ENFORCEMENT AND PROCEDURE - Parties - Complainants - Conduct of proceedings and rules of procedure

Law360 Canada ( November 12, 2024, 1:52 PM EST) -- Appeal by Skerry from the judicial review of the British Columbia Human Rights Tribunal's ("Tribunal") decision refusing to accept her human rights complaint. Skerry filed a human rights complaint with the Tribunal alleging discrimination by the Pacific National Exhibition (PNE), its employees, and union representatives in relation to her employment up to and including her termination. She alleged discrimination on multiple grounds, including political belief, religion, marital status, family status, disability, sex, gender identity or expression, and age. The Tribunal refused to accept her complaint for filing under s. 27(1)(b) of the Human Rights Code ("Code"), which allowed dismissal without a hearing if the alleged acts could not contravene the Code. Skerry applied for judicial review, focusing on the grounds of disability, arguing that the Tribunal's decision was patently unreasonable, and its process was unfair. The chambers judge dismissed her judicial review application, concluding that the Tribunal's decision was not patently unreasonable, and its process was fair. On appeal, Skerry contended that the chambers judge erred in his conclusions and adduced new evidence and arguments not presented during the judicial review which she said was her former lawyer's fault....
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