This information sheet tells you:
Section 27(1)(d)(ii) of the Human Rights Code says the Tribunal can dismiss a complaint if:
“proceeding with the complaint … would not further the purposes of this Code”.
Section 3 of the Human Rights Code sets out the purposes. The purposes include:
The Tribunal may dismiss a complaint if there is already a remedy. In that case, the parties do not need to use the Tribunal’s resources.
The Tribunal might dismiss a complaint in other situations.
The Tribunal may consider:
“The Tribunal should dismiss the complaint because of the complainant’s conduct.
We rely on Bakhtiyari v. BCIT (No. 5), 2007 BCHRT 200.
The complainant makes malicious comments about:
- the respondent
- the respondent’s lawyer
- Tribunal staff and members.
Examples are: [list of examples of comments made].
The Tribunal warned the complainant to stop. The complainant did not stop. Examples are: [list of examples after the Tribunal warned the complainant].
The Tribunal ordered costs against the complainant. He still did not stop. Examples: [list of examples after the Tribunal ordered costs].
This conduct abuses the Tribunal’s process. The only solution is to dismiss the complaint.”