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HUMAN RIGHTS
YOUR RIGHTS TO KNOW
we don't live in a perfect
world. Discrimination is all
round us and it can interfere with
ur daily lives. From the waitress
hose boss or customers leer and
grab, to the Indo-Canadian worker
red as a "trouble-maker" for
obecting to racist graffiti in the
workplace; human rights
isolations can happen to just about
n
a yone. But The British Columbia
human Rights Act protects our
rights in three main areas; 1)
employment, 2) Accommodation,
services and Facilities customarily
vailable to the public, and 3)
enancy & Purchase of Property.
In Canada, human rights
legislation is governed both
ederally and provincially. The
Canadian Human Rights Commission
is the federal agency that deals
with human rights complaints,
issues and education. The Canadian
Human Rights Act is the legislation

that covers all federally regulated
businesses and agencies. The B.C.
Human Rights Act deals with the
same things on a provincial level,
Some 85% of employers in B.C. are
under provincial jurisdiction. In
this brochure we will talk about
human rights violations
provincially.
in B.C. we have a Human Rights
Council made up of not more than
five people appointed by the
provincial government. This
Council deals with human rights
complaints and violations. If
you're not sure whether your
complaint is a federal or provincial
matter, contact The British Columbia
Council Of Human Rights or your
local Employment Standards
Office if it is closer. The Human
Rights Coalition is also here to
help de-mystify the system. A
directory for all these offices is
located at the end of this booklet.

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On The Job
Employment
A person cannot be refused work,
promotion, be fired or forced to
work under different conditions
because of:
Age
Race
Colour
Ancestry
Place of Origin
Political Belief
Religion
Marital Status
Physical or Mental Disability
Sex (including sexual harassment
and pregnancy)
Conviction For A Criminal Or
Summary Conviction Charge
That Is Unrelated To The
Employment

Employment
Advertisements
Employers are not allowed to
exclude any class or category of
person from their advertisements
unless the preference is based on a
genuine occupational requirement.
For example, a blind person
applying for a job as a cab driver
could be turned down because
total vision is a genuine
occupational requirement for
driving.

Job Applications and
Interviews
Your employer can ask you
personal questions during your
interview. However if you believe
this information is used to deny
you an opportunity to work then
you probably have grounds for a
legitimate human rights
complaint.

For example, if your employer
inquires about your health and
then says he or she is rejecting
your application because you are
an insulin dependent diabetic, you
can challenge this discrimination.
Even if you have reason to suspect
unjust discrimination but have no
concrete evidence you may still be
able to file a complaint.

Wages
The most frequent wage
discrimination is directed against
women. Women and men should
receive the same rate of pay for
work that is similar or
substantially similar.

Unions
You can't be excluded, expelled,
suspended or discriminated
against by any trade union,
employers' organization or
occupational association because
of any of the categories listed
under "Employment"

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Finding A Home
No one can be refused tenancy or
vary any condition or tenancy
because of:
Race
Colour
Ancestry
Place Of Origin
Religion
Marital Status
Physical Or Mental Disability
Sex (including pregnancy and
sexual harassment)
The Act doesn't cover tenancy
where sleeping, bathroom or
cooking facilities are shared.
Housing co-operatives run by non­
profit groups can also be exempt
from this Act. When a non-profit
group is promoting the welfare of
an identifiable group of class or
persons (see list under "Finding A
Home") it won't be contravening
the Act by granting preference to
members of this group.
If, for example, a non-profit society
sets up a housing development
specifically or physically disabled
people it can turn down
applications from able-bodied
individuals.

Tenancy
If you are trying to rent
accommodation The Human Rights
Act can protect you.
Unfortunately, a landlord can
refuse to accept tenants with
children and can turn down

tenants because of their financial
status i.e. welfare recipients.
Depending on the circumstances,
you can sometimes argue sex or
marital status discrimination when
turned down for housing. If you
aren't sure you have a complaint
that is covered under the Act,
contact the Coalition.
Issues specific to landlord tenant
relations fall under the Residential
Tenancy Act.

