Difference between revisions of "Governing Legislation and Resources for Human Rights (6:II)"
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Revision as of 23:23, 2 September 2022
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 21, 2022. |
A. Legislation
Human Rights Code, RSBC 1996, c 210, as amended [HRC]
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 [1].
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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 9:00am and 4:30pm, and Wednesdays between 5:00PM and 8:00PM.
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The B.C. Civil Liberties Association (BCCLA)
If the client’s legal issue also extends to Charter rights, the BCCLA may provide assistance.
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The Canadian Human Rights Commission
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Western Region
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National Office
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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.
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.
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