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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 04:01, 23 August 2023
, 04:01, 23 August 2023no edit summary
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=== 3. No Reasonable Basis for Holding a Hearing === | === 3. No Reasonable Basis for Holding a Hearing === | ||
The Tribunal may dismiss a complaint where the Tribunal is persuaded that the complaint is made in bad faith, would be of no benefit to the complainant, would not further the purposes of the HRC, and/or has no reasonable prospect of success. The most recent Annual Report from the BCHRT indicates that applications to dismiss under section 27 of the HRC succeeded in fully dismissing the complaint 49% of the time. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2011/2011bchrt117/2011bchrt117.html Marquez v Great Canadian Casinos]'', 2011 BCHRT 117 at paras 29–38. No reasonable prospect of success is the most common reason for dismissing a complaint. | The Tribunal may dismiss a complaint where the Tribunal is persuaded that the complaint is made in bad faith, would be of no benefit to the complainant, would not further the purposes of the HRC, and/or has no reasonable prospect of success. The most recent Annual Report from the BCHRT indicates that applications to dismiss under section 27 of the HRC succeeded in fully dismissing the complaint 49% of the time. Please refer to ''[https://www.canlii.org/en/bc/bchrt/doc/2011/2011bchrt117/2011bchrt117.html Marquez v Great Canadian Casinos]'', 2011 BCHRT 117 at paras 29–38. No reasonable prospect of success is the most common reason for dismissing a complaint. | ||
If you are responding to an application to dismiss a complaint, it is important in most cases to provide evidence in support of the Complainant’s contention that the complaint should be allowed to proceed to a hearing. While the burden of persuading the Tribunal that the complaint should be dismissed is on the respondent, the complainant does need to provide sufficient evidence to take their complaint out of the realm of “speculation and conjecture.” An affidavit attaching relevant exhibits from the client is preferable, though an unsworn statement will also likely be acceptable in most cases. | |||
=== 4. Complaint Brought Outside Limitation Period === | === 4. Complaint Brought Outside Limitation Period === | ||
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== J. Case Path Pilot == | == J. Case Path Pilot == | ||
Unfortunately, the number of applications to dismiss filed by respondents has resulted in significant backlog and delay at the Tribunal. In response, the Tribunal | Unfortunately, the number of applications to dismiss filed by respondents has resulted in significant backlog and delay at the Tribunal. In response, on May 6, 2022 the Tribunal launched a one-year pilot project under s. 27 of the Human Rights Code. This pilot project is set to continue for a further six months after May 6, 2023. Under the new Case Path Pilot, the default case path will be for the complaint to proceed directly to a hearing. Only when the Tribunal determines that an application under s. 27 would further the just and timely resolution of the complaint will it permit a respondent to file an application to dismiss. See the Tribunal’s Practice Direction on this new process here: http://www.bchrt.bc.ca/law-library/practice-directions/case-path-pilot-practice-direction.htm. | ||
The Tribunal has developed a strategy to address its backlog, which it communicated to the public on June 30, 2023. Case path decisions will be suspended until November, 2023, and many hearings have been adjourned. See: http://www.bchrt.bc.ca/tribunal/news/backlog-strategy-2023-06-30.htm | |||
== K. Judicial Review == | == K. Judicial Review == | ||
