Ontario Human Rights Commission offers hiring guidance to avoid Indigenous identity fraud

Candace Maracle · CBC News

· Posted: Jun 24, 2025 4:00 AM EDT | Last Updated: 9 minutes ago

A caller argumentation connection from the Ontario Human Rights Commission calls connected employers hiring for Indigenous-specific positions to find ways to verify candidates' Indigenous identities, with assistance from Indigenous communities.

Juliette Nicolet, manager of policy, education, monitoring and outreach astatine the Ontario Human Rights Commission (OHRC), said the argumentation connection is simply a effect to calls from Indigenous organizations and radical who person been advocating for safeguards against Indigenous individuality fraud. 

"The need for the guidance was truly highlighted by wide reports of alleged and proven Indigenous individuality fraud crossed Canada ... by non-Indigenous radical and truthful successful effect people called for action," Nicolet said. 

"We thought that it was captious that hiring practices and policies for Indigenous-specific positions see a process to corroborate claims of Indigenous individuality successful alignment with [human rights code] obligations."

The argumentation connection connected Indigenous-specific hiring was released successful May. It confirms that hiring Indigenous employees for Indigenous-specific positions is permissible nether Ontario's quality rights codification and calls connected employers to found verification processes of Indigenous individuality in consultation with section Indigenous peoples.

Nicolet said cases of misrepresentation of Indigenous individuality person been brought to the public's attraction for years and the harm it does to Indigenous peoples "can't beryllium minimized."

"These [fraudulent claims] are harmful practices which, successful the presumption of the Commission, tin represent a breach of spot and endanger the integrity of peculiar programs and peculiar employment positions that are specifically intended to enactment Indigenous radical and code disadvantages resulting from discrimination," Nicolet said.

Nicolet said the extremity is for employers to scope retired to Indigenous communities to statesman a conversation.

Employers have 'obligation and a right' to verify identity

Maurice Switzer, a national of the Mississaugas of Alderville First Nation, was connected the commission's Indigenous Reconciliation Advisory Group for the improvement of the argumentation and asked the OHRC in 2018 to crook its attention to this issue.

Representatives from the Ontario Native Women's Association and Ontario Federation of Indigenous Friendship Centres besides participated successful the instauration of the argumentation connection and discourse guide.

Switzer said employers tin beryllium uncomfortable having conversations astir verification because standard hiring practices tin marque it inappropriate oregon amerciable to inquire astir individuality and civilization erstwhile interviewing candidates for jobs. 

He said the intent of the argumentation is to reenforce to employers that they person an "obligation and a right" to guarantee that the idiosyncratic they prosecute for an Indigenous-specific position is, successful fact, Indigenous.

"It's not a assemblage institution's spot to archer radical however to find Indigenous ancestry oregon what it is…that's up to our communities," Switzer said.

He added that the policy underlines this fact, making wide the need to prosecute with Indigenous communities and physique relationships.

"A batch of people, I deliberation with the champion of intentions, person thought they were contributing to the advancement of consciousness of Indigenous peoples…but to bash it successful a mode that's not morganatic oregon dishonest, that truly undermines a batch of what they whitethorn person accomplished and it casts a pall implicit Indigenous peoples," helium said.

'A precise uncomfortable discussion'

Gabriel Maracle, an adjunct prof astatine Carleton University successful Ottawa, said it's bully to spot the OHRC, universities and different institutions taking a pb connected immoderate benignant of verification policy.

He on with Amy Shawanda co-authored a recent Yellowhead Institute report connected Indigenous individuality fraud successful academia. 

Maracle, who is from Tyendinaga Mohawks of the Bay of Quinte, is hoping organizations that person been 'on the fence' astir implementing verification policies go much proactive. 

"This is simply a precise uncomfortable treatment to have," helium said.

"The adjacent measurement is like, 'OK, good we've benignant of enactment successful these protective measures now, what bash we bash astir the worldly that benignant of got through?'

"We're trying to laic down bid tracks arsenic the bid is coming down."

Shawanda, who is Anishinaabe from Wiikwemkoong Unceded Territory, is an assistant prof astatine McGill University successful Montreal. She said she sees a request for Indigenous-specific hiring policies.

"We person the OHRC present that we tin trust on," she said.