Purchasing Property
It is discrimination to deny the
opportunity to purchase a
commercial or dwelling unit, land
or an interest in land on the basis
of any of the categories listed
under "Finding A Home"

Open To Everyone
No one can deny a person
accommodation, service or use of a
facility that is customarily open to
the public or vary the quality of
service because of:
Race
Colour
Ancestry
Place Of Origin
Religion
Marital Status
Physical Or Mental Disability
Sex (including sexual harassment
and pregnancy)

The Act exempts the category of
sex when the maintenance of
public decency is involved (i.e.
men cannot use women's change
rooms) and also exempts both sex
and disability when they relate to
the determination of premiums
and benefits of life or health
insurance.

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Other Protection
Sexual Harassment: This is not
something you have to put up
with. Sexual harassment most
commonly occurs in the
workplace. It can take the form of
sexual suggestions or jokes and
may go as far as actual physical
abuse. It is considered
discrimination on the basis of sex
and is an infringement of the Act.
Pregnancy: Discrimination against
pregnant women is also
considered sex discrimination. The
Human Rights Act protects
pregnant women in all of the
above mentioned areas.
Discriminatory Publications: No
one can publish or publicly
display a notice, sign, symbol,
emblem or other representation
indicating discrimination against a
person or class of person covered
by the B.C. Human Rights Act. This
is subject to the Civil Rights
Protection Act which allows people
to freely express opinions by
speech or in writing.
Age: The Act protects against age
discrimination in employment.

Public Facilities and
Services
You are disabled and in a
' wheelchair. Upon entering a
restaurant the manager tries to
"shoo" you out because your
wheelchair will take up too much
space and scuff up his floor. You
are a Native Indian looking for a
hotel room. You see a vacancy sign
on a hotel and go in to inquire
about a room. The clerk claims
they're all booked but as you leave
you notice a white couple being
told there are rooms available.
Both these incidents are examples
of human rights' violations. You

cannot be denied access to
accommodation, services or
facilities generally available to the
public because of discriminatory
policies or practices. The quality
and condition of service also
cannot be varied due to
discrimination.

A Walk Through
The System
Filing a Human Rights
Complaint
Here is a step by step guide for
filing a human rights complaint.
As each complaint is unique, you
may not need to go through all the
steps. Usually you should file the
complaint yourself. However in
some cases a third party complaint
is allowed. For example if the
complainant is a child then a
parent can file, or if the
complainant is mentally disabled a
guardian can file. You must file
within six months of the incident
of the discrimination although the
Council may accept complaints
after this deadline in special cases.
It's important to know that you are
protected in your right to file a
complaint. It is unlawful for
anyone to evict, discharge,
suspend, expel, intimidate, impose
any penalty or otherwise
discriminate against you because
you have filed a complaint.
You should exhaust other avenues
open to you before filing a
complaint. For instance, file a
grievance if you are in a union and
your complaint is covered under a
collective agreement. It is the
employer's responsibility to

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provide a workplace free from
discrimination.
Before filing, prepare a list of the
following information:
a) The date(s) of the incident(s).
b) The place where the incident
occurred.
c) The name, address, etc., of the
person or establishment that
discriminated against you.
d) A description of the
incident(s).

STEP ONE
To file a complaint contact your
local Human Rights Branch. An
Intake Officer will advise you as to
whether or not it is under their
jurisdiction. If you disagree with
the advice and feel you have a
valid complaint, ask the Intake
Officer to forward it to the Human
Rights Council for review.
It may take a year to sixteen
months before your case is heard
so it is important to keep a written
record of each incident and to
keep track of any witnesses. Keep
copies of all written
correspondence and records of all
telephone conversations, meetings,
etc. It is also a good idea to have
thought out what solutions you
might seek.
The following information will
strengthen your position:

If anyone else has observed a
discriminatory practice against
you, or if anyone else has
received the same
discriminatory treatment,
record this and try to get
written statements from these
witnesses.
2) Names, addresses, phone
numbers of all witnesses.

1)

3)

If you have contacted any
other agencies for help
(unions, women's groups,
immigrant centres, welfare
workers, etc.) keep a written
record of who you talked to,
what was said, and what, if
any, action was taken.

The Intake Officer will prepare
your complaint which will now be
referred to as the Particulars Of
Allegation. This will then be
handed over to the Human Rights
Council. The Council may either
dismiss the complaint or designate
one member of the Council
(Council Designate) to receive
submissions from both sides of the
case.

