Human Rights and Discrimination Protection: Difference between revisions

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{{Dial-A-Law TOC|expanded = rights}}
{{Dial-A-Law TOC|expanded = rights}}
BC’s Human Rights Code prohibits some types of discrimination, and the BC Human Rights Tribunal handles discrimination complaints. This script explains the types of discrimination the Code prohibits, how to complain to the Tribunal, and what the Tribunal does with complaints. The Code is available at www.bclaws.ca. Also, check the following scripts for more information:
BC’s ''Human Rights Code'' prohibits some types of discrimination, and the BC Human Rights Tribunal handles discrimination complaints. This script explains the types of discrimination the Code prohibits, how to complain to the Tribunal, and what the Tribunal does with complaints. The Code is available at [http://www.bclaws.ca www.bclaws.ca]. Also, check the following scripts for more information:
 
*[[Protection Against Job Discrimination (Script 270)|270]], called “Protection Against Job Discrimination”
*[[Sexual Harassment (Script 271)|271]], called “Sexual Harassment”
*[[Charter of Rights and Freedoms: Overview (Script 230)|230]], called “''Charter of Rights and Freedoms'': Overview”


270, called “Protection Against Job Discrimination”
271, called “Sexual Harassment”
230, called “Charter of Rights and Freedoms: Overview”
This script does not deal with:
This script does not deal with:
*The ''Canadian Human Rights Act'', which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at [http://www.chrc-ccdp.ca www.chrc-ccdp.ca] or phone 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. If you don’t know whether to contact the Tribunal or the Commission, contact either of them—they can tell you which one can handle your complaint.
*Municipal laws, which may also prohibit some types of discrimination—contact your city hall for information on them.


The Canadian Human Rights Act, which covers businesses and activities regulated by federal law. These include banks, airlines and airports, phone companies, and the federal government. If your case involves federal law, contact the Canadian Human Rights Commission at www.chrc-ccdp.ca or phone 604.666.2251 in Vancouver and 1.800.999.6899 elsewhere in BC. If you don’t know whether to contact the Tribunal or the Commission, contact either of them—they can tell you which one can handle your complaint.
==What types of discrimination does the BC ''Human Rights Code'' prohibit?==
Municipal laws, which may also prohibit some types of discrimination—contact your city hall for information on them.
What types of discrimination does the BC Human Rights Code prohibit?
The Code prohibits discrimination based on any of the following 16 things, called grounds:
The Code prohibits discrimination based on any of the following 16 things, called grounds:
*race
*colour
*ancestry
*place of origin
*political belief—this applies only to employment, employment ads, and membership in a union or occupational association
religion
*marital status
*family status—this does not apply to the purchase of property
*physical disability, including HIV and AIDS
*mental disability
*sex
*sexual orientation
*age (if you’re 19 and above)—this does not apply to the purchase of property
*criminal or summary convictions unrelated to employment or membership—this applies only to employment, and membership in a *union or occupational association
*lawful source of income (this applies only to tenancies)
*retaliation (taking action against a person who complained to the Tribunal, was named in a complaint, was a witness, or helped someone with a complaint)


race
colour
ancestry
place of origin
political belief—this applies only to employment, employment ads, and membership in a union or occupational association
religion
marital status
family status—this does not apply to the purchase of property
physical disability, including HIV and AIDS
mental disability
sex
sexual orientation
age (if you’re 19 and above)—this does not apply to the purchase of property
criminal or summary convictions unrelated to employment or membership—this applies only to employment, and membership in a union or occupational association
lawful source of income (this applies only to tenancies)
retaliation (taking action against a person who complained to the Tribunal, was named in a complaint, was a witness, or helped someone with a complaint)
The Code prohibits discrimination in the following 8 areas:
The Code prohibits discrimination in the following 8 areas:
*tenancy premises (renting property)—section 10
*accommodation, service, and facility—section 8
*publication—section 7
*purchase of property (including commercial and residential property, bare land, and leases)—section 9
*employment ads—section 11
*wages—section 12 (this is about wage differences based on sex)
*employment—section 13
*membership in unions and occupational associations—section 14


tenancy premises (renting property)—section 10
accommodation, service, and facility—section 8
publication—section 7
purchase of property (including commercial and residential property, bare land, and leases)—section 9
employment ads—section 11
wages—section 12 (this is about wage differences based on sex)
employment—section 13
membership in unions and occupational associations—section 14
Not all 16 grounds apply to all 8 areas—some of the exceptions are described below. Human rights cases often involve the first three areas—here are more details on them:
Not all 16 grounds apply to all 8 areas—some of the exceptions are described below. Human rights cases often involve the first three areas—here are more details on them:


