This information sheet tells you:
The respondent must show that the complainant’s facts could not be discrimination.
See section 27(1)(b).
In most cases, the legal test for discrimination has three parts:
For more information, see:
The legal test for discrimination is different in some areas. For more information, see:
The Tribunal will only consider the complainant’s facts.
The complainant does not need to prove discrimination now. They only need to state facts that show there could be discrimination.
The Tribunal does not consider the respondent’s facts under s. 27(1)(b).
The Tribunal does not consider the respondent’s defence.
See Information Sheet D4 if the respondent wants to rely on their own facts or defence.
“The complainant says we disciplined him because of his disability.
I rely on Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168 at paragraph 16. It is not enough to say, “I have a disability and the respondent treated me unfairly.”
The complainant says he has bipolar disorder. He says we gave him a written warning for his conduct in February. He does not show any connection between his disability and the warning. He does not say his disability caused his conduct. The facts in the complaint do not suggest his disability was a factor in our decision to discipline him.”