White v. The Roxy Cabaret Ltd.

White v. The Roxy Cabaret Ltd.

The Tribunal's dismissal was quashed because it failed to provide adequate reasons addressing the central contested evidentiary issue (the stated discriminatory reason for denial of entry) and impermissibly relied on unsworn submissions/other information without explaining how it reconciled that material with the limited sworn evidence, constituting a breach of procedural fairness; matter remitted to Tribunal for reconsideration by a different member.

Citation
2011 BCSC 374
Parties
Petitioner: Colleen Mitchell White; Respondent: The Roxy Cabaret Ltd.; Respondent: Vancouver Police Board; Respondent: British Columbia Human Rights Tribunal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2011
Procedural Posture
Judicial Review of Human Rights Tribunal Decision / Decision on Application for Judicial Review
Outcome
March 30, 2010 decision of the British Columbia Human Rights Tribunal quashed
Legal Topics
Dismissal Under S.27(1)(c) of the Human Rights Code, Standard of Review (patent Unreasonableness), Procedural Fairness and Adequacy of Reasons, Admissibility and Weight of Unsworn Evidence, Discrimination on the Basis of Ancestry
Source Language
English
Human Rights Law Administrative Law Tribunal Procedure Dismissal Under S.27(1)(c) of the Human Rights Code Standard of Review (patent Unreasonableness) Procedural Fairness and Adequacy of Reasons Admissibility and Weight of Unsworn Evidence Discrimination on the Basis of Ancestry

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Parties

Colleen Mitchell White

Petitioner

The Roxy Cabaret Ltd.

Respondent

Vancouver Police Board

Respondent

British Columbia Human Rights Tribunal

Respondent

Procedural Posture

Judicial Review of Human Rights Tribunal Decision / Decision on Application for Judicial Review

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing the complaint under s.27(1)(c) as having no reasonable prospect of success
  2. 2 Whether the Tribunal improperly relied on counsel submissions and unsworn/unsourced information on the central issue
  3. 3 Whether the Tribunal provided adequate reasons addressing contested evidence

Ratio Decidendi

The Tribunal's dismissal was quashed because it failed to provide adequate reasons addressing the central contested evidentiary issue (the stated discriminatory reason for denial of entry) and impermissibly relied on unsworn submissions/other information without explaining how it reconciled that material with the limited sworn evidence, constituting a breach of procedural fairness; matter remitted to Tribunal for reconsideration by a different member.

Court Disposition

March 30, 2010 decision of the British Columbia Human Rights Tribunal quashed

Orders

  • Quash the Tribunal decision dated March 30, 2010 dismissing the complaint of Colleen Mitchell White
  • Remit the matter to the British Columbia Human Rights Tribunal for reconsideration by a different Tribunal member