1.   Tenancy premises (renting property)—section 10
'''#1. Tenancy premises (renting property)—section 10'''
No person, including property owners, landlords, and building managers, can refuse to rent a space (for example, an office or an apartment) or charge a higher rent or security deposit, or otherwise discriminate against a tenant based on the grounds in section 10 of the Code. In addition, a person cannot normally stop a tenant from using common facilities. For example, in most cases, a person can’t prevent a tenant with a physical disability from using the pool. However, a person can restrict rentals as follows:
:No person, including property owners, landlords, and building managers, can refuse to rent a space (for example, an office or an apartment) or charge a higher rent or security deposit, or otherwise discriminate against a tenant based on the grounds in section 10 of the Code. In addition, a person cannot normally stop a tenant from using common facilities. For example, in most cases, a person can’t prevent a tenant with a physical disability from using the pool. However, a person can restrict rentals as follows:
*a person looking for a roommate to share their own place can restrict the rental to people based on any ground
*rentals can be restricted to people over 55—or couples or families with one member over 55—in some cases
*rentals may also be restricted to people with mental or physical disabilities—if the residence is designed for people with disabilities—in some cases


a person looking for a roommate to share their own place can restrict the rental to people based on any ground
==2. Accommodations, services, and facilities—section 8==
rentals can be restricted to people over 55—or couples or families with one member over 55—in some cases
rentals may also be restricted to people with mental or physical disabilities—if the residence is designed for people with disabilities—in some cases
2.   Accommodations, services, and facilities—section 8
Restaurants, hotels, and other service providers can’t refuse service, charge higher rates, or discriminate in any other way based on the grounds in section 8 of the Code. Governments and educational institutions cannot discriminate in providing accommodations, services, and facilities. However, the Code applies only to accommodations, services, and facilities normally available to the public. As well, the Code allows:
Restaurants, hotels, and other service providers can’t refuse service, charge higher rates, or discriminate in any other way based on the grounds in section 8 of the Code. Governments and educational institutions cannot discriminate in providing accommodations, services, and facilities. However, the Code applies only to accommodations, services, and facilities normally available to the public. As well, the Code allows:
*public facilities to be restricted by sex (washrooms, change rooms).
*insurance companies to distinguish based on sex and mental and physical disability by charging different premiums and paying different benefits.


public facilities to be restricted by sex (washrooms, change rooms).
==3. Publications—section 7==
insurance companies to distinguish based on sex and mental and physical disability by charging different premiums and paying different benefits.
3.   Publications—section 7
The Code says no person can publish or publicly display a statement, notice, publication, symbol, emblem, or sign if it shows an intention to discriminate or if it is likely to expose a person or group of people to hatred or contempt based on the grounds in section 7 of the Code. However, the Code doesn’t apply to communications intended to be private, meaning not published nor publicly displayed.
The Code says no person can publish or publicly display a statement, notice, publication, symbol, emblem, or sign if it shows an intention to discriminate or if it is likely to expose a person or group of people to hatred or contempt based on the grounds in section 7 of the Code. However, the Code doesn’t apply to communications intended to be private, meaning not published nor publicly displayed.


Exceptions and special programs under the Human Rights Code  
==Exceptions and special programs under the ''Human Rights Code''==
Charitable, philanthropic, religious, educational, and other non-profit organizations and corporations may be able to give a preference to certain people. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, age, religion, sex, marital status, political belief, colour, ancestry, or place of origin.
Charitable, philanthropic, religious, educational, and other non-profit organizations and corporations may be able to give a preference to certain people. The organization's primary purpose must be to promote the interests and welfare of a group of persons identified by a physical or mental disability, or a common race, age, religion, sex, marital status, political belief, colour, ancestry, or place of origin.


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