STEP TWO
Your complaint has now reached
the point of investigation. The
Council Designate will appoint a
person from the Council to be the
Industrial Relations Officer (IRO) to
conduct the investigation. The
Officer will go over the particulars
of the allegation with the
complainant. Make sure the IRO
clearly understands your
allegation. As part of the
investigation the IRO will talk
with your witnesses and to the
Respondent(s) and any of their
witnesses to get their side of the
story. The IRO will submit all of
the information regarding the
complaint to the Council. At this
point the Council prepares a
summary of the investigation and
may decide not to proceed for
some of the following reasons:
1) They don't have the legal
power to deal with your
complaint, (i.e.) It would be
better dealt with by another
level of government or under

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another Act.)
2) Your complaint is based on
facts that occurred more than
six months before you filed
your complaint
3) They may decide that your
information doesn't prove that
discrimination occurred.
If the Council does decide to
formally recommend that the case
be dismissed, this response is sent
to both the complainant and
respondent who have ten days to
dispute it in writing if necessary.

STEP THREE
After reviewing all the information
presented to them, interviewing
witnesses etc., the Council will do
one of the following:
a) Discontinue the complaint
(usually done due to lack of
evidence).
b) Recommend a settlement
agreeable to both parties. If
your case proceeds past this
point and is dismissed at a
later stage you risk the loss of
this settlement.
c) If a settlement isn't possible,
your case will be referred to
the Minister of Labour with
recommendations from the
Council.
d) The Council may decide to
conduct its own hearing and
order a settlement where it
concludes that discrimination
has occurred.

STEP FOUR
The Hearing will consist of one
member (not the Council
Designate) of the Council of B.C.
Human Rights who is appointed
to hear the case. You will need to

be represented by a lawyer at the
Hearing. Human rights
complainants are covered by legal
aid and a list of lawyers skilled in
human rights is available from the
Human Rights Coalition. All
members of the Council will
participate in deciding your case.
The Hearing will hear both sides
of the complaint. A court recorder
will be present to insure an
accurate record of the proceedings.
The decision won't be made at this
hearing and you may have to wait
several months or more for the
outcome. The decision will be in
writing and a full explanation of
its contents will be given.
If you win your case settlement
orders can include:
An order that the guilty party
stop the discriminatory
practice, and
b) Return to the victim the right
or opportunity that was
denied, and
c) Award expenses or lost wages,
and sometimes
d) Order compensation of up to
$2,000 (for emotional damage)

a)

STEP FIVE
The Act doesn't have an appeal
process built into it but if you or
the other party aren't satisfied
with the decision of the Council or
a Board of Inquiry, you can apply
for a judicial review of the
decision. Under a judicial review,
a Supreme Court judge will be
asked to review the decision and
may reopen your case. You will
also need a lawyer at this point.

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What The Human
Rights Coalition Can
Do For You
you deserve to have your
complaint dealt with fairly. The
Coalition can help you untangle
the red tape leading up to having
your complaint heard and can
attend Council hearings with you.
Other agencies can also help. A
system exists to protect your rights
and uphold a standard for
everyone in our province. Use it
when you know your rights have
been violated and help keep the
rights we do have alive and well in
British Columbia.

Glossary Of Human Rights Terms
APPEAL — To ask for a new
decision to be made (no appeal
process is in place under the
present B.C. Human Rights Act).
B.C. COUNCIL OF HUMAN
RIGHTS — A five member council
that has responsibility for
enforcing the B.C. Human Rights
Act.
B.C. HUMAN RIGHTS ACT —
Legislation that covers human
rights in all provincially regulated
businesses and agencies. It
specifically protects rights in three
areas; 1) Employment, 2)
Accommodation, Services and
Facilities customarily available to
the public, and 3) Tenancy and
Purchase of Property.
B.C. HUMAN RIGHTS
COALITION —Anongovernmental coalition of groups
and individuals whose objective is

to better human rights conditions
in B.C. through advocacy and
education.
CANADIAN HUMAN RIGHTS
ACT — Legislation passed in 1977
that covers all federally regulated
businesses and agencies.
CANADIAN HUMAN RIGHTS
COMMISSION — Established in
1977 by the Canadian Human
Rights Act to deal with human
rights complaints, issues and
education.

COMPENSATION — Something
given to make up for a loss (e.g.
money for emotional or physical
injury, or wage loss).

