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Difference between revisions of "Introduction to Human Rights (6:I)"
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Introduction to Human Rights (6:I) (view source)
Revision as of 19:46, 20 December 2022
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Section 92 of the ''Constitution Act, 1867'' lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, as well as generally all matters of a merely local or private nature in the province. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal (BC HRT). Human rights violations that have taken place in BC will usually fall under the provincial legislation. The limitation date under provincial jurisdiction was recently extended to one year from the previous six-month limitation period. This change was introduced through the ''Human Rights Code Amendment Act'' 2018, which received Royal Assent on November 27, 2018. See [[BC_Human_Rights_Code_(6:III)|Section III]] of this chapter for more on matters under provincial jurisdiction in BC. | Section 92 of the ''Constitution Act, 1867'' lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, as well as generally all matters of a merely local or private nature in the province. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal (BC HRT). Human rights violations that have taken place in BC will usually fall under the provincial legislation. The limitation date under provincial jurisdiction was recently extended to one year from the previous six-month limitation period. This change was introduced through the ''Human Rights Code Amendment Act'' 2018, which received Royal Assent on November 27, 2018. See [[BC_Human_Rights_Code_(6:III)|Section III]] of this chapter for more on matters under provincial jurisdiction in BC. | ||
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 purposes underlying it. The CHRC has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at | 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 purposes underlying it. The 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/en/complaints/make-a-complaint. This tool is not always accurate, so if an entity is not found there but you have reason to believe that it is federal, follow up with further inquiries and analysis. | ||
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