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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 17:22, 12 September 2023
, 17:22, 12 September 2023→E. The Process for Human Rights Complaints
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The BC Human Rights Tribunal handles complaints made under the HRC. The following chart depicts the process of a complaint at the Tribunal and the time in between the various stages of the process (prepared by the BC Human Rights Clinic, program of the Community Legal Assistance Society): | The BC Human Rights Tribunal handles complaints made under the HRC. The following chart depicts the process of a complaint at the Tribunal and the time in between the various stages of the process (prepared by the BC Human Rights Clinic, program of the Community Legal Assistance Society): | ||
The first step in filing a complaint with the Tribunal is to fill out a Complaint Form, which is available at the Tribunal's head office, on its website (http://www.bchrt.bc.ca) or from other local government agent offices. It is also possible to file the complaint online on the Tribunal's website. There are helpful self-help guides to filling out Complaint and Response forms on the Tribunal’s website. You should also consult the [http://www.bchrt.bc.ca/law-library/rules/index.htm Tribunal’s Rules of Practice] and [http://www.bchrt.bc.ca/law-library/practice-directions/index.htm Procedure and Practice Directions] for guidance on the various steps in the process. | The first step in filing a complaint with the Tribunal is to fill out a Complaint Form, which is available at the Tribunal's head office, on its website (http://www.bchrt.bc.ca) or from other local government agent offices. It is also possible to file the complaint online on the Tribunal's website. There are helpful self-help guides to filling out Complaint and Response forms on the Tribunal’s website. You should also consult the [http://www.bchrt.bc.ca/law-library/rules/index.htm Tribunal’s Rules of Practice] and [http://www.bchrt.bc.ca/law-library/practice-directions/index.htm Procedure and Practice Directions] for guidance on the various steps in the process. | ||
[[File:LSLAP 6 III process for complaints image 1.png|alt={Process for complaints}]] | |||
=== 1. Who Can File a Complaint? === | === 1. Who Can File a Complaint? === | ||
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The Tribunal encourages people to solve any mask wearing complaints by talking to the service provider or sending them information about the public order requiring masks, and guidance from the Office of the Human Rights Commissioner and WorkSafe BC. | The Tribunal encourages people to solve any mask wearing complaints by talking to the service provider or sending them information about the public order requiring masks, and guidance from the Office of the Human Rights Commissioner and WorkSafe BC. | ||
BC declared a state of emergency on March 18th, 2020, due to the pandemic. This did not extend the 1-year time limit to file a complaint but someone who misses the time limit may explain that their delay was caused by the pandemic on the complaint form and the Tribunal will consider it. If the complaint is urgent, a complainant may request a fast-track process. To be eligible for a fast track, you must show that fast-tracking or changing the process will help get to a “just and timely resolution” of the complaint. The complainant may want to fast-track the process if the complainant is at risk of losing the appropriate remedy if urgent action is not taken by the HRT (for example, the complaint is about an eviction notice and the complainant will have to move out in 30 days, without a fast-tracked solution). A party may also wish to fast-track the process if they are at risk of losing the chance to prove their case (for example, the respondent’s main witness is moving out of Canada soon). For more information on the fast track process, please refer to the BC HRT website: http://www.bchrt.bc.ca/law-library/guides-info-sheets/general-apps/16.htm | BC declared a state of emergency on March 18th, 2020, due to the pandemic. This did not extend the 1-year time limit to file a complaint but someone who misses the time limit may explain that their delay was caused by the pandemic on the complaint form and the Tribunal will consider it. If the complaint is urgent, a complainant may request a fast-track process. To be eligible for a fast track, you must show that fast-tracking or changing the process will help get to a “just and timely resolution” of the complaint. The complainant may want to fast-track the process if the complainant is at risk of losing the appropriate remedy if urgent action is not taken by the HRT (for example, the complaint is about an eviction notice and the complainant will have to move out in 30 days, without a fast-tracked solution). A party may also wish to fast-track the process if they are at risk of losing the chance to prove their case (for example, the respondent’s main witness is moving out of Canada soon). For more information on the fast track process, please refer to the BC HRT website: http://www.bchrt.bc.ca/law-library/guides-info-sheets/general-apps/16.htm | ||
== F. Remedies == | == F. Remedies == | ||
