CLE Online

• key cases
• analysis and trends
• effects on practice

• the Tribunal's authority to dismiss a complaint under s. 27(1)(f) because of a related child protection proceeding, or because of a decision or settlement in a grievance proceeding
• the Tribunal's authority to dismiss a complaint under s. 27(1)(d)(ii) because the underlying issue was resolved in another proceeding and/or because going forward would result in an unnecessary duplication of resources
• the doctrine of issue estoppel and the impact of findings of fact made in other proceedings  
• discussion of lessons learned from recent decisions

• introduction: current backlog times
• brief overview of the law governing administrative delay
• practical tips to minimize the impact of delay
  • complainants
  • respondents
• changes that could be made in the process to mitigate delay

• outline of the interpretation and application of s. 27.5
• tips and tricks in using s. 27.5 for respondent counsel
• the intersection of institutional delay and failure to diligently pursue
• the presence of absence of counsel and impact of Pooyan v. British Columbia (Ministry of Health), 2025 BCSC 1210 on the application of s. 27.5

Navpreet Chhina (she/her) — Inlet Employment Law, Port Moody
Jaime H. Hoopes (he/him) — Roper Greyell LLP, Vancouver

• discuss the backlash against EDI in the USA including the legal justification behind it
• review society's EDI journey since the George Floyd murder
• provide their perspectives on the need for openness of Canadian EDI leaders, including in the legal profession, to learning from the USA experience

• update on Tribunal delays, challenges, and initiatives
• discussion of some key issues
• preview of what to expect in the remainder of the fiscal year

• review and update of significant BC Supreme Court, BC Court of Appeal, and Supreme Court of Canada cases

• what division of powers issues means and why lawyers appearing before the tribunal should be alive to them 
• the analytical framework for deciding division of powers questions and as applied in British Columbia Teachers' Federation (cob Chilliwack Teachers' Assn) v. Neufeld, 2024 BCHRT 232
• procedural options for resolving division of powers issues before the tribunal 
• avoiding common pitfalls of raising division of powers issues in an application to dismiss, including insufficient evidence and/or argument

• since the decision of British Columbia v. Gregoire, 2005 BCCA 585 ("Gregoire") was released in the mid 2000s, the common understanding amongst human rights practitioners is that a human rights complaint dies with the complainant. That is to say, the estate (or anyone else) cannot pursue a human rights complaint on behalf of someone who is deceased.
• the approach in Gregoire differs from that of other jurisdictions, where complaints on behalf of deceased individuals can continue against private parties, albeit with some limits
• Gregoire remains undisturbed in BC despite changes to the Wills, Estate, and Succession Act which broadened the remedies available to estates on behalf of deceased individuals. However, with the tribunal's recent backlog, Gregoire is becoming more and more pertinent and the tribunal may have to revisit the applicability of Gregoire in the coming years.

• discrimination as professional misconduct under the new Health Professions and Occupations Act
• disability accommodation under the Accessible BC Act
• communication duties under the Health Care (Consent) and Care Facility (Admission) Act 
• systemic discrimination whistleblowing under the Public Interest Disclosure Act

• updates on the Commissioner's inquiries on: 
  • the Adult Guardianship Act and Inquiry report We’re Still Here
  • Police and City use of exclusion zones to restrict media access during downtown Eastside forced eviction, April 5-6, 2023
  • disproportionate impact of use of force by police on certain groups of marginalized people
• updates on cases in which the Commissioner was/is an intervenor 
  • BC Teachers Federation obo Chilliwack Teachers' Association v. Barry Neufeld
  • Gitxaala and Ehattesaht v. HM the King in the Right of BC, 2023 BCSC 1680
  • RR v. Vancouver Aboriginal Child and Family Services Society, 2025 BCCA 151
  • City of Abbotsford v. Matsqui-Abbotsford Impact Society & Attorney General of British Columbia v. Matsqui-Abbotsford Impact Society (joined appeals)

• provide an overview of procedural issues in s. 8 cases
• review the "bona fide reasonable justification" defence in relation to complaints of discrimination
• provide an update on novel cases that have been heard by the BC Human Rights Tribunal and the courts since 2018

• recognizing how trauma and overlapping identities shape communication, trust, and power dynamics in dispute resolution processes
• how trauma-informed, intersectional, and intracultural approaches enhance fairness, dignity, and meaningful participation
• adapting communication styles, using flexible processes, and incorporating cultural protocols
• building trust through active listening, validation, and inclusive framing of issues
• strategies for avoiding re-traumatization and fostering psychological safety