BarTalk April 2003
Volume 15, Number 2

Draft Rules of Practice and Procedure

by David St Pierre

On March 31, 2003 the new Human Rights Code (Bill 64) and a new set of Draft Rules of Practice and Procedure went into effect to govern B.C. human rights complaints. The rules cover the Tribunal’s powers, the filing and delivery of communications, the making of a complaint, responding to a complaint, the management and streaming of complaints, alternate dispute resolution, pre-hearing applications and hearings and post-hearing matters. There is also a set of forms to be used for various filings. The Rules are described below.

PART 1: General – states that the purpose of the rules is to facilitate the just and timely resolution of complaints filed with the Tribunal under the Human Rights Code, R.S.B.C. 1996, c. 210, as amended (the “Code”). Under Rule 3 the Tribunal’s powers are extensive and essentially allow a member to change the Rules at their discretion. Under Rule 4 non-compliance with a rule or order of a tribunal member can lead to costs being awarded against the offending party or the claim being dismissed.

PART 2: Filing and Delivery of Communications – Participants may be represented by a lawyer, agent or themselves. Rules 6-9 deal with the technical requirements for providing an address for delivery, filing documents with the Tribunal and other participants.

PART 3: Making a Complaint and Responding to a Complaint – Rule 10 deals with the technical requirements of completing and filing the complaint form. Importantly, the complaint must be filed within six months of the last date of the alleged discrimination. Rule 13 deals with responding to a complaint. A response must be made within 14 days of the day that the Tribunal served a copy of the complaint upon the respondent. Rule 13(11) states that the Tribunal will extend the time limits for certain filings where the complainant and the respondent have expressed an interest in early settlement. Rule 14 deals with filing a complaint outside of the six-month time limit.

PART 4: Management and Streaming of Complaints – Rule 15 deals with deferral of complaints if the complainant has commenced proceedings in another forum. Rule 16 states that the Tribunal manages complaints toward resolution by directing complaints into appropriate streams [Rule 17]; using alternate dispute resolution [Rule 21]; determining preliminary applications [Rule 23]; and hearing and deciding the complaint [Rule 34]. Under Rule 17 there are two streams of complaints: the standard stream, set by the requirements of Rule 18; or the case-managed stream, set by a member under Rule 19. The Tribunal will assign a complaint to the standard stream unless the parties request an expedited hearing under Rule 20 or the Tribunal determines that a complaint would be more appropriately case-managed by a member under Rule 19. Some factors in this determination are the novelty and complexity of the issues, the likelihood of settlement, the remedies being sought and the potential for constitutional challenges. Under Rule 20 participants may request an expedited hearing (within three months) if the hearing of the complaint is not longer than two days.

PART 5: ADR and Settlement – Rule 21 allows the Tribunal to assist the parties to achieve resolution through mediation or structured negotiations. If a party does not want to participate in a settlement meeting, they must provide the Tribunal with the reason for not wanting to participate.

PART 6: Pre-hearing Applications – This sets the pre-hearing application process. The applicant must find out the position of the other side and take practical steps to resolve the issue. Rule 27 allows for Intervenors who wish to be involved in the hearing of a complaint. Rule 30 states that a party may be liable for costs if they engage in improper conduct during the course of the complaint.

David St Pierre is a Co-Chair of the CBABC Equality Committee and a criminal defense lawyer with Cobb St. Pierre Barristers in Gastown.

This article was published in the April 2003 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.