Difference between revisions of "BC Human Rights Code (6:III)"

The purpose of an award for injury to dignity is to compensate a person whose rights under the ''Code'' have been violated. It is not to punish a respondent. Damages awarded for injury to dignity have increased over the last decade, and the tribunal has made it clear that the trend for such damages is upwards (see ''[https://www.canlii.org/en/bc/bchrt/doc/2018/2018bchrt174/2018bchrt174.html Biggings obo Walsh v Pink and others]'', 2018 BCHRT 174 [''Walsh'']). Currently the highest award in BC is $176,000 (''[https://www.canlii.org/en/bc/bchrt/doc/2021/2021bchrt16/2021bchrt16.html Francis v BC Ministry of Justice (No.5)]'', 2021 BCHRT 16).  Historically, however, most damages in this category are under $10,000. The BC Human Rights Clinic has a compiled list of awards given by the HRT, sorted by ground, updated quarterly and available at https://bchrc.net/legal-information/remedies. It is difficult to predict what level of damages the tribunal will award, as this determination depends on many factors, which are assessed on a case-by-case basis (see e.g. ''Walsh''). The Tribunal generally consider three broad factors: the nature of the violation, the complainant's vulnerability, and the effect on the complainant: ''[https://www.canlii.org/en/bc/bchrt/doc/2011/2011bchrt185/2011bchrt185.html Gichuru v The Law Society of British Columbia (No. 9)]'', 2011 BCHRT 185 at para. 260, upheld in 2014 BCCA 396). Importantly, while injury to dignity awards commonly follow in cases where discrimination is established, this is not guaranteed, as seen in ''[https://www.canlii.org/en/bc/bchrt/doc/2012/2012bchrt28/2012bchrt28.html Holt v Coast Mountain Bus Company]'', 2012 BCHRT 28 at para 233. For further information regarding compensation for injury to dignity, feelings, and self-respect, please visit https://bchrc.net/the-trend-is-upwards-recent-injury-to-dignity-awards.