Discrimination in Sport

Discrimination

"Discrimination is an action or a decision that treats a person or a group badly for reasons such as their race, age or disability. These reasons, also called grounds, are protected under the Canadian Human Rights Act."

Josiah Wilson, who is legally adopted as an infant in Haiti and raised by a Heiltsuk First Nation family in Calgary. He is African by race but legally, culturally and ethnically he identifies as a member of the Heiltsuk First Nation.

Josiah Wilson, left, was born is Haiti, and adopted by Don Wilson, right (Don Wilson/Facebook).

He spent the most of his youth in Heiltsuk territory in Bella Bella, and also legally recognized as a status Indian under Canada’s Indian Act.

Josiah Wilson, second from right, with adoptive siblings Teva, Arianne and biological sister Mariah. (Pamela Wilson/Facebook)

"The Heiltsuk are Indigenous people who traditionally occupied a part of the central coast of BC in the vicinity of Milbanke Sound and Fisher Channel. They have been referred to also as the Bella Bella, a term anglicized from the name of a site located near the present-day community of the same name. The Heiltsuk speak Hailhzaqvla, a Wakashan language shared also with the Haihais or Klemtu."

In 2016, organizers of the Indigenous basketball tournament did not allow Wilson, 21, to play in the Indigenous basketball games because he did not have indigenous blood.

“The tournament committee claims he lacks sufficient aboriginal bloodlines to participate in the All-Native Basketball Tournament. From our perspective he’s the equivalent of being born with Indigenous ancestry because he’s been adopted into our nation and he has both legal and cultural standing as a status Indian,” Josiah’s father said.

Josiah and his father, Dr. Don Wilson

The Human Rights Code of B.C. section 8: states a person cannot be denied accommodation in a service or facility based on criteria including race, colour, ancestry or place of origin.

Josiah said, the organizers might have mistakenly believed his race gave him an advantage on the basketball court. A lot of his friends and some people who have been messaging him on Facebook are saying that he is better because he is black, he feels that is very funny.

Filing a claim with the B.C. Human Rights Tribunal

Josiah and his father have been fighting the ANBT’s decision to ban Josiah from the 2016 and 2017 tournaments. They filed a claim with the B.C. Human Rights Tribunal in May of 2016. Josiah Wilson was allowed to play in the 2018 All Native Basketball Tournament (ANBT),

Josiah’s father said, it has taken up a lot of emotional energy for the two of them, and their entire family. They are glad that it’s moved forward to the point where there has been what they consider a successful resolution.

Besides Josiah being allowed to play and an impending rule change by the ANBT, there were other conditions which the two sides agreed to through mediation. Tournament organizers will allow Josiah Wilson to play in the future, make a public apology, amend eligibility rules, eliminating blood quantum and instead using a status card or other written information on heritage.

The ANBT

The ANBT president Peter Haugan said they learned about the government’s rule.

“That has changed, that was not the law before. We had no idea about this. Once we had legal counsel and it came to our attention that this is the law of the country, then we have to let him play,” he said.

“The All-Native Basketball Tournament has moved forward and grown, I think, as a result of this because they have acknowledged that Josiah is indigenous under Heiltsuk and Canadian law and that’s what they state in their apology letter. I think it’s been a growth experience for everyone involved. I’m just a little bit regretful that we had to go to such an extreme to get a proper response from them,” Dr. Wilson said.

Josiah has attempted to take the negative experience and make the best of the situation. He has shown how he cared for himself throughout what was a challenging time and what his community did to show their support.

Josiah’s father also said he wants to show his appreciation to the Heiltsuk Nation and all other nations that stepped up and spoke out in support of Josiah. The settlement of the case was satisfying and he was happy that it also changed the rules of a tournament that has been run each year since 1960.

The story of Josiah Wilson is quite unique as someone who was adopted legally and was raised as a traditional Heiltsuk. There are a lot of other people who are Afro-Indigenous their stories might connect to the same circumstance that Josiah has gone through.

Sources:

Decision to bar player from All Native Basketball Tournament raises questions; https://www.ctvnews.ca/sports/decision-to-bar-player-from-all-native-basketball-tournament-raises-questions-1.2777279

Haiti-Born, Heiltsuk-Raised Basketball Player Barred From All Native Event Over ‘Blood Quantum’ Rule”; https://www.lunionsuite.com/haiti-born-heiltsuk-raised-basketball-player-barred-native-event-blood-quantum-rule/

Identity, race highlighted in documentary about basketball player barred from Indigenous tournament; https://www.cbc.ca/news/canada/british-columbia/one-of-ours-doc-1.6003097

Josiah Wilson, ANBT settle human rights complaint; https://www.thenorthernview.com/sports/josiah-wilson-anbt-settle-human-rights-complaint/

Indigenous basketball player Josiah Wilson wins human-rights case; https://www.theglobeandmail.com/news/british-columbia/indigenous-basketball-player-josiah-wilson-wins-human-rights-case/article34227744/

By Wachana Ross