St. James Community Service Society v. Johnston and the British Columbia Human Rights Tribunal

St. James Community Service Society v. Johnston and the British Columbia Human Rights Tribunal

The Court applied a correctness standard, found the Tribunal failed to apply the Law test on human dignity and improperly refused to consider mandatory s.41 protection; accordingly the Tribunal's orders were quashed and the matter remitted for reconsideration allowing evidence on those issues.

Citation
2004 BCSC 1807
Parties
Petitioner: St. James Community Service Society; Respondent: Brent E. Johnston; Respondent: British Columbia Human Rights Tribunal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 December 2004
Procedural Posture
Judicial Review Petition Under Judicial Review Procedure Act / Oral Reasons in Chambers Disposing Petition to Quash Tribunal Decisions and Remitting Matter
Outcome
Tribunal decisions set aside and matter remitted to the British Columbia Human Rights Tribunal for reconsideration
Legal Topics
Discrimination, Bona Fide Occupational Requirement, Section 41 Preference/exception, Standard of Review, Judicial Review, Remittal
Source Language
English
Human Rights Administrative Law Employment Law Discrimination Bona Fide Occupational Requirement Section 41 Preference/exception Standard of Review Judicial Review +1 more

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Parties

St. James Community Service Society

Petitioner

Brent E. Johnston

Respondent

British Columbia Human Rights Tribunal

Respondent

Procedural Posture

Judicial Review Petition Under Judicial Review Procedure Act / Oral Reasons in Chambers Disposing Petition to Quash Tribunal Decisions and Remitting Matter

Legal Issues

  1. 1 Appropriate standard of review for Tribunal legal questions
  2. 2 Whether petitioner discriminated in employment contrary to s.13 of the Human Rights Code
  3. 3 Whether the Tribunal applied the Law test requiring objective and subjective impairment of human dignity

Ratio Decidendi

The Court applied a correctness standard, found the Tribunal failed to apply the Law test on human dignity and improperly refused to consider mandatory s.41 protection; accordingly the Tribunal's orders were quashed and the matter remitted for reconsideration allowing evidence on those issues.

Court Disposition

Tribunal decisions set aside and matter remitted to the British Columbia Human Rights Tribunal for reconsideration

Orders

  • Set aside the Tribunal orders made June 10, 2004 and July 6, 2004 pursuant to s.37(2) of the Human Rights Code
  • Remit the matter to the Tribunal for reconsideration with directions to consider the Law dignity test and s.41 of the Human Rights Code and permit the parties to adduce evidence on those issues