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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 21:17, 20 December 2022
, 21:17, 20 December 2022→3. Discrimination in Purchase and Rental of Property
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=== 3. Discrimination in Purchase and Rental of Property === | === 3. Discrimination in Purchase and Rental of Property === | ||
Section 9 provides that a person or class of persons must not be denied the opportunity to purchase real property due to their Indigenous | Section 9 provides that a person or class of persons must not be denied the opportunity to purchase real property due to their Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, physical or mental disability, sex, sexual orientation and/or gender identity or expression. | ||
Section 10 states that a person shall not be denied the right to occupy any space that is represented as being available for occupancy or be discriminated against with respect to a term or condition of the tenancy on the basis of Indigenous Identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, and/or lawful source of income. | Section 10 states that a person shall not be denied the right to occupy any space that is represented as being available for occupancy or be discriminated against with respect to a term or condition of the tenancy on the basis of Indigenous Identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, and/or lawful source of income. | ||
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'''Defences:''' Although the text of sections 9 and 10 do not contain language specifically providing for a defence to a claim of discrimination under these provisions, like all respondents, landlords and property sellers may be able to justify ''prima facie'' discrimination if they can satisfy the three elements of the ''Grismer/Meiorin'' test. This will require that they accommodated the complainant to the point of undue hardship. | '''Defences:''' Although the text of sections 9 and 10 do not contain language specifically providing for a defence to a claim of discrimination under these provisions, like all respondents, landlords and property sellers may be able to justify ''prima facie'' discrimination if they can satisfy the three elements of the ''Grismer/Meiorin'' test. This will require that they accommodated the complainant to the point of undue hardship. | ||
'''Exceptions:''' Section 10(2)(a) says the protection from discrimination in tenancy does not apply if the tenant is sharing the use of any sleeping, bathroom, or cooking facilities with the person making the representation (e.g. as a roommate). Furthermore, the reserving of specific residences for individuals aged 55 or older or for people with disabilities does not constitute discrimination (HRC, s 10(2)(b) and (c)). | '''Exceptions:''' Section 10(2)(a) says the protection from discrimination in tenancy does not apply if the tenant is sharing the use of any sleeping, bathroom, or cooking facilities with the person making the representation (e.g. as a roommate). Furthermore, the reserving of specific residences for individuals aged 55 or older or for people with disabilities does not constitute discrimination (HRC, s 10(2)(b) and (c)). | ||
=== 4. Discrimination in Employment Advertisements and Interviews === | === 4. Discrimination in Employment Advertisements and Interviews === | ||