Governing Legislation and Resources for Human Rights (6:II)
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023. |
A. Legislation
Human Rights Code, RSBC 1996, c 210, as amended ["HRC" or the "Code"]
Canadian Human Rights Act, RSC 1985, c H-6, as amended ["CHRA"]
Civil Rights Protection Act, RSBC 1996, c 49 ["CRPA"].
B. Resources
B.C. Human Rights Tribunal
An independent, administrative tribunal created by the BC Human Rights Code, responsible for accepting, screening, mediating and adjudicating provincial human rights complaints. The website is very helpful. Their Guides and Information Sheets provide extensive procedural information in English, and also some information in Chinese and Punjabi. The Tribunal’s decisions dating back to 1997 are available online through the BCHRT website, and are also available on CanLII BC.
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The B.C. Human Rights Clinic
The BC Human Rights Clinic is operated by the Community Legal Assistance Society ("CLAS") and is funded by the BC Ministry of the Attorney General. The Clinic provides free legal representation to low-income claimants or those unable to represent themselves before the BC Human Rights Tribunal due to lack of capacity or disability. It also provides a free Short Service Clinic on Wednesdays between 9:00 am and 8:00 pm.
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The B.C. Civil Liberties Association ("BCCLA")
If the client’s legal issue also extends to Charter rights, the BCCLA may provide assistance.
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The Canadian Human Rights Commission ("CHRC")
The Commission can independently initiate federal human rights complaints, but normally assists complainants in drafting their complaints, and investigates complaints lodged by individuals or organizations. If insufficient evidence of discrimination is presented, the Commission can dismiss the complaint. If the Commission finds that the allegations of discrimination warrant mediation or adjudication, it can refer the case to conciliation or to the Canadian Human Rights Tribunal for a hearing.
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Western Region
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National Office
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The BC Office of the Human Rights Commissioner
The Commission promotes human rights, undertakes research, and offers public education and outreach. It also examines the human rights implications of policies, programs, and legislation to make recommendations if they are inconsistent with the human rights protections. Although the Commission does not have the power to file human rights complaints, it can intervene in complaints before the Human Rights Tribunal. See s 47.12 of the BC Human Rights Code for a full list of the Commissioner’s powers.
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