COMPLAINANT — The person
who files a complaint.
DISCRIMINATION — To be
treated differently/unjustly
because you are a member of a

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certain group (e.g. to be denied a
job because you are a woman, to
be denied housing because you are
non-white, etc.).
HARASS — To be bothered
repeatedly (e.g. unwanted physical
touching).
HEARING — This is STEP FOUR
of the complaint procedure where
the allegation is formally heard.
INDUSTRIAL RELATIONS
OFFICER (IRO) — Employees of
the Ministry of Labour who may
help to investigate human rights
complaints.
INTAKE OFFICER — The person
who receives the formal human
rights complaint and advises you

as to whether or not the facts as
presented constitute possible
grounds for discrimination. The
officer also may forward the
complaint to the B.C. Human
Rights Council for review.
MINISTRY OF LABOUR — The
provincial government ministry
responsible for human rights in
B.C.
PARTICULARS OF
ALLEGATION —The
complainant's statement or claim
that has yet to be proved.
RESPONDENT — The person or
company who is charged with
discrimination (e.g. employer,
landlord, etc.).

Directory of Resource Agencies
Non-Governmental Agencies
B.C. Coalition of the Disabled
#211-456 West Broadway
Vancouver V5Y 1R3
875-0188
B.C. Human Rights Coalition
#107-96 East Broadway
Vancouver V5T 1V6
872-5638

#418-620 View
Victoria, B.C.
V8W 1J8 382-3012
Downtown Eastside Residents
Association
#4-9 East Hastings St.
Vancouver V6A 1M9
682-0931
MOSAIC
2nd Floor -1720 Grant St.
Vancouver V5L 2Y7
254-9626
OASIS
8165 Main St.

Vancouver V5X 3L2
324-8186
Single Mother's Housing Network
6560 Gilbert Rd.
Richmond V7C 3V4
278-8033
Tenants' Rights Clinic
191 Alexander St.
Vancouver
9 a.m. - 12 p.m. Saturdays

Union of B.C. Indian Chiefs
200-73 Water St.
Vancouver V6B 1 Al
684-0231
United Native Nations
#300-33 East Broadway
Vancouver V5T 1V4
879-2420
Vancouver Gay & Lesbian
Community Centre
1170 Bute St.
Vancouver V6E 1Z6
684-3303 or 684-6869

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Vancouver Lesbian Connection
876 Commercial Dr.
Vancouver V5L 3W5
254-8458
Vancouver Persons With AIDS
(PWA) Coalition
#1-1170 Bute St.
Vancouver V6E 1Z6
683-3381
Mail to: Vancouver PWA Coalition
Box 136,1215 Davie St.
Vancouver V6E 1N4
Vancouver Status of Women
#301-1720 Grant St.
Vancouver V5L 2Y7
255-5511

Government Agencies
Employment Standards Office

BURNABY
Deer Lake Centre
4946 Canada Way
Burnaby V5G 4J6
299-7211
CHILLIWACK
45904 Victoria Avenue
Chilliwack V2P 2T1
795-8400
CRANBROOK
Room 101
117 10th Avenue South
Cranbrook VIC 2N1
426-1291
COURTENAY
Room 206, Court House
420 Cumberland Road
Courtenay V9N 2C4
334-1225
DAWSON CREEK
1201 103rd Ave.
Dawson Creek VIG 4J2
784-2390
KAMLOOPS
220-546 St. Paul St.
Kamloops V2C 5T1
828-4516

KELOWNA
301-1644 Richter St.
Kelowna VIY 8N3
861-7404

NANAIMO
204-190 Wallace St.
Nanaimo V9R 5B1
755-2342

NELSON
Provincial Buildings
310 Ward St.
Nelson VIL 5S4
354-6550
PENTICTON
3547 Skaha Lake Rd.
Penticton V2A 7K2
492-1333
PRINCE GEORGE
Room 464, Plaza 400
1101 4 th Ave.
Prince George V2L 3H9
565-6120
TERRACE
4548 Lakelse Ave.
Terrace V8G 1P8
638-3272
WILLIAMS LAKE
540 Borland St.
Williams Lake V2G 1R8
398-4478

British Columbia Council of
Human Rights
VICTORIA
Parliament Buildings
Victoria V8V 1X4
Toll free: 1-800-663-0876
Local Area: 387-3710
VANCOUVER
406-815 Hornby St.
Vancouver V6Z 2E6
660-6811
Canadian Human Rights Commission
(Federal)
609 West Hastings St.
Vancouver V6B 4W4
666-2251