Friday, November 9, 2012

Relief for discrimination limited to claims before a hearing tribunal

Moore v British Columbia 2012 SCC 61 rather unexpectedly rules in favour of a claim of discrimination under the BC Human Rights Code for a case of dyslexia. In so doing, however, the Court limited the relief granted and held that it is improper for a human rights tribunal to make sweeping orders that would alleviate discrimination against parties not before the tribunal. The Court rules: 

[64]                          But the remedy must flow from the claim.  In this case, the claim was made on behalf of Jeffrey, and the evidence giving concrete support to the claim all centred on him.  While the Tribunal was certainly entitled to consider systemic evidence in order to determine whether Jeffrey had suffered discrimination, it was unnecessary for it to hold an extensive inquiry into the precise format of the provincial funding mechanism or the entire provincial administration of special education in order to determine whether Jeffrey was discriminated against.  The Tribunal, with great respect, is an adjudicator of the particular claim that is before it, not a Royal Commission.

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