Leading Cases – Dismissing a complaint for no arguable contravention of the Code

Section 27(1)(b)

Section 27(1)(b) of the Human Rights Code allows the Human Rights Tribunal to dismiss a complaint if it does not allege facts that could contravene the Code:

Dismissal of a complaint 

27  (1) A member or panel may, at any time after a complaint is filed and with or without a hearing, dismiss all or part of the complaint if that member or panel determines that any of the following apply:

  1. (b) the acts or omissions alleged in the complaint or that part of the complaint do not contravene the Code;

General principles 

Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168.  Under s. 27(1)(b), the Tribunal may dismiss a complaint if the acts or omissions alleged could not contravene the Code.  The determination is made on the basis of the facts alleged in the complaint, without reference to any alternative scenarios or explanations provided by the respondent: para. 12.