Introduction to Human Rights (6:I) and Governing Legislation and Resources for Human Rights (6:II): Difference between pages

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{{LSLAP Manual TOC|expanded = rights}}
{{LSLAP Manual TOC|expanded = rights}}


When faced with a human rights issue, the first step is to determine whether the provincial legislation, the BC Human Rights Code, RSBC 1996, c 210 ("HRC" or the “Code”), applies or whether the problem falls within federal jurisdiction under the Canadian Human Rights Act, RSC 1985, c H-6 ("CHRA").
== A. Legislation ==


Section 91 of the Constitution Act, 1867 30 & 31 Victoria, c 3 (UK), reprinted in RSC 1985, App II, No 5, lists the matters that fall under federal jurisdiction. If the complaint is covered by federal legislation, the matter would be handled under the CHRA by the Canadian Human Rights Commission ("CHRC"). The limitation date under the federal legislation is 1 year. If the complaint against the respondent (the party who is being alleged to have contravened the Code) is based on an action they undertook in their capacity as an agent or employee of a body that falls under federal jurisdiction, then that complaint could be governed by federal legislation. However, a complaint involving a federally regulated employee who is alleged to have discriminated against a provincially regulated employee in a shared workspace may possibly be brought under the provincial HRC, depending on the circumstances. For more information, see the Supreme Court of Canada’s decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 in which the court confirmed that discrimination in the employment context “may include discrimination by [the complainant’s] co-workers, even when those co-workers have a different employer”: para 3.
''Human Rights Code'', RSBC 1996, c 210, as amended ["HRC" or the "Code"]  


Examples of some industries that are federally regulated and therefore fall within federal human rights jurisdiction are:
''Canadian Human Rights Act'', RSC 1985, c H-6, as amended ["CHRA"]


* Banking – but not most credit unions (note Coast Capital Savings is now under federal regulation).
''Civil Rights Protection Act'', RSBC 1996, c 49 ["CRPA"].
* Telecommunications (internet, television and radio) – but not call centres.
* Transportation that crosses provincial or international boundaries (airlines, trains, moving companies, couriers).
* First Nations governments (but not necessarily all businesses or services provided on reserves)
* Royal Canadian Mounted Police ("RCMP")


The CHRC has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at https://www.chrc-ccdp.gc.ca/en/complaints/make-a-complaint. This tool is not always accurate, so if an entity is not found there but you have reason to believe that it is federal, follow up with further inquiries and analysis. See Section IV of this chapter for more on matters under federal jurisdiction.
== B. Resources ==


Section 92 of the Constitution Act, 1867 lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, and generally all matters of a merely local or private nature. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal ("BCHRT"). Human rights violations that have taken place in BC will usually fall under the provincial legislation. The limitation date for BCHRT claims is one year from when the alleged breach occurred.
=== B.C. Human Rights Tribunal ===
An independent, administrative tribunal created by the ''BC Human Rights Code'', responsible for accepting, screening, mediating and  adjudicating provincial human rights complaints. The website is very helpful. Their [https://www.bchrt.bc.ca/law-library/guides/ Guides and Information Sheets] provide extensive procedural information in  English, and also some information in Chinese and Punjabi.  The Tribunal’s decisions dating back to 1997 are available online through the BCHRT website, and are also available on [http://www.canlii.org/en/bc/bchrt CanLII BC].
{{ResourcesLSLAP
| address = 1270 - 605 Robson Street <br /> Vancouver, B.C., V6B 5J3
| phone = (604) 775-2000 <br /> TTY: (604) 775-2021 <br /> Toll-free in B.C.: 1-888-440-8844 <br /> Fax: (604) 775-2020
| online = [http://www.bchrt.bc.ca/ Website] <br /> E-mail: BCHumanRightsTribunal@gov.bc.ca
}}


