Nation Rebuilding, Mushkegowuk Council  
  • Lyndia Jones, Independent First Nations Health Director, Independent First Nations   
  • Coralee McGuire-Cyrette, Executive Director, Ontario Native Women’s Association; delegates Ingrid Green, Director of Research and Evaluation and Heather Cameron, Senior Advisor  
  • Jennifer St. Germain, Chief Strategy Officer, Métis Nation of Ontario; delegate Emily Ellis, Legal Counsel 
  • Maurice Switzer, Principal of Nimkii Communications, Citizen of Mississaugas of Alderville First Nation and former OHRC Commissioner  

Observers:   

  • Human Rights Legal Support Centre 
  • Indigenous Justice Division, Ministry of the Attorney General 

 

 

Combatting anti-Indigenous discrimination in healthcare 

During 2025–26, the OHRC completed in-person and online engagements with First Nations, Métis, and urban Indigenous health professionals, organizations and communities across the province to gain a better understanding of systemic challenges, potential solutions, and wise practices for creating a culturally safe and discrimination-free healthcare environment for Indigenous people. The OHRC also closed its online survey gathering information about lived experiences of discrimination. The OHRC will release a report summarizing what it heard during these engagements in 2026. 

A Working Group comprised of Indigenous individuals and organizations with specific knowledge of the healthcare context has been formed to advise and guide the OHRC in this work. 

Working Group Members

  • Joanne Borris, Manager of Family Well Being, Métis Nation of Ontario 
  • Julie Erbland, Policy Manager, Ontario Native Women’s Association 
  • Natalie Hill-Samardzic, Health Policy Analyst, Ontario Native Women’s Association 
  • Lyndia Jones, IFN Health Director, Independent First Nations 
  • Nicole Meawasige, Post Secondary Education Director, Ontario Federation of Indigenous Friendship Centres 
  • Teala Nadjiwon, Policy Advisor – Health & Wellness, Association of Iroquois and Allied Indians 
  • Dakota Recollet, Director, Indigenous Cultural Safety, Indigenous Primary Health Care Council
  • Nancy Rowe, Mississaugas of the Credit First Nation 
  • Janis Wabano, Director of Health, Mushkegowuk Council 
  • Stan Williams, Policy Analyst, Ontario Federation of Indigenous Friendship Centres

 

 

Addressing anti-Indigenous discrimination in retail settings

In July 2025, the OHRC released a guide and two fact sheets to address anti-Indigenous discrimination and harassment in retail. The result of a years-long collaboration with the Ontario Federation of Indigenous Friendship Centres, University of Toronto Indigenous law students and staff from Pro Bono Students Canada, through their joint Indigenous Human Rights Program, these resources provide practical human rights information to retailers (business owners, employees, third-party vendors) and to Indigenous shoppers and retail staff members. 

Indigenous people often experience racism and consumer racial profiling in different retail settings (for example, in department stores, supermarkets, pharmacies, convenience stores, malls, shopping centres, independent stores). The guide and fact sheets offer comprehensive information about the protections provided by the Ontario Human Rights Code, about how Indigenous people experience discrimination and harassment in retail settings, and suggested practices to help prevent and address discriminatory actions. 

The resources make clear:

  1. What anti-Indigenous discrimination and harassment may look like in retail settings.
  2. What to do if someone witnesses or experiences anti-Indigenous discrimination and harassment while shopping.
  3. What to do to prevent discrimination in violation of the Code.

First distributed electronically to over 6,000 community members, organizational leaders, chambers of commerce, and business schools across Ontario, the guide and fact sheets have also been adopted as part of resource bundles by the Human Rights Legal Support Centre, the Ontario Ministry of Education (as part of the mandatory 2025–26 PA Day on the topic of Tackling Racism), and the Together Against Hate Durham initiative. They also directly inspired similar work by the Saskatchewan Human Rights Commission. 

To continue to raise awareness about the harms of anti-Indigenous discrimination in retail settings as well as the practical guidance now available to both rights-holders and duty-holders, the OHRC also promoted the guide and fact sheets at three regional airports: Toronto City (Billy Bishop), Thunder Bay, and Sudbury from January to April 2026. Further public education activities will continue to be undertaken, including distributing print copies of the products and translating the fact sheets into Anishnaabemowin, Anishininiimowin, Cree, Kanyen'kéha, Michif, and Inuktitut.

"PBSC is grateful for the OHRC’s longstanding partnership with the Indigenous Human Rights Program, including our collaboration on high-quality educational resources addressing discrimination against Indigenous people in retail settings. These resources will be a valuable support within the program's Human Rights Clinics and, more broadly, raise awareness and empower action against these too-common injustices across the province."

