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Difference between revisions of "LSLAP's Role in Human Rights Proceedings (6:VII)"
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LSLAP's Role in Human Rights Proceedings (6:VII) (view source)
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== A. Federal and Provincial Legislation == | == A. Federal and Provincial Legislation == | ||
The first step when faced with a human rights issue is to determine whether the provincial legislation, the ''BC Human Rights Code'' (''HRC''), applies or whether the problem falls within federal jurisdiction under the ''Canadian Human Rights Act'' (''CHRA''). Section 91 of the ''Constitution Act'', 1867((UK), 30 & 31 Victoria, c 3 reprinted in RSC 1985, App II, No 5) lists out the bodies that fall under federal jurisdiction which include chartered banks, entities engaged in inter-provincial transportation, media broadcasting, or mining and First Nations issues. Section 92 of the ''Constitution Act'', 1867 ((UK), 30 & 31 Victoria, c 3 reprinted in RSC 1985, App II, No 5) on the other hand, lists out the bodies that fall under provincial jurisdiction which includes property and civil rights in the province as well as generally all matters of a merely local or private nature in the province. In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy implications underlying it. The Canadian Human Rights Commission (CHRC) has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at http://www.chrc-ccdp.gc.ca/eng/content/complaint_assessment_tool. This tool is not always accurate so if an entity is not found there but you have reason to believe that the entity is federal follow up with further inquiries and analysis. | The first step when faced with a human rights issue is to determine whether the provincial legislation, the ''[http://canlii.ca/t/52k7s BC Human Rights Code]'' (''HRC''), applies or whether the problem falls within federal jurisdiction under the ''Canadian Human Rights Act'' (''CHRA''). Section 91 of the ''Constitution Act'', 1867((UK), 30 & 31 Victoria, c 3 reprinted in RSC 1985, App II, No 5) lists out the bodies that fall under federal jurisdiction which include chartered banks, entities engaged in inter-provincial transportation, media broadcasting, or mining and First Nations issues. Section 92 of the ''Constitution Act'', 1867 ((UK), 30 & 31 Victoria, c 3 reprinted in RSC 1985, App II, No 5) on the other hand, lists out the bodies that fall under provincial jurisdiction which includes property and civil rights in the province as well as generally all matters of a merely local or private nature in the province. In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy implications underlying it. The Canadian Human Rights Commission (CHRC) has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at http://www.chrc-ccdp.gc.ca/eng/content/complaint_assessment_tool. This tool is not always accurate so if an entity is not found there but you have reason to believe that the entity is federal follow up with further inquiries and analysis. | ||
In the case that a complaint is covered by the ''HRC'', the matter will be before the British Columbia Human Rights Tribunal (BC HRT). Conversely, if the complaint is covered by federal legislation, the matter would be handled by the CHRC. Human rights matters taking place in BC will tend to fall under the provincial legislation. However, if the complaint against the respondent is based on an action they undertook in their capacity as an agent or employee of a body that falls under federal jurisdiction, then that complaint would actually be governed by federal legislation. Examples of some industries that are federally regulated and therefore fall within the federal human rights jurisdiction are: | In the case that a complaint is covered by the ''HRC'', the matter will be before the British Columbia Human Rights Tribunal (BC HRT). Conversely, if the complaint is covered by federal legislation, the matter would be handled by the CHRC. Human rights matters taking place in BC will tend to fall under the provincial legislation. However, if the complaint against the respondent is based on an action they undertook in their capacity as an agent or employee of a body that falls under federal jurisdiction, then that complaint would actually be governed by federal legislation. Examples of some industries that are federally regulated and therefore fall within the federal human rights jurisdiction are: | ||
