How to File a Lawsuit at the BC Human Rights Tribunal

I just filed my first lawsuit today, using the BC Human Rights Tribunal‘s website. Well, that was the easy part; everything that comes before and after that is way harder. Do you have grievances of your own you wish settled in court? Then keep reading, and don’t just skip to the instructions; I’m serious when I say that everything that comes before the filing proper is way harder, and I’ve got plenty of warnings so you don’t screw it up.

First of all, a civil rights or human rights issue is never definitely settled before a tribunal; if you don’t break the other side into respecting you, if you fail to somehow sway the population in general, nothing will change, and whatever remedy the court might order will be at best a consolation prize. A rights issue is settled on the ground, in the court of public opinion, always. A lawsuit is only an instrument, and must be part of a wider strategy in order to be successful.

Then never forget that a tribunal is a court of law, not a court of whining. In order to win, one needs a case, making an argument based on law, grounded in facts, and supported by evidence. The overwhelming majority of cases at the BC Human Rights Tribunal get tossed out because claimants fail this most basic test. Furthermore, this tribunal only hears complaints pertaining to the BC Human Rights Code, and filing at the wrong tribunal is about as lame as not having a case. So don’t become the wrong kind of statistic by either bringing forward a case that has no merit from a legal standpoint or by screwing it up with sloppy preparation work (watch Judge Judy for as long as you can bear for examples of whiners making fools of themselves before a tribunal).

Also, the whole process is mind-boggling slow, so don’t expect an overnight verdict and remedy. In fact, it’s much better to first talk to the other side into settling the different out of court, even if you think it’s doomed to fail. Even after filing the lawsuit, it’s still better to try mediation and settle, if only because it’s much faster. And if the other party refuses dialogue outright, it’s something that can turn against them later on because it’s showing bad faith, and judges have very little patience with that. Honestly, try to work it out before trial even if you’re certain to win, if only because you have nothing to lose by extending an olive branch.

One more thing: while a tribunal is a good tribune to air one’s grievances, it still needs to be done with decorum. It’s possible to screw up even with a rock-solid case simply by misbehaving in the process. For example, giving the impression that prosecuting the case is simply blackmail in disguise is grounds enough for a judge to dismiss the case (although the bar is high). Go there in good faith, or not at all.

Hanging on? Before you even think of reaching for the online form, read the BC Human Rights Code and make sure your issue is covered by it. Then get ready for a lot more reading through the Tribunal’s website (which fortunately is far friendlier than that of the Small Claims Court). At the very least you need to be familiar with the whole complaint process before going any further. If you don’t have the patience to do this much, might as well give up right away, because you’re bound to do a hell lot more reading and research than that.

Speaking of research, one basic hurdle is finding the recipient’s legal name, which may not be as simple as it sounds, even for an individual; see Marc Bellemare versus John James Charest (the latter being Jean Charest, then premier of Quebec) for a notorious example of such a bad start. A trip to City Hall to look up the business registry may be time well spent, instead of presuming the entity’s registered name is the same as the one on its front door.

Think you’re ready to file? Not so fast. Don’t forget what I said of legal arguments: based on law, grounded in facts, supported by evidence. So sit down and think how you’re planning to plead your case from this point forth. Identity the relevant portion of the BC Human Rights Code, and riffle through the jurisprudence looking for similar cases. Jurisprudence? It’s a broad legal principle which roughly states that similar cases should be ruled similarly, and that previous rulings are strong indicators of future rulings; in other words, a judge may be swayed one way or the other simply by referring to previous decisions. Looking at past dismissals and adverse rulings can help you avoid making blunders.

In the initial filing, you’ll be required to make specific claims pertaining to your complaint. Get together a concise version of what happened, in as much detail and as precisely as necessary, and think of how you’re going to prove each item on that list. Can you call upon witnesses? Produce documents? Call for camera footage? And of course brace yourself for counterclaims; what will the respondent’s version be, and how will you counter it? Because a trial is all about settling claims and counterclaims using evidence. In the end, the winner isn’t the one who’s right, but the one who gets the most admissible evidence through, and that means the case is essentially decided long before the trial even starts, by the side that’s done its homework best. And that may be even before the offence took place.

Then comes the easy part: the filing proper. Here come the good news: it’s free, and it’s easy. Just go to the Forms section looking for the appropriate one to fill out. Most of us need Form 1.1: Complaint for an individual, which can even be completed online. I recommend going through the PDF form even if filing electronically, and writing down in advance everything you’re going to enter instead of improvising. Take your time: most filings are met with requests for more information because it’s not clear enough what the complaint is about and how it pertains to the tribunal’s jurisdiction.

So you went through and pressed the submit button? Great! Now comes the boring part: waiting. Expect at least a month before the Tribunal replies, more delays if it requires more information, then a couple months if you elected to undergo mediation, and months more to trial if the case isn’t settled. This time can be put to good use by doing more research in between; you can never be too prepared for a legal fight. Good luck!