Jason Goodman, Former Director, Family Justice, Pro Bono Students Canada

 

 

Hiring practices for Indigenous-specific positions

In May 2025, the OHRC released its Policy statement on Indigenous-specific hiring to provide guidance primarily to non-Indigenous employers on how to appropriately hire for Indigenous-specific positions, while meeting their obligations under the Code. The policy statement is accompanied by a context guide that 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.

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 at the hiring stage of an employment relationship, to help address ongoing disadvantage and discrimination. This policy statement provides an overview of how these measures are protected under Canadian and international law. 

The policy statement also confirms that hiring Indigenous employees for Indigenous-specific positions is permissible under the Code for the purposes of attempting to achieve substantive equality and provides recommended steps for appropriately and effectively implementing Indigenous-specific hiring practices.

Grounded in historical, cultural, and legal contexts, the policy statement and the context guide offer employers guidance on hiring for Indigenous-specific positions while meeting Code obligations.

The two resources also include discussions on vital concepts significant to Indigenous identity, such as the right of Indigenous peoples to self-determination and the persistent impacts of colonialism on this right. Both the policy and context guide 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 policy statement was developed at the request of, and in consultation with the Indigenous Reconciliation Advisory Group. They provided valuable advice to the OHRC based on their substantive knowledge of the discrimination and inequality experienced by Indigenous people in employment. The Commission acknowledges and appreciates the Advisory Group’s significant contributions and guidance.

The policy statement also responded to non-Indigenous employers’ need for guidance on how to appropriately hire for Indigenous-specific positions under the Code, and to widespread reports of alleged Indigenous identify fraud.

Since its release and initial electronic distribution to over 7,000 stakeholders, the policy statement has notably served to inform new or revised Indigenous identity confirmation policies at various organizations or institutions, case law, as well as both domestic and international reports.

“This work is grounded in the Indigenous principles of self-determination, sovereignty, and respect. It reflects the Commission’s commitment to respect Indigenous identities and lived experiences in employment practices, and to strengthen a human rights culture in Ontario through education, community engagement, and guidance by applying human rights principles.”

Patricia DeGuire, Chief Commissioner 

 

 

Indigenous‑specific discrimination in Timmins public services OHRC v. Timmins and District Hospital et al.   

Joey Knapaysweet and Agnes Sutherland were Indigenous people who died after separate interactions with public service providers in Timmins, Ontario. After their deaths, their families, through their estates, filed complaints with the Human Rights Tribunal of Ontario (HRTO). They alleged that the service providers discriminated against them based on Indigenous ancestry by failing to provide culturally safe services that meet the needs of Indigenous people. In February 2020, the OHRC filed an application at the HRTO in support of the applications filed by the estates.  

Following a series of procedural and interim decisions, the OHRC’s application was set to be heard separately from the estates and is currently at the mediation stage. The OHRC will continue to work toward public interest remedies that can be implemented to help improve outcomes for Indigenous communities seeking public services in the Timmins area. If no settlement is reached, the matter will proceed to a hearing.  

 

Estate of Joey Knapaysweet v. Timmins Police Services Board et al. and Estate of Agnes Sutherland v. Timmins and District Hospital et al.

In 2024, the HRTO sought additional submissions on whether it has jurisdiction to hear applications filed by estates on behalf of deceased individuals. The OHRC intervened to support individual applications at the HRTO in early 2025. One of the arguments made was that where an act of discrimination may have contributed to an individual’s death, an estate should be permitted to file an application before the HRTO.

The HRTO ultimately dismissed the individual estate applications, finding that it did not have jurisdiction to hear applications filed by estates. The estate of Agnes Sutherland sought a judicial review of this decision, which was heard at the Divisional Court in December of 2025. The OHRC appeared before the Court and provided submissions in support of the estate. The parties are currently awaiting a decision from the Court.

 

 

Marking a decade of Truth and Reconciliation 

December 15, 2025, marked the 10th anniversary of the Truth and Reconciliation Commission’s landmark final report. To acknowledge this significant date, the OHRC released a statement outlining its strategic efforts over the years to advance the human rights of Indigenous peoples and consistent action to foster systemic change across Ontario. 

The OHRC also reaffirmed its continued commitment to working with Indigenous communities to identify and advance their human rights priorities, and to highlighting the intersections between the Code and the United Nations Declaration on the Rights of Indigenous Peoples. 

 

 

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