For the Tribunal to dismiss a complaint under s. 27(1)(d)(ii) of the Code on the basis that the complaint has already been remedied, you must show:
It would not further the purposes of the Code to proceed with the complaint because there has been a remedy for the conduct complained about.
The purposes of the Code are set out in s. 3. They include preventing discrimination, providing remedies for discrimination, and promoting a society without barriers “to full and free participation in the economic, social, political and cultural life of British Columbia.”
The purposes of the Code may be met without a complaint proceeding to a hearing, including if the respondent has taken steps to address the problem that the complaint is about.
The respondent must have taken the problem seriously and addressed the impact on the complainant. The remedy provided does not need to be exactly what the complainant wanted or would have received if the complaint was successful.
Example of a remedy: A respondent may have promptly investigated a harassment complaint, disciplined the individual involved, and provided education under a human rights policy to prevent further incidents.
Example where no remedy given: A respondent may have investigated a harassment complaint but decided over the complainant’s objection, that no other steps were necessary.