Contents


BC Human Rights Tribunal

What is the Tribunal's Role in Judicial Review?

If a party files a judicial review application in BC Supreme Court, they must give the Tribunal a copy of the petition and affidavit.

What happens to the Tribunal complaint?

The Tribunal continues with the complaint (unless the Tribunal decision dismissed it). Either party can ask the Tribunal to delay a hearing or defer a complaint until the Court makes a decision.

What does the Tribunal do in the judicial review?

If the Tribunal decides to take part, a lawyer will file a Response to Petition and affidavit. The affidavit may explain the Tribunal process and the information the Tribunal had to make its decision. This is called the record. The Tribunal’s lawyer may file a written argument and go to the court hearing.

What can the Tribunal tell the court?

The Tribunal is not allowed to tell the court that its decision is correct. The Tribunal usually makes comments about:

  • The Tribunal’s powers under the Human Rights Code
  • The Tribunal’s process
  • The Tribunal’s record
  • The Court’s powers, including that:
    • Generally, the Court should wait until the Tribunal finishes with the complaint before it hears a judicial review
    • Generally, the Court can only consider information the Tribunal had when it made the decision
    • The test the Court should use to decide if the Tribunal made an error (called the “standard of review”)
    • If the Court decides the Tribunal made an error, the usual remedy is to order the Tribunal to reconsider the matter

Will the Tribunal’s lawyer act for me?

No. The lawyer only represents the Tribunal’s interests. Find out where you may get help below.

Where can I get legal advice?

Lawyer Referral Service
(604) 687-3221
1-800-663-1919
Web site:www.cba.org/bc

Community Legal Assistance Society
Suite 300 - 1140 West Pender Street
Vancouver, BC V6E 4G1
Telephone: (604) 685-3425
Fax: (604) 685-7611
Toll Free: 1-888-685-6222
Web site: http://www.clasbc.net/

Access Pro Bono Society of British Columbia
300 – 845 Cambie Street
Vancouver, BC
Canada V6B 4Z9 
Client Line:  604-878-7400
Toll free: 1-877-762-6664
Fax Line:  604.893.8934
E-mail:  help@accessprobono.ca  
Web site: http://accessprobono.ca/

Where can I get information about the Court process?

The BC Supreme Court has information for people who do not have a lawyer. You can get information from the Court, or online.

In Vancouver, you can get general information about court procedures at:
Vancouver Justice Access Centre
Self-help and Information Services
Web site: http://www.supremecourtselfhelp.bc.ca/index.htm
290 – 800 Hornby Street
Vancouver, BC V6Z 2C5