How to File a Human Rights Complaint in BC

Human Rights + Discrimination
Written By Robyn Wall

Many people experience unfair treatment but are unsure whether it crosses the line into discrimination under the law. When something feels wrong at work, in housing, or while accessing services, it can be difficult to know what your rights are or what steps to take next.

In British Columbia, the law provides a process for addressing discrimination through the BC Human Rights Tribunal, but understanding how that process works is the first step toward protecting your rights.

What Is the BC Human Rights Tribunal

The BC Human Rights Tribunal is the organization responsible for handling discrimination complaints under the BC Human Rights Code. It is an independent decision-making body that reviews claims when someone believes they were treated unfairly because of a protected characteristic.

When a complaint is filed, the Tribunal first reviews the information to decide if the claim falls under human rights law. In many cases, the Tribunal will give both sides the chance to resolve the issue through mediation. If the matter cannot be settled, the Tribunal will hold a hearing and decide whether discrimination occurred and what remedy may be appropriate.

When the BC Human Rights Tribunal Has Jurisdiction

The BC Human Rights Tribunal can hear complaints about discrimination that happens in key areas of everyday life within British Columbia. These areas include employment, housing, services available to the public, and certain publications. If the complaint falls within these areas and relates to a protected ground under the BC Human Rights Code, the Tribunal may have the authority to review the claim.

In some situations, a complaint may fall under federal law instead of provincial law. While the BC Human Rights Code applies to most workplaces and services in British Columbia, federally regulated organizations are covered by the Canadian Human Rights Act.

Some examples of federally regulated industries include airlines, banks, telecommunications companies, and some transportation services that operate across provincial borders. In these situations, complaints are usually handled through the federal human rights system rather than the Tribunal.

What Qualifies as Discrimination Under the BC Human Rights Code

Discrimination under the BC Human Rights Code occurs when a person experiences negative treatment that is connected to a protected personal characteristic. 

Protected characteristics, often referred to as protected grounds, include race, religion, sex, disability, family status, age, and other aspects of identity recognized under the Code. When these factors influence how someone is treated in areas such as employment, housing, or services, it may give rise to a human rights issue.

These resources provide additional context that may help in assessing whether a situation falls within the scope of the BC Human Rights Code before filing a complaint.

Step-by-Step: How to File a Complaint With the BC Human Rights Tribunal

If you believe you have experienced discrimination, the next step may be filing a complaint with the BC Human Rights Tribunal. The process follows several stages:

Step 1: Identify the Discrimination and Gather Evidence

Start by clearly identifying what happened. Write down key details such as dates, locations, and who was involved. It can also help to gather documents, emails, or messages that support your claim and identify any witnesses who may have seen what happened.

Step 2: Complete and Submit the Tribunal Complaint Form

To begin the process, you must submit a complaint form to the BC Human Rights Tribunal. This can usually be done online through the Tribunal’s website or by submitting a paper form. Before filing, it is helpful to review the Tribunal’s guidance to better understand the requirements and information needed to complete the complaint.

Step 3: Tribunal Screening and Notification

After a complaint is filed, the Tribunal reviews the information to determine if it falls within its authority. If accepted, the respondent will be notified and given an opportunity to respond.

Step 4: Mediation or Settlement Discussions

Many complaints are resolved through mediation before a hearing takes place. During mediation, both parties can discuss possible solutions with the help of a neutral mediator.

Step 5: Preparing for a Human Rights Tribunal Hearing

If the complaint is not resolved earlier in the process, the Tribunal will schedule a hearing. At this stage, both sides present evidence, call witnesses, and make legal arguments before an adjudicator makes a decision. The hearing normally takes place over video conference.

The Deadline to File a Human Rights Complaint in BC

In most cases, you have one year to file a complaint with the BC Human Rights Tribunal. The timeline usually starts from the date the discrimination happened or the most recent incident in case it was a continuing contravention (discrimination that happened repeatedly over time). 

This time limit is important. If a complaint is filed after the deadline, the tribunal may refuse to accept it unless there are special circumstances.

In limited situations, the Tribunal may accept a complaint filed after the one-year deadline. This usually happens only if accepting the complaint is in the public interest and if allowing the delay would not unfairly harm the other party.

When It May Be Especially Helpful to Get Legal Advice

You do not need a lawyer to file a complaint with the BC Human Rights Tribunal, and many people begin the process on their own. However, speaking with a human rights lawyer can help you better understand your rights and whether your situation may qualify as discrimination under the BC Human Rights Code.

If you believe your rights may have been violated, speaking with a lawyer early can help you understand your options and decide on the best path forward. The team at PortaLaw works with employees, professionals, and executives facing workplace discrimination and human rights issues. They also help employers who need to respond to a complaint filed by an employee, or former employee.

You can contact PortaLaw to schedule a case assessment and discuss your situation with a human rights lawyer in BC.

Frequently Asked Questions About Human Rights Complaints in BC

Do I need a lawyer to file a human rights complaint in BC?

A lawyer is not required to file a complaint with the BC Human Rights Tribunal. However, legal advice can help in understanding your rights, organizing evidence, and navigating the complaint process. A lawyer can also explain available options, assist with settlement discussions, and represent you during mediation or a tribunal hearing if the matter proceeds further.

Legal guidance can be especially helpful in more complex situations, including cases involving retaliation after a complaint, disputes with an employer, or where discrimination has resulted in financial loss or other significant impacts.

What do I need to prove in a human rights complaint?

Generally speaking, to succeed in a discrimination complaint under the BC Human Rights Code, an individual must establish three elements:

  • They have a characteristic protected under the Code

  • They experienced an adverse impact

  • The protected characteristic was a factor in that impact

This framework is commonly referred to as the Moore Test. The Tribunal might apply a different test, depending on the situation.

Even if you can establish the three elements, the respondent (in employment cases, this would be the employer) might have a justifiable reason for the discrimination. For example, the discrimination may be based on a bona fides occupational requirement. 

What happens if the BC Human Rights Tribunal finds discrimination?

If the Tribunal determines that discrimination occurred, it can order remedies to address the harm and help prevent similar conduct in the future. These outcomes are intended to both compensate the individual and promote compliance with human rights obligations.

Can I receive compensation for discrimination?

Yes. The Tribunal may award compensation for injury to dignity, feelings, and self-respect. This reflects the emotional and personal impact of the discrimination. The amount depends on a range of factors, including the seriousness of the conduct and how it affected the individual.

What other remedies can the Tribunal order?

In addition to compensation, the Tribunal may order steps to correct the issue. This can include requiring the respondent to stop the discriminatory conduct, implement policy changes, or provide appropriate accommodations. In employment-related cases, compensation for lost wages or benefits may also be awarded.

Robyn Wall
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