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Systemic Racism in Healthcare: The Legal Impacts on Indigenous Patients

Across Canada, Indigenous communities continue to face profound inequities when accessing healthcare. These disparities are not just statistical; they are lived experiences that can mean the difference between life and death. Systemic racism in medical settings often results in Indigenous patients being ignored, dismissed, or stereotyped, leading to delays in diagnosis, substandard treatment, and devastating outcomes. For families, these injustices can cause not only immeasurable grief but also significant legal challenges when seeking accountability.

High-profile cases illustrate the tragic consequences of prejudice in healthcare. In Quebec, Joyce Echaquan, a 37-year-old Atikamekw woman and mother of seven, died in hospital after being subjected to degrading remarks and inadequate care. In Manitoba, Brian Sinclair, a double amputee, passed away in a Winnipeg emergency department waiting room after being ignored for 34 hours while seeking help for a treatable infection. Both cases underscore a pattern seen across Canada: when assumptions about addiction, homelessness, or “non-compliance” are applied to Indigenous patients, their rights to fair and urgent medical treatment are often compromised.

Academic research supports these findings. Studies confirm that First Nations patients are routinely assigned lower triage scores in emergency departments compared to non-Indigenous patients presenting with similar symptoms. This systemic bias directly affects the speed and quality of care provided, increasing the risk of preventable harm. Such discrimination doesn’t just harm individual patients, it undermines trust in the healthcare system for entire communities, perpetuating cycles of avoidance and poorer health outcomes.

For law firms representing clients in medical malpractice and wrongful death claims, these issues cannot be ignored. When Indigenous families come forward after suffering harm, the legal team must carefully examine whether systemic bias played a role in the care received. Chart notes, staff assumptions, and triage decisions can all reveal prejudicial attitudes that influenced treatment. These details are crucial in determining whether a patient’s death or injury could have been avoided with equitable care.

The law provides avenues for families to pursue justice, but the process is often complex. Wrongful death and medical malpractice claims require detailed investigation into not only the medical facts but also the broader systemic context. At our firm, we recognize that seeking accountability is not just about individual compensation, it is also about challenging patterns of neglect that continue to harm Indigenous communities. By holding healthcare institutions accountable, we aim to contribute to meaningful change in the system.

As Canada marks the National Day for Truth and Reconciliation, we are reminded that acknowledging systemic racism is only the first step. True reconciliation requires concrete action, by medical professionals, institutions, and the legal community alike to ensure that Indigenous patients receive the same dignity, urgency, and quality of care as every other Canadian. Until then, the role of the law remains vital: to give voice to those harmed by prejudice and to demand accountability from the systems meant to protect them.


If you or a loved one has been affected by medical negligence or discriminatory treatment in healthcare, we encourage you to contact our team. Our lawyers are here to listen, guide you through your options, and advocate for the justice you deserve.

The contents of this post are for general information only, and should not be construed as legal advice.
INDIGENOUS LAND ACKNOWLEDGEMENT

The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.