July 2014 Human Rights Digest
May/June 2014 Human Rights Digest
Order of Canada for Shelagh Day
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How to Waste Public Resources
Here's an idea: as a government, you could have your lawyers spend three years trying to stop the Human Rights Tribunal from hearing a complaint from a prisoner because it was filed out of time. And, at the same time, you could try to ensure that, if the complaint was accepted for hearing, it was framed so narrowly that any remedy would have as little effect as possible. That's what the Solicitor General of British Columbia did in British Columbia (Public Safety and Solicitor General) v. Mzite (CHRR Doc. 14-3052).
The BC Code has a six month limitation period for filing a complaint. But the Tribunal has the authority to accept a late complaint if it is in the public interest to do so. Charles Mzite filed his complaint 19 months late. Mzite was incarcerated at...
$161,737 for Lost Wages Awarded to Person with a Developmental Disability
DISABILITY — EQUAL PAY / Decision on an application alleging discrimination in employment on the basis of disability. The applicant, who is a person with a developmental delay, alleged that while she performed substantially the same duties as general labourers who did not have developmental disabilities, she was paid significantly less. The Tribunal found that the pay differential was a...
What Was Said
B.C. Human Rights Tribunal, Enid Marion
"The multi-party process … is a collaborative one. The parties need to work together to determine the physical and mental disabilities that require accommodation, the nature of the accommodation required, and what steps might reasonably be taken to implement that accommodation. This process may take time, particularly when there are multiple persons requesting the same or similar accommodation …
The duty of the respondents is to provide a reasonable, not a perfect, accommodation.”
Human Rights Digest 15-5, July 2014