Tag: #BCHRT

BC HRT on Strike Monday Sept 22nd

I emailed the BC HRT this morning to submit a reply to an application. Below is the email I received in their automated email reply. I almost fell off my chair when I saw this. I had to read it a few times to just process what I was looking at.

Who knows how long this is going to last for but expect delays. Even when they do get back to work, they are going to be returning to a mountain of backed-up work.

They also have a message posted on their website.

I feel for everyone in the system who is urgently needing their issue resolved. Society really undervalues the role the BC HRT plays, and I feel an investment in BC HRT is essential to create a more fair and just life for those who are facing discrimination. We need a more prompt system to navigate and have issues addressed.

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Subject: Temporary Closure due to Strike Action

Due to notice of strike action beginning on Monday, September 22, 2025, please note the following:

BC Human Rights Tribunal Office – 1270 – 605 Robson Street, Vancouver

The Tribunal’s office at this location is closed. Please do not attend the office in person unless you have a matter scheduled at this location.

Hearings and Mediations

Hearings and mediations are generally proceeding as scheduled. If you have a hearing or mediation scheduled, you will be contacted if there are any changes to the schedule.

Phone Lines

The Tribunal will monitor its voicemail messages for urgent matters. If your message is not an urgent matter, it will be responded to when the Tribunal resumes services.

Email, Mail and other Deliveries

Regular communications are not being monitored during this time. Expect delays as a result. A mailbox is available outside the Tribunal office’s entrance if you wish to make a delivery. The mailbox will be monitored daily from 8:30 to 4:30.

Urgent Communications

The Tribunal will be monitoring its inbox for urgent matters only such as:

· • Communications regarding hearings and mediations scheduled in the next 4 weeks;

· • Extension requests for deadlines within the next 4 weeks;

· • Application materials including fast track requests; and

· • Service of judicial review materials.

·

If your matter is urgent, you must mark “URGENT” in the subject line with the case number. We recommend you also leave a message at (604) 775-2000, telling us you have sent an urgent email.

Date of Receipt

Email and Fax: Communications sent by email or fax will be considered received on the date of the email or fax. Communications received after 4:30 will be dated the following business day. Please keep a copy of your sent email for your records.

Complaints Filed Online: Any new complaints filed online are automatically dated on the date they are submitted on the Tribunal’s system.

Mail and Courier Deliveries: Deliveries by mail and courier will be dated the date of receipt. Access to the mailbox at the Tribunal’s office closes at 4:30 each day.

We appreciate your patience and understanding during this interruption to our services and regret the impact this has on the processing of the complaint. The Tribunal will make its best efforts to process materials filed during the strike action when it resumes services.

Sincerely,

BC Human Rights Tribunal

Current Process of a Human Rights Complaint

There can be a variation in how your complaint proceeds depending on all sorts of factors. It won’t necessarily be the exact same for everyone.

Here are the RULES for any part of the complaint.

The tribunal has the power to change these rules.

Rule 2 – Tribunal Powers
(1) The tribunal may exercise any power under these rules at the request of a participant or on its own initiative.


(2) The tribunal may waive or vary these rules and may shorten or lengthen any time limits in these rules, as it considers appropriate in the circumstances.

Here are the steps in the process and some good-to-know info:

  1. Submit a complaint. (They will not inform the school that the complaint is being processed.)

You then WAIT – length depending if you filed an application for fast tracking. You can apply for fast-tracking if you have specific reasons at any point in your process.

Even after just submitting your complaint, some people send demand letters at this point. This of course, will be situation specific. When cases are clearly discriminatory or if you are not asking for money and just specific accommodations, those are accepted more easily.

Some people do not want to inform their school for their own reasons, and some like to inform their school. I suggest that there are a lot of strategic reasons to inform them that you have done this. More on this below. I feel it offers a certain level of protection for many reasons. One reason is that they aren’t allowed to retaliate against you or your child for filing a complaint. But, each person’s situation is different, and you need to do what is most comfortable for you and your family.

2. The complaint decision will arrive by email.

Accepted – both you and the respondents will be informed

Declined – only you will be informed

If the complaint is accepted, the respondents will now have a due date to submit a response to your complaint to you and the tribunal via email.

3. Settlement meeting. They are now automatically being set up and you will be informed of the date when you receive the complaint decision.

Settlement meetings can be requested at any time as you move through the process. This won’t be your own shot. Both parties need to agree. Also, at any time, you can submit to the respondents a settlement offer on paper. You just need to put “Without prejudice” at the top of your email. Here is one article of many on how to write without prejudice settlement offers.

