216
edits
Difference between revisions of "Directing Residential Care Concerns to External Bodies"
From Clicklaw Wikibooks
Directing Residential Care Concerns to External Bodies (view source)
Revision as of 18:38, 12 January 2016
, 18:38, 12 January 2016→References
m (→References) |
m (→References) |
||
| Line 237: | Line 237: | ||
#British Columbia v. Gregoire, 2005 BCCA 585. The Court of Appeal held that the Tribunal did not have jurisdiction to proceed further upon the death of the complainant. However, for a bit more promising approach (outside of the human rights code) to actions surviving the death of the complainant, See Dudley v. Canada (Attorney General) [2013] B.C.J. No. 1191. | #British Columbia v. Gregoire, 2005 BCCA 585. The Court of Appeal held that the Tribunal did not have jurisdiction to proceed further upon the death of the complainant. However, for a bit more promising approach (outside of the human rights code) to actions surviving the death of the complainant, See Dudley v. Canada (Attorney General) [2013] B.C.J. No. 1191. | ||
#McNaughton., H. “Lessons learned: the BC direct access Human Rights Tribunal” Online: http://www.justice.gov.yk.ca/pdf/Heather_MacNaughton_Article.pdf (Last accessed January 9,2016) [“MacNaughton”] | #McNaughton., H. “Lessons learned: the BC direct access Human Rights Tribunal” Online: http://www.justice.gov.yk.ca/pdf/Heather_MacNaughton_Article.pdf (Last accessed January 9,2016) [“MacNaughton”] | ||
#In 2010-11, of 1063 complaints (828 filings) received by the BCHR Tribunal, only 38 made it to the Tribunal stage and 20 of these were dismissed. http://www.bchrt | #In 2010-11, of 1063 complaints (828 filings) received by the BCHR Tribunal, only 38 made it to the Tribunal stage and 20 of these were dismissed. Online: http://www.bchrt.bc.ca/shareddocs/annual_reports/2010-2011.pdf (Last accessed January 9, 2016). In 2012/13, 1028 complaints were received, of which 51 led to Tribunal hearings. Forty percent of complaints were rejected for filing at the first instance in 2012/13. (Pg. 2 of 2012/13 Annual Report). Online; http://www.bchrt.bc.ca/shareddocs/annual_reports/2012-2013.pdf (Last accessed January 9, 2016) | ||
#There is currently no specific legal authority for the Tribunal Registrar to undertake the screening. In the 2012/ 13 BCHRT Annual Report, the Tribunal specifically asked the government to amend the Code to give the Tribunal Registrar authority to screen complaints. | #There is currently no specific legal authority for the Tribunal Registrar to undertake the screening. In the 2012/ 13 BCHRT Annual Report, the Tribunal specifically asked the government to amend the Code to give the Tribunal Registrar authority to screen complaints. | ||
#MacNaughton, p.5. | #MacNaughton, p.5. | ||
#The 2011-12 BCHRT annual report notes for example that Complainants with counsel succeeded in 56% of their cases. Without counsel, the complainants | #The 2011-12 BCHRT annual report notes for example that Complainants with counsel succeeded in 56% of their cases. Without counsel, the complainants succeeded in only in 31% of the cases. Pg. 11. Online: http://www.bchrt.bc.ca/shareddocs/annual_reports/2011-2012.pdf. (Last accessed May 1, 2014). In 2012-13, complainants with counsel succeeded in 71% of the cases, those without counsel succeeded only in 36% , pg 9. Online: http://www.bchrt.gov.bc.ca/annual_reports/info/annual_report_2012-2013.pdf (Last accessed Januay 9, 2016) | ||
#BC Human Rights Coalition. Online: http://www.bchrcoalition.org (Last accessed May 1, 2014) | #BC Human Rights Coalition. Online: http://www.bchrcoalition.org (Last accessed May 1, 2014) | ||
#The 2011-12 BCHRT Annual Report noted it was taking 280 to 400 days from application to resolution . | #The 2011-12 BCHRT Annual Report noted it was taking 280 to 400 days from application to resolution . | ||
#See: Perry v. Strata #49 Council, 2014 BCHRT 7. However, the complaint’s case was dismissed not on | #See: Perry v. Strata #49 Council, 2014 BCHRT 7. However, the complaint’s case was dismissed not on the merits, but because the complainant did not specifically base her case on age discrimination. | ||
#Chantal, C. Canada and the Convention on the Rights of Persons with Disabilities , | #Chantal, C. Canada and the Convention on the Rights of Persons with Disabilities,Social Affairs Division. 5 December 2012, HillNote Number 2012-89-E. Online: http://www.parl.gc.ca/Content/LOP/ResearchPublications/2012-89-e.htm (Last accessed May 1, 2014). Also see: World Health Organization. Guidelines on the provision of manual wheelchairs in less resourced settings. Online: http://www.who.int/disabilities/publications/technology/English%20Wheelchair%20Guidelines%20(EN%20for%20the%20web).pdf?ua=1 (Last accessed May 1, 2014) [ “WHO Wheelchair Guidelines”] | ||
#WHO Wheelchair Guidelines, pg. 22. | #WHO Wheelchair Guidelines, pg. 22. | ||
#Ombudsperson Act [RSBC 1996] c. 340. [“Ombudsperson Act”] | #Ombudsperson Act [RSBC 1996] c. 340. [“Ombudsperson Act”] | ||
