For the Tribunal to dismiss a complaint under s. 27(1)(b) of the Code, you must show:
The facts alleged by the complainant, even if proved, could not be discrimination under the Code.
With respect to most areas of daily life protected under the Code, there are 4 parts to discrimination:
With respect to publications, employment advertisements, and discrimination in wages based on sex, there is a specific test for discrimination.
See the Information Sheets about human rights in each of the protected areas under the Code.
Under s. 27(1)(b), the respondent must show that, even if everything the complainant says in the complaint is true, it could not be discrimination under the Code.
The Tribunal will only consider the complainant’s version of the facts. The complainant does not need to prove discrimination at this stage. All they need to do is describe facts showing there could be discrimination.
In rare cases, a complaint may set out facts that, if proved, could not be discrimination because of a defence under the Code.
For example, a complainant alleges they were denied employment due to a recent conviction that is clearly related to the employment
The Tribunal does not consider any alternate version of the facts presented by the respondent or any defence the respondent might have, under s. 27(1)(b). (This information may be considered in an application to dismiss a complaint under s. 27(1)(c) or at the hearing of a complaint.)