Sentences with phrase «bc human rights»

In keeping consistent with the language of the BC Human Rights Code, the SCC ruled that the Code was meant to be interpreted in a broad context.
Get help with Supreme Court of BC, BC Court of Appeals, BC Human Rights Tribunal court forms.
However, in 2002, the sitting Liberal government abolished the Commission as well as the BC Human Rights Advisory Council as a cost - saving measure while expanding the responsibilities of the Tribunal, making it a complaint - driven Tribunal.
McCormick is an equity partner in Fasken's Vancouver office who resisted the mandatory retirement at age 65 required by the partnership agreement, arguing that it contravened the BC Human Rights Code's prohibition on age discrimination with respect to employees.
The tribunal took the Charter argument for free speech seriously but, correctly within the context of the existing BC human rights regime, ruled that Pardy's right not to be faced with discrimination in a public place while being served trumped Earle's Charter Right to say whatever he wanted.
There are no charter claims against it (see TWU 2001 at para 25), nor are there any human rights claims against it (by virtue of section 41 of the BC human rights code).
Apart from being unreasonable because it isn't linked to actual discrimination by TWU grads (which discrimination might justify the need for protection) it also fails to give weight to the charter values of religious freedom and freedom of association reflected in sections 2 and 15 (1) of the Charter, to say nothing of the provincial protections afforded to TWU's conduct under section 41 of the BC human rights code (and similar provisions in other provinces).
As the court noted in TWU, it's absurd to suggest that conduct that is constitutionally protected and protected under the BC human rights regime is against the public interest.
The Supreme Court of Canada has previously said, in the context of the BC Human Rights code, that compliance with religous tenets of a faith based school is a bona fide requirement of employment for a religious school (see Caldwell et al. v. Stuart et al., [1984] 2 SCR 603 — recently cited by the BC Court of Appeal in Vancouver Rape Relief Society v. Nixon for the basis that the Vancouver Rape Relief Center could discriminate against a non-genetic female) which held that a Catholic school could dismiss an employee who had married outside of the tenets of the Catholic faith (i.e., she had married a divorced non-catholic in a civil ceremony).
This balance is reflected, for example, in section 41 of the BC human rights code and section 18 of the Ontario human rights code, which provide exemptions from human rights legislation for certain organizations whose mandate includes serving a group identified by a protected grounds, including a particular religious group.
After all, in the gay marriage reference, the SCC suggested that, given the charter protection of relgious freedoms and the relevant provisions of provincial human rights code (including the BC human rights code with permits TWU to adopt its Community Covenant), it was unlikely that religious institutions could be compelled to perform same - sex marriages.
So long as the TWU's discriminatory behaviour is protected under the BC human rights code (and it is), it simply isn't open to the BC Law Society to conclude that accrediting TWU students is against the public interest (see TWU v BCCT).
The problem is that acceptance of gay marriage doesn't override the religious protections afforded by paragaraph 2 (a) of the Charter) or the protection afforded to religious institutions such as TWU under the BC Human rights act.
If TWU's conduct violated anyone's rights and freedoms, the BCLS wouldn't be in a position to blackball TWU, the court's or the BC human rights commission would already have shut it down.
We represent complainants and respondents in all areas of discrimination under the BC Human Rights Code.
The clinic can provide representation for clients at certain tribunals, including the BC Human Rights Tribunal and the Residential Tenancy Branch, and can assist clients on a limited basis for small claims in Provincial Court.
The problem with Abella's reasoning is that she seems to suggest that, in some circumstances, an equity partner might be an «employee» for BC human rights code purposes.
Her judgement has the effect of rendering the term «employment» more or less meaningless while introducing a rule of statutory interpretation (that so - called «quasi-constitutional» statutes — I'm not sure how the BC human rights code is more of a «quasi-constitutional» document than the BC Dog Leash Act, both have the same legal status, but that's a separate issue — should be given interpretations which bear no ressemblance to what their text actually provides.
