Human Rights and Discrimination FAQs:
How Does the Charter Differ from the Human Rights Code?
The Charter applies only to the actions of government entities. Accordingly, the rights and freedoms guaranteed within are not enforceable against private entities.
The Human Rights Code applies regardless of whether or not the wrongdoer is a government entity.
Is Discrimination a Human Rights Issue?
Yes, it is. While claims of discrimination are the subject matter of many human rights complaints, human rights are a broader concept. In addition to protecting against discrimination through equality rights, the Charter enshrines democratic rights, mobility rights, legal rights, language rights, and more.
What Constitutes Discrimination?
Per the Human Rights Code, differential treatment due to Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age may constitute discrimination in applicable circumstances.
What is a Fair Settlement for Discrimination?
This depends entirely on the unique circumstances of your claim. In claims brought through the British Columbia Human Rights Tribunal, there is no mandated cap or limit to the amount of damages which can be awarded. Typically, the total amount of compensation awarded will be associated with the degree of harm suffered by the claimant.