The BC Human Rights Tribunal has awarded $5,000 to a man who says he was refused First Nations religious services while serving time in prison.
Travis Kelly claims his repeated requests to access a native liaison and spiritual literature during his stays at the Fraser Regional Corrections Centre, Surrey Pretrial Services Centre and North Fraser Pretrial Centre between 2007 and 2008 went unfulfilled.
Lawyers representing the facilities argued the services were denied because Kelly was jailed in segregation, and allowing visitors would have posed a safety risk -- though Kelly says a prison chaplain and Christian reading materials were readily provided.
In her ruling, tribunal member Enid Marion said the denial of First Nations spiritual services amounted to "discrimination based on [Kelly's] ancestry and religion."
Kelly argued that his long stretches in segregation led to personal crises and suicidal thoughts, which could have been relieved with religious counselling. In August 2007, he wrote a letter asking the matter to be investigated.
"I submitted a request to have access to a visit with an aboriginal elder, to allow my access, information to my aboriginal ancestry, and spiritual beliefs," he wrote. "This didn't happen."
"Please investigate this conscern (sic). Thank you, Travis Kelly. Please notify my legal counsel of your investigation results. Thank you."
In his human rights complaint, Kelly requested $15,000 in damages for injury to dignity, feelings and self-respect. Marion concluded that a $5,000 award was appropriate.
She declined Kelly's request to order the implementation of a special program to ensure access to First Nations services, ruling there was insufficient evidence of a systemic problem.
