Dismissal applications
DA2: Complaint about conduct outside BC
Last updated: January 30, 2024
Page contents
- Legal test: section 27(1)(a) of the Human Rights Code
- Jurisdiction
- Legal test: connection to British Columbia
Legal test: section 27(1)(a) of the Human Rights Code
Section 27(1)(a) of the Human Rights Code says the Tribunal can dismiss a complaint if: “the complaint … is not within the jurisdiction of the tribunal”
The respondent must show that the Tribunal does not have jurisdiction over the complaint.
Jurisdiction
Jurisdiction means power. The Tribunal will dismiss a complaint if it decides that it does not have the power to deal with it.
The BC government created the Human Rights Code. The Code gives the Tribunal power to deal with complaints. But the Code does not apply to all complaints of discrimination:
- The Code only applies to conduct that the BC provincial government can regulate. It does not apply to conduct that only Canada’s federal government can regulate. The legal term is “federally-regulated” matters. See DA1: Complaint involves a federally-regulated matter.
- The Human Rights Code only applies to conduct connected to British Columbia. Read this page for more information.
Legal test: connection to British Columbia
The respondent must show that its conduct does not have a sufficient connection to British Columbia.
Sample argument
“The complaint is about a job in the United States. All of the work was in the US.
I rely on DesRoches v. Hardt, 2009 BCHRT 300. It is not enough that the complainant was in BC when he agreed to take the job.
The complaint does not show a sufficient connection to BC. The Tribunal has no power to deal with it.”