In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy purposes underlying it.
=== The B.C. Human Rights Clinic ===
The BC Human Rights Clinic is operated by the Community Legal Assistance Society (CLAS) and is funded by the BC Ministry of the Attorney General. The Clinic provides free legal representation to low-income claimants or those unable to represent themselves before the BC Human Rights Tribunal due to lack of capacity or disability. It also provides a free Short Service Clinic on Mondays between 9:00 am and 4:30 pm, and Wednesdays between 5:00 pm and 8:00 pm.
{{ResourcesLSLAP
| address = 300 – 1140 West Pender Street <br /> Vancouver, B.C.,  V6E 4G1
| phone = (604) 622-1100 <br /> Toll-free in Canada: 1-855-685-6222 <br /> Fax: (604) 685-7611
| online = [http://www.bchrc.net Website]
}}
 
=== The B.C. Civil Liberties Association (BCCLA) ===
If the client’s legal issue also extends to ''Charter'' rights, the BCCLA may provide assistance.
{{ResourcesLSLAP
| address = 550 - 1188 West Georgia Street <br /> Vancouver, B.C. V6E 4A2
| phone = (604) 630-9748 <br /> Fax: (604) 687-3045
| online = [http://www.bccla.org/ Website] <br /> E-mail: info@bccla.org
}}
 
=== The Canadian Human Rights Commission ===
 
The Commission can independently initiate federal human rights complaints, but normally assists in their drafting and investigates complaints lodged by individuals or organizations. If insufficient evidence of discrimination is presented, the Commission can dismiss the complaint. If the Commission finds that the allegations of discrimination warrant mediation or adjudication, it can refer the case to conciliation or to the Canadian Human Rights Tribunal for a hearing.
{{ResourcesLSLAP_online
| online = [http://www.chrc-ccdp.gc.ca/en Website]
}}
 
==== Western Region ====
 
{{ResourcesLSLAP_addressphone
| address = Canada Place, Suite 1645, 9700 Jasper Avenue <br /> P.O. Box 21, Edmonton, Alberta T5J 4C3
| phone = (780) 495-4040 <br /> Toll-Free: 1-888-214-1090 <br /> TTY: 1-888-643-3304 <br /> Fax: (780) 495-4044
}}
 
==== National Office ====
 
{{ResourcesLSLAP_addressphone
| address = 344 Slater Street, 8th Floor <br /> Ottawa, Ontario K1A 1E1
| phone = (613) 995-1151 <br /> Toll-free: 1-888-214-1090 <br /> TTY: 1-888-643-3304 <br /> Fax: (613) 996-9661
}}
 
=== The BC Office of the Human Rights Commissioner ===
 
The ''Human Rights Code Amendment Act'' recently re-established a Human Rights Commission in British Columbia. The province’s previous human rights commission was dismantled in 2002.<BR>
 
Kasari Govender was appointed as BC’s first Independent Human Rights Commissioner on September 3, 2019. The Commission will promote human rights, undertake research, and offer public education and outreach. It will also examine human rights implications of policies, programs or legislation and make recommendations if aspects of policies, programs or legislation are inconsistent with the human rights protections. Finally, although the Commission will not have the power to file human rights complaints, it will have the power to intervene in complaints before the Human Rights Tribunal. See s 47.12 of the BC ''Human Rights Code'' for a full list of the Commissioner’s powers.
{{ResourcesLSLAP
| address = #750, 999 Canada Place <br /> Vancouver, B.C. V6C 3E1
| phone = 1-844-922-6472 (voicemail box)
| online = E-mail: info@bchumanrights.ca
}}




{{LSLAP Manual Navbox|type=chapters1-7}}
{{LSLAP Manual Navbox|type=chapters1-7}}

Revision as of 00:03, 15 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
6. Human Rights
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. BC Human Rights Code
 · IV. Canadian Human Rights Act
 · V. BC Civil Rights Protection Act
 · VI. Indigenous Complainants
 · VII. Online Mediations & Hearings
 · VIII. LSLAP's Role

 · IX. Rights of the Child
v • d • e



A. Legislation

Human Rights Code, RSBC 1996, c 210, as amended ["HRC" or the "Code"]

Canadian Human Rights Act, RSC 1985, c H-6, as amended ["CHRA"]

Civil Rights Protection Act, RSBC 1996, c 49 ["CRPA"].

