British Columbia
Your rights, how to file a human rights complaint, and where to find legal support in British Columbia.
Overview
The British Columbia Human Rights Tribunal manages complaints related to discrimination under the BC Human Rights Code. A separate office — the Office of the Human Rights Commissioner — addresses systemic inequality through education, research, and advocacy.
Office of the Human Rights Commissioner
Focuses on systemic change through education, research, advocacy, and inquiry.
Eligibility Criteria
To file a complaint with the BC Human Rights Tribunal, your situation must meet these three requirements:
Within 12 Months
The alleged discrimination must have happened in the last 12 months.
Occurred in BC
The incident must have taken place in British Columbia.
Recognized Ground
The complaint must involve a ground recognized under the BC Human Rights Code.
Filing a Complaint
Use the appropriate form based on your complaint type. All forms are available at bchrt.bc.ca/law-library/forms.
| Form | Type | File Online |
|---|---|---|
| Form 1.1 | Individual complaint | File Online → |
| Form 1.2 | Authorization to file on behalf of someone else | Download Form → |
| Form 1.3 | Group or class complaint | File Online → |
| Form 1.4 | Retaliation complaint | File Online → |
MCS-Specific Tip
When filing, clearly state Multiple Chemical Sensitivity (MCS) and describe how the respondent's actions led to discrimination — for example, refusal to implement fragrance-free policies or failure to provide environmental accommodations.
Tribunal Process
After filing, the complaint moves through several stages. Expand each step below for details.
The Tribunal reviews your complaint for relevance and timeliness. If valid, the respondent is notified.
Some complaints may be deferred if another body or proceeding can address the issue. Under Section 25 of the Human Rights Code, the Tribunal may wait for another proceeding to finish if:
- The other body has the power to deal with human rights issues
- The other body will deal with the same issue as in the complaint
- It would be fair to put the complaint on hold
The Tribunal may also put a complaint on hold for other reasons, if it would be both fair and reasonable to do so.
Parties may use mediation to find an amicable resolution without going to a hearing.
The respondent provides a written response to the complaint. Both parties then exchange relevant documents through a disclosure process.
Under specific conditions, parties can apply to dismiss the complaint. Key requirements:
- Full disclosure of all relevant documents must be provided before filing a dismissal application
- In most cases, a respondent may submit only one dismissal application (unless new information arises)
- All other involved parties must receive a copy of the application
Two methods to submit:
- Log in to the Case Access Centre and submit electronically
- Complete Form 7.2 – Dismissal Application and send via email or mail
For detailed instructions, see the Tribunal case path practice direction →
If unresolved through earlier stages, the complaint proceeds to a formal hearing. The Tribunal then issues a written decision.
Judicial Review
If you disagree with the Tribunal's decision, you can apply to the BC Supreme Court for judicial review. This is distinct from an appeal and is used only under specific circumstances. Applications must be filed within 60 days of the decision using a "Petition" and "Affidavit."
Grounds for Judicial Review
You must demonstrate to the Supreme Court that the Tribunal member:
Error of Law
Made an error in interpreting the law.
Unreasonable Decision
Arrived at a decision that lacks reasonableness, considering the evidence presented.
Procedural Unfairness
Demonstrated unfairness in their conduct of the process.
Getting Help
If you need assistance or legal advice, consider reaching out to one of the following organizations in British Columbia.
BC Human Rights Clinic
Operated by Community Legal Assistance Society
300-1140 West Pender St.
Vancouver, BC V6E 4G1
Phone: (604) 622-1100
Toll Free: 1-855-685-6222
Email: inforbchrc@clasbc.net
The Law Centre
Suite 225-850 Burdett Ave.
Victoria, BC V8W 0C7
Phone: (250) 385-1221
Fax: (250) 385-1226
UBC Law Students' Legal Advice Program
Room 129 Allard Hall, 1822 East Mall
University of British Columbia
Vancouver, BC V6T 1Z1
Phone: (604) 822-5791