There are also different types of mediation options. I highly encourage you to read about those.

IF IT WAS NOT SETTLED, it continues.

4. Document Disclosure

This is when you make a list of all of the emails and documents of evidence you have. You send the tribunal and the respondents the list. You send your evidence to the respondents. They will send you their list and documents as well.

You can file applications to remove redactions and apply for documents they haven’t handed over that you feel are relevant to your case. Even if you have gone through OIPC, ask again. The HRT has more power to get you documents.

When you are filing applications or possibly facing a dismissal decision, every decision the tribunal responds to could possibly turn into a public decision, but there is no guarantee.

I have noticed that if the decision advances the human rights code, or is helpful for public knowledge and learning and transparency, they are more likely to post it. But there is no guarantee.

You may also want to consider if you should be amending your complaint at all.
You may want to add additional elements after going through all of your documents, or after consulting with the BC Human Rights Clinic or Disability Alliance. If you are adding smaller details, it’s called adding “particulars”. If you are changing the scope of the complaint (adding new allegations), then that will lead to a decision from the tribunal for them to be accepted or not.

5. Case path decision from the tribunal. Then the tribunal will decide if they will allow the respondents to submit a dismissal application or you will have hearing dates booked.

There are a lot of reasons why they can apply to dismiss your case. If you go on the dismissal form 7.2 you will see the list on page 2 of 6.

They can file a dismissal application by offering you a reasonable settlement. If there is nothing novel about your case, the tribunal may force you to accept their offer by dismissing your case if you don’t accept it.

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Pattinson v. University of Northern British Columbia (No. 4), 2025 BCHRT 57

[3]               The University made a with prejudice offer to Mr. Pattinson to resolve the complaint. Mr. Pattinson did not accept the offer. The University applies to dismiss the complaint on the basis that it would not further the purposes of the Code to proceed with a hearing in circumstances where it made a reasonable settlement offer.

[4]               Mr. Pattinson opposes the dismissal application and disputes that the University’s offer is reasonable.

[5]               For the following reasons, I grant the application and dismiss the complaint. I find the University’s settlement offer is reasonable and it would not further the purposes of the Code to proceed. To make this decision, I have considered all the information filed by the parties. In these reasons, I only refer to what is necessary to explain my decision.

Notable paragraphs in the case to understand this process more in-depth, I encourage you to read paragraphs 22-24, 27, 36, 38, 56, 59.

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You will need to explain the tribunal and convince them that your case is novel and is in the public interest for the resources and time to be used up by the tribunal for your case to go to a hearing.

For people who actually want to take their case to a hearing, *** TIP: If they don’t think you will actually take your case to a hearing, they may think that you’ll fold before the hearing and not worry about you. If you actually do want to take your case to a hearing, you are going to want them to underestimate you. Don’t let them worry about you. This option will only be available to them 4 months before the hearing. Once you get past this deadline, you are in the clear. Lawyers ALWAYS underestimate parents. They may not do this if they think the tribunal won’t grant the dismissal. If there is something novel or hearing-worthy about your case, then they may not even try. However, you can still fight this and wait for a decision from the tribunal. You will still be able to accept their offer after you get a decision from the tribunal. So you never know, it may be worth it to reject their offer, fight it and see if you can get a public decision out of it, and you’ll still get the offer anyway.

7. Case Management Meeting between the tribunal member, the respondents and yourself about your hearing. Mediation will be offered again to see if you and the district can resolve it. These meetings happen about a month or so before your hearing.

If you don’t want a hearing, this is another opportunity to settle. Depends on how much hardball you want to play.

**Case management meetings can happen at other times, and you can also ask for a case management meeting too.

8. Hearing.

After the hearing is done, most often people submit closing arguments by written submission. You’ll be writing out your final argument on paper. I highly suggest as you move through the hearing that you take notes as you move along, of argument ideas that you are going to want to summarize in your argument. You will have weeks to complete this. 4 weeks is possible. It won’t be a panic rush or anything.

And then wait for the decision – maybe at least 6 months, depending on the complexity of the case

9. Decision arrives by email. You will be informed the day before to let you know that it is coming the next day.

Navigating the human rights tribunal is kind of like a choose-your-own-adventure. It totally depends on what your complaint is about, what YOU want to do with it and how far you want it to go, and the purpose behind you filing the complaint. It all depends.