B. Resources

B.C. Human Rights Tribunal

An independent, administrative tribunal created by the BC Human Rights Code, responsible for accepting, screening, mediating and adjudicating provincial human rights complaints. The website is very helpful. Their Guides and Information Sheets provide extensive procedural information in English, and also some information in Chinese and Punjabi. The Tribunal’s decisions dating back to 1997 are available online through the BCHRT website, and are also available on CanLII BC.

Online Website
E-mail: BCHumanRightsTribunal@gov.bc.ca
Address 1270 - 605 Robson Street
Vancouver, B.C., V6B 5J3
Phone (604) 775-2000
TTY: (604) 775-2021
Toll-free in B.C.: 1-888-440-8844
Fax: (604) 775-2020


The B.C. Human Rights Clinic

The BC Human Rights Clinic is operated by the Community Legal Assistance Society (CLAS) and is funded by the BC Ministry of the Attorney General. The Clinic provides free legal representation to low-income claimants or those unable to represent themselves before the BC Human Rights Tribunal due to lack of capacity or disability. It also provides a free Short Service Clinic on Mondays between 9:00 am and 4:30 pm, and Wednesdays between 5:00 pm and 8:00 pm.

Online Website
Address 300 – 1140 West Pender Street
Vancouver, B.C., V6E 4G1
Phone (604) 622-1100
Toll-free in Canada: 1-855-685-6222
Fax: (604) 685-7611


The B.C. Civil Liberties Association (BCCLA)

If the client’s legal issue also extends to Charter rights, the BCCLA may provide assistance.

Online Website
E-mail: info@bccla.org
Address 550 - 1188 West Georgia Street
Vancouver, B.C. V6E 4A2
Phone (604) 630-9748
Fax: (604) 687-3045


The Canadian Human Rights Commission

The Commission can independently initiate federal human rights complaints, but normally assists in their drafting and investigates complaints lodged by individuals or organizations. If insufficient evidence of discrimination is presented, the Commission can dismiss the complaint. If the Commission finds that the allegations of discrimination warrant mediation or adjudication, it can refer the case to conciliation or to the Canadian Human Rights Tribunal for a hearing.

Online Website


Western Region

Address Canada Place, Suite 1645, 9700 Jasper Avenue
P.O. Box 21, Edmonton, Alberta T5J 4C3
Phone (780) 495-4040
Toll-Free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (780) 495-4044


National Office

Address 344 Slater Street, 8th Floor
Ottawa, Ontario K1A 1E1
Phone (613) 995-1151
Toll-free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (613) 996-9661


The BC Office of the Human Rights Commissioner

The Human Rights Code Amendment Act recently re-established a Human Rights Commission in British Columbia. The province’s previous human rights commission was dismantled in 2002.

Kasari Govender was appointed as BC’s first Independent Human Rights Commissioner on September 3, 2019. The Commission will promote human rights, undertake research, and offer public education and outreach. It will also examine human rights implications of policies, programs or legislation and make recommendations if aspects of policies, programs or legislation are inconsistent with the human rights protections. Finally, although the Commission will not have the power to file human rights complaints, it will have the power to intervene in complaints before the Human Rights Tribunal. See s 47.12 of the BC Human Rights Code for a full list of the Commissioner’s powers.

Online E-mail: info@bchumanrights.ca
Address #750, 999 Canada Place
Vancouver, B.C. V6C 3E1
Phone 1-844-922-6472 (voicemail box)



v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Worker's Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Legislation, Policy & Guidelines · III. Introduction to Compensation Claims · IV. LSLAP's Role at Initial Decision · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Return-To-Work & Re-Employment · XIII. Appeals · XIV. Health and Safety Regulations · XV. Assessments of Employers · XVI. WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2025, The Greater Vancouver Law Students' Legal Advice Society.


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