The proper conclusion was that the BC human rights code does not apply to partners because a member of a partnership can not, almost by definition, be an employee.
Under the BC Human Rights Code, the Respondent will most likely make an application to dismiss the complaint on one or more of the ground enumerated under Section 27.
The BC Human Rights Clinic (the «Clinic») provides free legal assistance and representation to individuals who have filed complaints with the BC Human Rights Tribunal.
Confused about the difference between the BC Human Rights Tribunal and the BC Human Rights Clinic?
Schrenk v BC Human Rights Tribunal concerns how BC's Human Rights Code is interpreted and applied.
In Schrenk v BC Human Rights Tribunal, the BC Court of Appeal limited the scope of human rights protection where discrimination occurs in a workplace.
In November 2017, we shared input on the re-launching of the BC Human Rights Commission.
As a skilled and loyal advocate, Jennifer represents her clients before courts of all jurisdictions in British Columbia and Canada as well as at arbitration and before the Labour Relations Board, the BC Human Rights Tribunal, the Workers» Compensation Appeal Tribunal, and the Employment Standards Tribunal.
Our education focuses on promoting an understanding of the BC Human Rights Code and offers preventative training to ensure compliance with Code provisions.
In addition to the clinic's client services program, clinic staff conduct public legal education workshops, seminars and training sessions on topics related to the BC Human Rights Code.
The BC Human Rights Clinic operates a weekly human rights short service clinic in downtown Vancouver to:
Clinic staff can provide you with information on what protections are provided in the BC Human Rights Code and help you determine if your issue or concern falls under Code provisions.
The BC Human Rights Clinic is operated by the Community Legal Assistance Society and funded by the BC Ministry of Justice.
Confused about the difference between the BC Human Rights Tribunal and the BC Human Rights Coalition?
Starting March 25, 2018, the BC Human Rights Clinic will launch a new appointment booking system for the Monday Short Service Clinic.
You can also access an online archive of certain materials of the BC Human Rights Commission here.
Generally, you initiate your complaint of discrimination with the BC Human Rights Tribunal.
Section 27 of the BC Human Rights Code allows a Tribunal Member (Judge) to dismiss a complaint for various reasons.
The BC Human Rights Tribunal publishes information on its own processes and procedures.
The BC Human Rights Clinic's Education Program can help you understand your rights and responsibilities under BC's human rights laws.
The Human Rights Clinic is a specialized clinic that provides services to British Columbians as they relate to pursuing and understanding their legal rights under the BC Human Rights Code.
The Clinic provides free representation to complainants who have cases before the BC Human Rights Tribunal on a province - wide basis.
The BC Human Rights Code does allow for some kinds of discrimination based upon retirement age.
Cards and brochures can be ordered by contacting the BC Human Rights Clinic directly.
The BC Human Rights Tribunal is the sole agency that enforces the provincial Code.
Statutory Jurisdiction under the Code — The Tribunal can also only deal with issues of discrimination as defined within the BC Human Rights Code.
The Court has sent the case back to the BC Human Rights Tribunal to determine whether the discriminatory conduct can be justified.
VANDU and Pivot Legal Society (the Complainants) argued at the BC Human Rights Tribunal that such «removals» were a violation of theHuman Rights Code because the DVBIA's program specifically targeted people who are or appear to be homeless, a population that is disproportionately comprised of people with disabilities and people of Aboriginal ancestry.
There's no doubt that if TWU's covenant consisted of one line «No Gays», no one would even suggest that it should be accredited — it would also, almost certainly violate BC Human Rights Code.
Such a course of conduct would be illegal in BC under the BC human rights code.
But neither the BC human rights code nor the LSBC rules of professional conduct govern the behaviour of a private religious university.
On March 2, 2016, the BC Human Rights Tribunal issued the last of four decisions involving a complaint of discrimination against Amaruk Wilderness Corp. because it refused to hire the complainant, Bethany Paquette, as an assistant guide intern.
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