For advice and help in writing up a complaint, please book a consultation appointment with BC Human Rights Clinic and Disability Alliance. Parents have found these consultation periods very helpful. Send them a draft of your complaint, and you can get great advice.

For some more tips that I can post publicly, see here.

Fairness at the BC Human Rights Tribunal

There are a lot of people self-representing themselves in many legal avenues. Small claims courts, family law, and residential tribunals are just to name a few. Most people navigating the human rights tribunal are self-represented as well.

What all these legal avenues have in common is that they are swamped with work, backed up, and everyone in these systems experiences way longer delays than anyone should ever have to experience. Navigating the human rights tribunal system has taught me patience and the art of waiting like no other experience has or would.

Fairness for a self-represented person is very important. We always want to make sure we are experiencing a fair process, especially when we are in an adversarial legal situation against lawyers. Already, it feels unfair. Because it is. So the process becomes extra important. The term you want to research is “procedural fairness”.

Tribunal members, adjudicators and judges are very used to dealing with the self-represented litigant vs. lawyer situations. This happens A LOT! To start out with, between 50-80% of the people are self-representing, depending on the area of law. That is already incredibly high. Then, of the self-representing litigants in this study “89.3% of respondents said that the other side in their case was represented by counsel, while 10.6% percent stated that the other side was also self-representing.” (p. 6) Wow, so most people are representing themselves in legal proceedings and most of the time they are up against lawyers.

There is a lot of case law already on trying to ensure a fair process.

There are cases that will point this out, and I encourage you to earmark these and use them just in case you feel you need them. There are lots on the procedural fairness page on the BC HRT below.

Here is one example of the HRT bending to ensure fairness:

Teacher v. School District and others, 2025 BCHRT 179

[3]               The Teacher provided further evidence and argument in her Form 5 – Time Limit Reply, which I decided to consider because she is self-represented and should be given some latitude in raising new allegations and arguments in reply. In fairness to the Respondents, I considered their further submissions responding to the Teacher’s reply. Finally, I considered the Teacher’s reply to the Respondent’s further submissions as a matter of fairness.

Here is another case regarding making submissions

Taylor v Mallany, 2019 NLCA 25

[24]      At paragraph 53 of the decision, Green J.A. notes that the Principles impose responsibility on judges, court officials, and members to the Bar to “ensure that self-represented persons are provided with fair access and equal treatment by the court” which includes “opportunities for all persons to understand and meaningfully present their case.” And further at paragraph 54, he suggests that the Principles should be treated as having some legal effect:

The Right to Make Submissions

[26]      A fundamental element of the right to be heard is the right of a party to present their case to the decision-maker.

Procedural Fairness at the HRT

Here is the page on procedural fairness for the BC Human Rights Tribunal. I encourage you to read this if you are going to be navigating the process.

Here are some things that I have learned:

  1. If you are having meetings, you can ask for an agenda to be created so that you know what to expect and can do some research beforehand to prepare for the meeting
  2. ALWAYS ask questions. If you think something is fishy, ask! You have a right to ask questions.
  3. Push the line. If you think something isn’t fair, say so. People can’t read your mind and you are the one with all of the information about your situation. These systems aren’t designed for anyone in particular, so if your situation doesn’t fit the mold, speak up. Always ask for something that you want. If they say no, then you at least got your answer. Don’t assume the answer will be no.
  4. Lawyers aren’t allowed to take advantage of you becuase you are self-representing, so if you they are messing with you, you can call them on it by filing an improper conduct complaint with the HRT or file a complaint with the law society.

Here are some of my tips for navigating the HRT.

The tribunal members have their hands tied in many ways, but I can tell you, I have noticed when they are still able to stay in their lane, uphold case law, they will be flexible to ensure fairness to both sides. Which I have appreciated.

The HRT is a legal process. It’s a legal test. Doesn’t mean your experience didn’t happen.

Like any self-representing person, reading case law is a great place to learn about law. Here are the instructions to navigate Canlii. There are lots of great YouTube videos for people self-representing.

And for those who are interested, here is a fascinating report on self-represented litigants in Canada.

If Nothing Else…It’s Okay to Take up Space

I cannot tell you the number of times I have had someone who works in government tell me this:

“If things were as bad as you say they are, then we would see more complaints being filed.”

Which is BS. As we all know. There is a long list of reasons why parent(s)/guardians aren’t filing complaints.

The reality of this statement is, in terms of “systems”, if no one complains, it’s like it never happened.

