BC Human Rights Code (6:III)
The B.C. Human Rights Code [“HRC”] is the legislation currently applicable in BC and is administered by the B.C. Human Rights Tribunal.
The HRC applies to matters within the provincial constitutional heads of power, and covers both public and private bodies and individuals. For example, the HRC applies to provincially regulated employers, unions, professional associations, most commercial businesses, Crown corporations, landlord-tenant relations, as well as the provincial government itself.
NOTE: The Tribunal’s decisions are available online at http://www.bchrt.bc.ca/decisions. They are indexed by year dating back to 1997 and searchable based on a variety of criteria.
The Chart below illustrates how the HRC’s protected grounds apply to each area of protection.
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A. Protections, Exceptions and Exemptions
The HRC provides protection against discrimination in several different contexts, which are listed in ss. 7 – 14. However, for many of these protected areas, the HRC provides certain exceptions for which prima facie discrimination is not prohibited.
Additionally, s 41, commonly referred to as the group rights exemption, allows what might otherwise be deemed as prohibited discriminatory acts by charitable, philanthropic, educational and other not-for-profit organizations, if it is done while promoting the interests and welfare of a group of people that share a common identifiable characteristic, such as religion, race, or marital status. Please refer to Vancouver Rape Relief Society v Nixon, 2005 BCCA 601.
Furthermore, under s 42, it is not discrimination to plan, advertise, adopt or implement an employment equity program that has the objective of ameliorating the conditions of individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability or sex. Such programs may obtain prior approval by the BC Human Rights Tribunal and, if pre-approved, will not be deemed to be in contravention of the HRC.
Finally, s. 43, often referred to as the “retaliation” section, prohibits discrimination against a person because that person complains, has been named, gives evidence, or otherwise assists in a complaint or other proceeding under the HRC. This section will very soon be amended to include protection of a person who is planning to commence, but has not yet filed, a human rights complaint.
1. Discriminatory Publication
Section 7 deals with forms of discrimination against individuals or groups of individuals, which are published, displayed, or made public. This section prohibits hate literature and other such communications that is or is likely expose someone in a protected group to hatred or contempt. Please refer to Elmasry and Habib v Roger’s Publishing and MacQueen (No 4), 2008 BCHRT 378 at para 21-27.
Exception: Section 7 does not apply to communications that are intended to be private and are related to activities otherwise permitted under the HRC.
2. Discrimination in Facilities “Customarily Available to the Public”
Section 8 states that any accommodation, service, or facility customarily available to the public may not be denied to an individual for reasons based on that person’s race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, gender, or sexual orientation.
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