5,109
edits
Difference between revisions of "BC Human Rights Code (6:III)"
From Clicklaw Wikibooks
BC Human Rights Code (6:III) (view source)
Revision as of 07:52, 4 August 2017
, 07:52, 4 August 2017no edit summary
| Line 273: | Line 273: | ||
To determine whether a violation of the HRC has occurred, consult the relevant section of the HRC and review recent case law. Case law can be found on the [http://www.bchrt.bc.ca/decisions B.C. Human RightsTribunal website], indexed by year, and searchable based on a variety of criteria. | To determine whether a violation of the HRC has occurred, consult the relevant section of the HRC and review recent case law. Case law can be found on the [http://www.bchrt.bc.ca/decisions B.C. Human RightsTribunal website], indexed by year, and searchable based on a variety of criteria. | ||
It should be noted that one might file a complaint on a combination of grounds and that discrimination does not need to have been the sole or primary motivating factor to establish a case on a particular ground, as long as discrimination was a contributing factor to the impugned action. | It should be noted that one might file a complaint on a combination of grounds and that discrimination does not need to have been the sole or primary motivating factor to establish a case on a particular ground, as long as discrimination was a contributing factor to the impugned action. Please refer to Kennedy v. British Columbia (Ministry of Energy & Mines), 2000 BCHRT 60 at para 58. | ||
Discrimination need not be intentional. Any policy or action that has an adverse effect on a protected group might be considered discriminatory. Please refer to ''Ont Human Rights Comm and O’Malley v Simpsons-Sears'', [1985] 2 SCR 536 at para 14. The policy or act does not have to affect every person in the group for it to be considered discriminatory. E.g., if a policy discriminates against only women that are pregnant it would still be considered sex discrimination. As well, it is possible that an act or policy may affect men as well as women, but affect one sex to a disproportionate degree, in which case it could also qualify as sex discrimination. | Discrimination need not be intentional. Any policy or action that has an adverse effect on a protected group might be considered discriminatory. Please refer to ''Ont Human Rights Comm and O’Malley v Simpsons-Sears'', [1985] 2 SCR 536 at para 14. The policy or act does not have to affect every person in the group for it to be considered discriminatory. E.g., if a policy discriminates against only women that are pregnant it would still be considered sex discrimination. As well, it is possible that an act or policy may affect men as well as women, but affect one sex to a disproportionate degree, in which case it could also qualify as sex discrimination. | ||
Discrimination can also be established on an “intersectional” basis. This means that the discriminatory action had an adverse impact on the basis of multiple protected grounds, occurring simultaneously, which cannot easily be separated from one another. It is not always necessary to establish that each individual ground has been met where intersectional discrimination can be established. Please refer to | Discrimination can also be established on an “intersectional” basis. This means that the discriminatory action had an adverse impact on the basis of multiple protected grounds, occurring simultaneously, which cannot easily be separated from one another. It is not always necessary to establish that each individual ground has been met where intersectional discrimination can be established. Please refer to Radek v. Henderson Development (Canada) and Securiguard Services (No. 3), 2005 BCHRT 302 at paras 463-467. | ||
If, after reading the HRC, you are still unsure whether the impugned action lies within the ambit of the HRC, contact the B.C. Human Rights Clinic (see [[Governing Legislation and Resources for Human Rights (6:I)#B. Resources | Section I.B:Resources]]). | If, after reading the HRC, you are still unsure whether the impugned action lies within the ambit of the HRC, contact the B.C. Human Rights Clinic (see [[Governing Legislation and Resources for Human Rights (6:I)#B. Resources | Section I.B:Resources]]). | ||
