Difference between revisions of "Governing Legislation and Resources for Human Rights (6:II)"

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{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = rights}}
{{LSLAP Manual TOC|expanded = rights}}
== Introduction ==
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. If the complaint is covered by federal legislation, the matter would be handled by the CHRC. The limitation date for Federal jurisdiction is 1 year. 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 also be governed by federal legislation. Examples of some industries that are federally regulated and therefore fall within the federal human rights jurisdiction are:
* Banking – but not credit unions.
* Telecommunications (internet, television and radio) – but not call centres.
* Transportation that crosses provincial or international boundaries (airlines, trains, moving companies, couriers).
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 the case that a complaint is covered by the HRC, the matter will be before the British Columbia Human Rights Tribunal (BC HRT). Human rights matters taking place in BC will tend to fall under the provincial legislation. The limitation date shortens to 6 months if under provincial jurisdiction.
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. 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.


== A. Legislation ==
== A. Legislation ==


''Human Rights Code'', RSBC 1996, c 210, as amended [HRC]  
''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]  
''Canadian Human Rights Act'', RSC 1985, c H-6, as amended [CHRA]  
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=== B.C. Human Rights Tribunal ===
=== 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 thorough procedural information in  English, Chinese, and Punjabi. The Tribunal’s decisions dating back to 1997 are available online through the BC HRT website, and are also available on CanLII BC at http://www.canlii.org/en/bc/bchrt.
{{ResourcesLSLAP
{{ResourcesLSLAP
| resource_description = 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. Tribunal’s decisions dating back to 1997 are available online.
| address = 1270 - 605 Robson Street <br /> Vancouver, B.C., V6B 5J3
| address = 1170 - 605 Robson Street <br /> Vancouver, B.C., V6B 5J3
| phone = (604) 775-2000 <br /> TTY: (604) 775-2021 <br /> Toll-free in B.C.: 1-888-440-8844 <br /> Fax: (604) 775-2020
| phone = (604) 775-2000 <br /> TTY: (604) 775-2021 <br /> Toll-free in B.C.: 1-888-440-8844 <br /> Fax: (604) 775-2020
| online = [http://www.bchrt.bc.ca/ Website] <br /> E-mail: BCHumanRightsTribunal@gov.bc.ca
| online = [http://www.bchrt.bc.ca/ Website] <br /> E-mail: BCHumanRightsTribunal@gov.bc.ca
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=== The B.C. Human Rights Clinic ===
=== 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 Mondays between 9:00 am and 4:30 pm, and Wednesdays between 5:00 pm and 8:00 pm.
{{ResourcesLSLAP
{{ResourcesLSLAP
| resource_description = The BC Human Rights Clinic is operated by the Community Legal Assistance Society and funded by the BC Ministry of Justice. The Clinic provides free legal representation to low-income complainants or those unable to represent themselves due to lack of capacity or disability before the  BC Human Rights Tribunal who qualify for services. It also provides a free short service Drop-In Clinic at the Tribunal on Mondays.
| address = 300 – 1140 West Pender Street <br /> Vancouver, B.C.,  V6E 4G1
| address = 300 – 1140 West Pender Street <br /> Vancouver, B.C.,  V6E 4G1
| phone = (604) 622-1100 <br /> Toll-free in Canada: 1-855-685-6222 <br /> Fax: (604) 685-7611
| phone = (604) 622-1100 <br /> Toll-free in Canada: 1-855-685-6222 <br /> Fax: (604) 685-7611
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=== The B.C. Civil Liberties Association (BCCLA) ===
=== The B.C. Civil Liberties Association (BCCLA) ===
 
