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 July 22, 2020. |
A. Legislation
Human Rights Code, RSBC 1996, c 210, as amended [HRC]
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, quasi-judicial body created by the B.C. Human Rights Code, responsible for accepting, screening, mediating and adjudicating provincial human rights complaints. Its website is very helpful. Their Guides and Information Sheets provide thorough procedural information in English, Chinese, and Punjabi. The Tribunal’s decisions dating back to 1997 are available online.
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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 Justice. 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 Drop-In Clinic on Mondays between 9:30am and 4:00pm.
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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
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Western Region
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National Office
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The Commission can independently initiate federal human rights complaints, but normally assists in their drafting 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.
The BC Office of the Human Rights Commissioner
The Human Rights Code Amendment Act recently re-established a Human Rights Commission in British Columbia. The province’s original human rights commission was dismantled in 2002. Kasari Govender was appointed as BC’s first Independent Human Rights Commissioner on September 3, 2019. The Commission will promote human rights, undertake research, and offer public education and outreach. It will also examine human rights implications of any policy, program or legislation and make recommendations if aspects of policy, programs or legislation are inconsistent with the Human Rights Code. Finally, although the Commission will not have the power to file human rights complaints, it will have the power to 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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