When you file a complaint, your complaint becomes part of the data that the external complaint system collects, and annual reports become public-facing. It also informs the individual staff what is happening in education. This is at the micro level of advocacy. People’s stories do change and inform people working in these systems. Filing complaints creates data. It’s one thing if things happen to a few people, then the system blames the individuals. But complaints about the same issue from a lot people, now people take notice. Now the red flags get raised. Data makes our lived experience undeniable. Complaints filed in external processes have the potential to make micro-level and macro-level impacts.

Just like in court, evidence is required. To create public policy, you also need evidence. You can’t just make vague assertions on what you are seeing in the media or hearing through the grapevine from people. Although, this is often what will trigger people’s inquiries into the subject. Governments/organizations need concrete data. They need lived experiences through their own collection. Secondary data, from someone else, in research terms can be called dirty data, when you are using data that you didn’t collect, you need to “clean it”. They need evidence that is reliable and valid.

There are people reading our complaints. It does inform them. It does provide them with information. Information can change how people think and how they approach situations at work.

You can’t unring a bell.

So, if nothing else…even if your complaint doesn’t lead to the outcome you want, filing alone is advocacy.

The Ombudsperson BC investigation into exclusion is an example of how the volume of complaints triggered action. The survey is open until April 1st.

I have had an interesting conversation with a parent recently and they were weighing the pros and cons of filing a human rights complaint. They really liked the idea of someone just reading their complaint. Anyone. The fact that someone was going to find out what had happened to them.

I have to say, I get it. When I was testifying at my child’s hearing it lasted a full day. I was so excited to testify. I couldn’t wait. I remember thinking if nothing else, and this hearing ends after a couple of days, I have had the opportunity to lay everything out in detail to someone and they have had to LISTEN TO ME. It was literally their job to listen to every word I said. They had to really pay attention and not come up with arguments in their head while they were listening to me. Their job was literally to intensively listen to me. I literally felt like I lost 10o pounds after that testimony day. Someone heard me. AND this person is a tribunal member who makes decisions and will be making more decisions in the future about education cases. I wanted them to know just how bad this stuff is. They asked me before the hearing if another tribunal member could observe my testimony day, as they were onboarding new tribunal members. I was like….ABSOLUTLEY! I felt like, hey…you want to invite all the tribunal members, sure! Bring EVERYONE!!!

Some parents have felt that a settlement meeting brings similar peace. It forces the school district to listen to them. Settlement meetings can last all day if needed. Many school districts deal with parents by just ignoring them. Wrong move school districts. Parents with unmet needs are going to find other ways to get them met and I guarantee you, you aren’t going to like it.

If nothing else….

Your child’s experience will count.

Your experience will count.

It won’t be like it didn’t happen.

It did happen!

And someone is going to read about it, and it will be absorbed into their knowledge and awareness of whatever position of power they are in.

If nothing else….someone is going to hear you.

It’s okay to take up space.

Settlement & Mediation Information

Here is some settlement and mediation information.

Fact Sheet from the BC Human Rights Clinic on settlement and mediation

https://bchrc.net/…/FACT-SHEET-Mediations-and…

Guide to Settlement Meetings from the BC HRT (BC Human Rights Tribunal)

https://www.bchrt.bc.ca/law…/guides/settlement-meeting

How to Prepare for Settlement Talks

https://www.bchrt.bc.ca/…/prepare-for-settlement-talks

Mediation policy and mediation process from the BC HRT https://www.bchrt.bc.ca/law-library/policies/mediation/

If there is no settlement resolution, the respondents may decide to file a dismissal application if they feel they have made you a reasonable offer. https://www.bchrt.bc.ca/law…/guides/dismissal-apps/da-7/

Settlement amounts have been noted by the BC HRT in decisions that settlement amounts are increasing. Just because they may apply, doesn’t automatically mean they will be able to force you to accept the amount. Their offer needs to be in the reasonable range of what the tribunal would award you. See this case below.

Bahrami Ghahnavieh v. SolidCAD, A Cansel Company, 2024 BCHRT 226

https://www.canlii.org/…/2024bchrt226/2024bchrt226.html

[33] However, I accept that the trend in Tribunal awards for injury to dignity is upwards…

[38] In the circumstances of the complaint, I find that SolidCAD’s offer of $4000 to Ms. Bahrami Ghahnavieh for injury to dignity is not within the reasonable range of what the Tribunal might order if Ms. Bahrami Ghahnavieh is successful at the hearing on merits. For these reasons, I deny SolidCAD’s application to dismiss the complaint.

The only person that can give you an idea of what would be reasonable based on the context of your complaint would be a lawyer.