Flood of complaints about masks, vaccines causing major delays at BC Human Rights Tribunal

VANCOUVER (NEWS 1130) — Hundreds of complaints about COVID-19 measures are flooding in to the BC Human Rights Tribunal overwhelming its capacity to address urgent cases of discrimination in employment, housing, and access to services.

Emily Ohler, chair of the tribunal, says 585 complaints in the first six months of 2021 relate to mask or vaccine requirements — and that’s only the cases that have already been reviewed. While the tribunal was set up with the capacity to handle around 1,000 cases each year, this year’s caseload could exceed 3,000.

“Human rights are foundational – both to individuals and to the fabric of our province. The Tribunal needs to be able to provide just and timely resolutions to people. We take our mandate to do that very seriously. We understand that we are just not doing that right now as we try to work through the volume of complaints that we are facing,” she writes in a statement.

COVID-19 complaints show ‘misunderstanding’ of discrimination, human rights 

While Ohler acknowledging that some cases may involve discrimination based on a protected characteristic, such as disability, she notes many show a “misunderstanding” of the province’s Human Rights Code and the role of the tribunal.

“The Tribunal does not investigate. We do not give advice. We cannot help if you think your Charter rights are being violated or you don’t like the laws the Government is adopting. The Code does not protect personal choice or personal preference,” she continues.

“If you believe that the Government is violating your human rights by telling you what to do with your body, the Tribunal cannot do anything for you.”

We're receiving many calls on vaccine passports. We appreciate hearing from you, but our small team has limited capacity. For concerns on public health orders, contact the Provincial Health Officer: 250-952-1891. To contact us, instead of calling, email: info@bchumanrights.ca pic.twitter.com/gY0kgf3rWC

— BC's Office of the Human Rights Commissioner (@humanrights4BC) September 8, 2021

The code protects British Columbians from discrimination based on “race, colour, ancestry, place of origin, religion, family status, marital status, physical disability, mental disability, sex, age, sexual orientation, political belief or conviction of a criminal or summary conviction offence unrelated to their employment.”

Delays deter, discourage people from accessing tribunal

Laura Track is the director of the BC Human Rights Clinic at the Community Legal Assistance Society. The clinic provides free information, advice, and representation to people who are navigating a human rights complaint. News that complaints are being significantly delayed does not surprise her at all.

“We’re very much impacted by the delays in the system. Our clients are waiting months and sometimes years for even just preliminary decisions on applications and their complaints,” she tells NEWS 1130, adding their advice to clients now has to include an honest discussion about how long a claim might take to proceed.

“What it means for some complainants is that they don’t bother. They decide not to take action and seek accountability for the discrimination they’ve experienced because the prospect of waiting two to three years for an ultimate resolution of their complaint is just too much to bear, and they walk away.”

And the stakes are high in so many of these cases, Track explains.

“The kinds of cases we see are things like sexual harassment at work, people who are terminated a week after they announced they’re pregnant, people evicted or denied an apartment because of their sexual orientation, racial profiling at stores and businesses. So, really serious forms of discrimination happening in fundamental areas of their lives,” she says.

“These are the kinds of cases that people are walking away from despite having a strong complaint.”

‘Issues that cry out for urgent resolution’ left unaddressed: lawyer

Those who aren’t deterred or discouraged by the lengthy process face barriers to having the discrimination they have experienced addressed, according to Track.

“If there’s any urgency to a complaint these days it’s very difficult for the Tribunal to assist — an eviction situation, a student whose disability-related needs are not being accommodated at their school. These are issues that really cry out for urgent resolution,” she explains.

“Everyone deserves just and timely resolution of their human rights issue, but, in particular, for these cases where someone’s job is on the line, someone’s home is on the line — it’s that much more important that the tribunal be able to assist and step in quickly to help with a resolution. It is simply all but impossible for them to do that in these circumstances.”

RELATED: B.C. vaccine passport: Lack of exemption could spur legal challenges

Track, like Ohler, says it is important to note that complaints related to COVID-19 measures like masks or vaccines are not necessarily frivolous, also using the example of a person with a disability who is unable to comply with a mandatory mask policy as an example.

The BC Vaccine Card is now in effect. People 12+ must show proof of vaccination to access dine-in restaurants, gyms, indoor performances & other non-essential services.

People with medical contraindications may request an exemption.
Learn more on our blog https://t.co/OXoqYAFeRp

— BC Human Rights Clinic (@bchrc) September 14, 2021

However, she is also echoing Ohler’s concern that many of these complaints just aren’t about discrimination.

“If you just simply object to the requirement to get a vaccine, or you have a political objection or personal preference not to be vaccinated — the Human Rights Tribunal is not for you,” she says.

She recommends people thinking about using the tribunal in this way familiarize themselves with the law.

RELATED: B.C. judge dismisses churches’ petition against COVID-19 rules: lawyer

Earlier this month, the tribunal made the unusual move of publishing two decisions dismissing complaints received after B.C. announced its Vaccine Card program.

“Thee Tribunal has received a large volume of inquiries and complaints alleging discrimination in connection with the pending vaccination requirements. This issue has emerged as one of considerable public interest and concern,” Ohler wrote when dismissing a complaint that named Provincial Health Officer Dr. Bonnie Henry as the respondent.

“In light of the volume of these types of complaints and public interest in this issue, I am publishing this screening decision.”

Ohler goes on to say the person who filed the complaint did not prove they experienced an “adverse impact” as a result of of the policy and instead expressed “an ideological opposition to or
distrust of the vaccine.”

The second decision, which named Premier John Horgan a sthe respondent, was similarly dismissed.

Ohler and TRck both say people who feel their Charter-protected rights or freedoms are being violated by public health orders have the option of taking that case to court.