Case information

Human Rights — Discriminatory practices — Tribunal finding applicant’s conduct contravened s. 8 of the Human Rights Code and constituted discrimination — When can a human rights tribunal review the substantive merits of child protection issues that formed the subject matter of an ongoing or concluded proceeding in a child protection court? — Do child protection workers owe a separate duty to accommodate a parent’s interests under human rights legislation in the context of an ongoing child protection proceeding involving the parent? — When can child protection workers rely on orders of a child protection court, including orders consented to by the parent, in structuring their decision-making during an ongoing child protection proceeding? — Human Rights Code, R.S.B.C., 1996, c. 210.

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(PUBLICATION BAN)

The respondent is an Afro-Indigenous woman. The applicant, Vancouver Aboriginal Child and Family Services Society, is an Indigenous child welfare agency. The applicant removed but eventually returned the respondent’s children. The respondent felt the applicant discriminated against her in the process, and that its decisions about her ability to care for her children were based on her protected characteristics, rather than her children’s best interests. The respondent brought a complaint to the B.C. Human Rights Tribunal (the Tribunal) under the Human Rights Code, R.S.B.C., 1996, c. 210 (the Code). The Tribunal Member concluded the applicant had discriminated against the respondent. The Member ordered the applicant to pay the respondent $150,000 as compensation for injury to the respondent’s dignity, feelings and self-respect. The Member also ordered the applicant to pay the respondent $5,000 in costs for improper conduct. The chambers judge set aside the Member’s decision and remitted it to the Tribunal for further consideration. The Court of Appeal allowed the appeal, restored the order of Tribunal, and dismissed the cross-appeal.