In-Depth Notes on Human Rights Law

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  • This publication is for educational purposes only.
  • Information is subject to change without notice.
  • The UBC Group makes no claims about accuracy or completeness of information.
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  • Laws and regulations may vary locally and federally.
  • Not intended as professional advice; consult professionals for specific circumstances.

HUMAN RIGHTS LAW - Learning Objectives

  • Identify relevant legislation (Human Rights Code).
  • Discuss role and jurisdiction of the Human Rights Tribunal.
  • Explain application of the Human Rights Code in rental property management.
  • Understand the human rights complaint process and onuses for tenants and landlords.
  • Identify remedies available in human rights complaints.

INTRODUCTION TO HUMAN RIGHTS

  • Human Rights: Fundamental rights and freedoms entitled to all individuals.
  • Defined by customs, international treaties, and statutory law.
  • Aim: Ensure individuals can live free from discriminatory practices based on personal characteristics.
Human Rights Code (HRC)
  • Governs human rights law in British Columbia.
  • Provides remedies for victims of discrimination.
  • Prevails over conflicting legislation (e.g., strata bylaws, s. 4).
  • Unintentional discrimination is also prohibited (s. 2).
Human Rights in Rental Property Management
  • Human rights laws apply at all tenancy stages:
    • Tenancy applications and interviews.
    • Tenancy agreements.
    • Repairs and maintenance.

BC HUMAN RIGHTS TRIBUNAL

  • Tribunal: Independent, quasi-judicial body handling disputes under the HRC.
  • Jurisdiction: Exclusive for matters covered under the HRC.
  • Similar to a court but with relaxed rules.
  • Responsible for accepting, screening, mediating, and adjudicating complaints.
Purpose of the HRC
  • Foster no impediments to participation in life in British Columbia.
  • Promote a climate of understanding and mutual respect.
  • Prevent discrimination on various grounds (race, gender, disability, etc., s. 8).
  • Identify and eliminate patterns of discrimination.
  • Provide redress for victims of discrimination.
Grounds of Prohibited Discrimination (s. 8)
  • Race, colour, ancestry, religion, marital status, disability, sex, sexual orientation, etc.
  • Discrimination is prohibited in:
    • Publications, accommodation, services, purchases of property, tenancy, employment, etc.

RENTAL PROPERTY MANAGEMENT & HUMAN RIGHTS

Relevant Sections of the HRC
  • Section 8: Prohibits discrimination in accommodation services.
    • Must not deny access based on protected characteristics without justification.
  • Section 10: Prohibits discrimination in tenancy premises.
    • Right to occupy and terms of tenancy must not discriminate against protected characteristics.
Prima Facie Case of Discrimination
  • Complainant must prove:
    1. Possession of a characteristic protected under the HRC.
    2. Experienced adverse treatment.
    3. The protected characteristic was a factor in adversely treating.