If the client’s legal issue also extends to ''Charter'' rights, the BCCLA may provide assistance.
{{ResourcesLSLAP
{{ResourcesLSLAP
| resource_description = If the client’s legal issue also extends to ''Charter'' rights, the BCCLA may provide assistance.
| address = 550 - 1188 West Georgia Street <br /> Vancouver, B.C. V6E 4A2
| address = 550 - 1188 West Georgia Street <br /> Vancouver, B.C. V6E 4A2
| phone = (604) 630-9748 <br /> Fax: (604) 687-3045
| phone = (604) 630-9748 <br /> Fax: (604) 687-3045
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=== The Canadian Human Rights Commission ===
=== The Canadian Human Rights Commission ===


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.
{{ResourcesLSLAP_online
{{ResourcesLSLAP_online
| online = [http://www.chrc-ccdp.ca Website]
| online = [http://www.chrc-ccdp.gc.ca/en Website]
}}
}}


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{{ResourcesLSLAP_addressphone
{{ResourcesLSLAP_addressphone
| address = 344 Slater Street, 8th Floor <br /> Ottawa, Ontario K1A 1E1
| address = 344 Slater Street, 8th Floor <br /> Ottawa, Ontario K1A 1E1
| phone = (613) 995-1151 <br /> Toll-free: 1-888-214-1090 <br /> 6-2 TTY: 1-888-643-3304 <br /> Fax: (613) 996-9661
| phone = (613) 995-1151 <br /> Toll-free: 1-888-214-1090 <br /> TTY: 1-888-643-3304 <br /> Fax: (613) 996-9661
}}
}}


*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 cases to conciliation or to the Canadian Human Rights Tribunal for 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 previous human rights commission was dismantled in 2002.<BR>
 
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 policies, programs or legislation and make recommendations if aspects of policies, programs or legislation are inconsistent with the human rights protections. 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.
{{ResourcesLSLAP
| address = #750, 999 Canada Place <br /> Vancouver, B.C. V6C 3E1
| phone = 1-844-922-6472 (voicemail box)
| online = E-mail: info@bchumanrights.ca
}}
 
 
{{LSLAP Manual Navbox|type=chapters1-7}}

Latest revision as of 21:06, 5 September 2023

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 thorough procedural information in English, Chinese, and Punjabi. The Tribunal’s decisions dating back to 1997 are available online through the BC HRT website, and are also available on CanLII BC at http://www.canlii.org/en/bc/bchrt.

Online Website
E-mail: BCHumanRightsTribunal@gov.bc.ca
Address 1270 - 605 Robson Street
Vancouver, B.C., V6B 5J3
Phone (604) 775-2000
TTY: (604) 775-2021
Toll-free in B.C.: 1-888-440-8844
Fax: (604) 775-2020


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 Mondays between 9:00 am and 4:30 pm, and Wednesdays between 5:00 pm and 8:00 pm.

Online Website
Address 300 – 1140 West Pender Street
Vancouver, B.C., V6E 4G1
Phone (604) 622-1100
Toll-free in Canada: 1-855-685-6222
Fax: (604) 685-7611


The B.C. Civil Liberties Association (BCCLA)

If the client’s legal issue also extends to Charter rights, the BCCLA may provide assistance.

Online Website
E-mail: info@bccla.org
Address 550 - 1188 West Georgia Street
Vancouver, B.C. V6E 4A2
Phone (604) 630-9748
Fax: (604) 687-3045


The Canadian Human Rights Commission

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.

Online Website


Western Region

Address Canada Place, Suite 1645, 9700 Jasper Avenue
P.O. Box 21, Edmonton, Alberta T5J 4C3
Phone (780) 495-4040
Toll-Free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (780) 495-4044


National Office

Address 344 Slater Street, 8th Floor
Ottawa, Ontario K1A 1E1
Phone (613) 995-1151
Toll-free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (613) 996-9661


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 previous 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 policies, programs or legislation and make recommendations if aspects of policies, programs or legislation are inconsistent with the human rights protections. 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.

Online E-mail: info@bchumanrights.ca
Address #750, 999 Canada Place
Vancouver, B.C. V6C 3E1
Phone 1-844-922-6472 (voicemail box)



© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.