Case information

Human rights — Discriminatory practices — Administrative law — Procedure — Natural justice — Applicant filing human rights complaint against civil liberties association — Human rights tribunal refusing to accept complaint, and dismissing applicant’s requests for reconsideration and for recusal of tribunal member — Chambers judge dismissing applicant’s petition for judicial review — Court of Appeal dismissing appeal from judicial review decision — Whether application raises legal question of sufficient public importance to warrant appeal — Human Rights Code, R.S.B.C. 1996, c. 210, ss. 14, 21, 27.

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The applicant, Claufield Coote, filed a complaint with the respondent, the British Columbia Human Rights Tribunal (the “Tribunal”), against the British Columbia Civil Liberties Association (“BCCLA”) and certain named individuals, alleging that the BCCLA singled him out for differential and adverse treatment based on a prohibited ground of discrimination listed in the B.C. Human Rights Code. The Tribunal declined to accept Mr. Coote’s complaint, on the basis that it failed to set out an arguable contravention of the Code. The Tribunal then issued a second decision, dismissing Mr. Coote’s application for reconsideration of the first Tribunal decision, and dismissing his request for recusal of the Tribunal member who had issued the first decision.

The chambers judge at the Supreme Court of B.C. dismissed Mr. Coote’s petition for judicial review of both Tribunal decisions, finding that neither decision was patently unreasonable. The B.C. Court of Appeal dismissed Mr. Coote’s appeal from the chambers judge’s decision.