Who can file a human rights complaint in BC?
Anyone who believes they’ve been discriminated against under the BC Human Rights Code.
What is the first step in filing a complaint?
Submit a written complaint form to the BC Human Rights Tribunal.
What is the BC Human Rights Tribunal?
An independent body that hears and decides discrimination complaints.
What can the Tribunal order if discrimination is proven?
Compensation, policy changes, or corrective actions.
How long after discrimination occurs can someone file?
Within 12 months/one year of the alleged discrimination.
What happens after the complaint is accepted?
The respondent is notified and given a chance to respond.
What standard of proof does the Tribunal use?
Balance of probabilities (more likely than not).
Can a complaint be dismissed?
Yes, if there isn’t enough evidence or it’s outside the Tribunal’s jurisdiction.
Can someone file on another person’s behalf?
Yes, with their permission or if they cannot file themselves.
What is mediation used for?
To help both sides reach a voluntary agreement before a hearing.
How many people usually decide a case?
Typically one Tribunal member.
What type of compensation can be given?
Money for injury to dignity, lost wages, or expenses.
Name one reason a complaint might be rejected.
Filed too late, lacks details, or doesn’t involve a protected ground.
Who reviews the complaint before it’s accepted?
The Tribunal registry staff and a Tribunal member.
What does the Tribunal look for when deciding cases?
Whether discrimination likely occurred based on evidence.
Can the Tribunal order policy changes?
Yes, to help prevent future discrimination.
Can complaints be filed anonymously?
No, the respondent must know who filed it.
What happens if mediation fails?
The case moves forward to a formal hearing.
How can a Tribunal decision be challenged?
Through a judicial review in BC Supreme Court.
What does “balance of probabilities” mean?
That it’s more likely than not that discrimination occurred.