The BC Human Rights Tribunal is an independent body that decides complaints of discrimination under the BC Human Rights Code. When a school district discriminates against your child because of their disability, the tribunal is where you seek legal accountability.
Disability discrimination in education falls under Section 8 of the Code, which prohibits discrimination in services customarily available to the public. Education is a service. Your child has the right to access it without discrimination.
What it can do
The tribunal has real power. If your complaint succeeds, the tribunal can:
- Find that discrimination occurred and say so publicly
- Order the district to stop the discriminatory practice
- Order the district to implement specific accommodations
- Order the district to change policies
- Award compensation for injury to dignity, feelings, and self-respect (typically $5,000–$30,000 in education cases)
- Award compensation for out-of-pocket expenses (private assessments, tutoring, therapy)
- Award compensation for lost wages if you had to leave work
The tribunal’s orders are legally binding. However, a complainant must enforce orders in court (BC Supreme Court under s.39 of the Human Rights Code) if the district does not comply.
What it cannot do
The tribunal cannot act quickly. Expect two to three years from filing to resolution. While it cannot provide emergency relief while your complaint is pending, an urgent complaint may qualify for the Tribunal’s “fast-track” process. This provides a practical remedy for time-sensitive issues. It cannot guarantee you will win—many complaints are dismissed at screening or fail at hearing.
Who can file
You can file on behalf of your child. You do not need a lawyer. You do not need to pay a filing fee.
The deadline
You must file within one year of the most recent discriminatory act. If discrimination is ongoing, the clock resets with each new incident. But do not wait—file as soon as you recognise that what happened was discrimination.
If you are past the one-year deadline, you can ask the tribunal to accept a late complaint, but you will need to explain the delay and show it would be in the public interest to proceed. The Tribunal will accept a late-filed complaint only if it is in the public interest and causes no unfair prejudice
How to file
File online through the tribunal’s website at bchrt.bc.ca. The complaint form asks for:
- Your information and your child’s information
- The respondent (usually the school district, named as “Board of Education of School District No. XX”)
- The ground of discrimination (disability)
- A narrative describing what happened
You can attach documents, but you do not have to include everything at filing. You can provide additional evidence later.
What happens after you file
Acknowledgment: The tribunal will acknowledge your complaint, usually within a few weeks.
- Screening: The tribunal reviews whether your complaint is within its jurisdiction and whether it could constitute discrimination. Some complaints are dismissed at this stage. If yours is dismissed, you can request reconsideration.
- Response: If your complaint proceeds, the tribunal sends it to the district. The district has a deadline to respond.
- Mediation: The tribunal offers mediation early in the process. A mediator helps you and the district explore settlement. Many complaints resolve here. You do not have to accept any offer—if mediation fails, your complaint continues.
- Disclosure: Both sides exchange documents and information relevant to the complaint.
- Hearing: If the complaint is not resolved, it proceeds to a hearing. You present your case; the district presents theirs. A tribunal member decides.
- Decision: The tribunal issues a written decision, which is usually published. If you win, the decision includes remedies. If you lose, the complaint is dismissed.
%%{init: {'theme': 'base', 'themeVariables': { 'primaryColor': '#fbfaf3', 'primaryBorderColor': '#e69632', 'lineColor': '#000000'}}}%%
flowchart TD
A[File complaint online<br/>bchrt.bc.ca<br/>No fee, no lawyer required] --> B[Acknowledgment<br/>Within a few weeks]
B --> C{Screening}
C -->|Complaint accepted| D[Sent to district for response<br/>District has deadline to reply]
C -->|Complaint dismissed| E[Request reconsideration<br/>or complaint ends]
D --> F[Mediation offered<br/>Voluntary for both parties]
F -->|Settlement reached| G[Complaint resolved<br/>Terms may include compensation,<br/>accommodations, policy changes]
F -->|No settlement| H[Disclosure<br/>Both sides exchange documents]
H --> I[Hearing scheduled<br/>You present your case<br/>District presents theirs]
I --> J[Decision issued<br/>Usually published]
J -->|Complaint successful| K[Remedies ordered:<br/>Compensation,<br/>accommodations,<br/>policy changes]
J -->|Complaint dismissed| L[Complaint ends<br/>Judicial review possible<br/>in limited circumstances]
TIMELINE[Typical timeline:<br/>2–3 years from filing to decision<br/>Many complaints settle at mediation]Getting help
Contact the BC Human Rights Clinic before you file. They provide free legal assistance for human rights complaints and may be able to represent you. Reach them through the Community Legal Assistance Society (CLAS) at clasbc.net.
The tribunal also has a guide for self-represented complainants on its website.
What happens next after I file a complaint?
The Tribunal screens your complaint. Screening can take 12 months or more. After screening your complaint, the Tribunal will tell you if your complaint is accepted for filing.
If your complaint is not accepted for filing, you may be able to give the Tribunal more information to change their decision. You may have to ask the Tribunal for a reconsideration. Or, you might have to seek judicial review.
What information gets shared with the respondent?
If your complaint is accepted for filing, the Tribunal serves the respondent with a copy of your complaint against them. The Tribunal uses the contact information for the respondent that you provided on your complaint form.
You can tell the Tribunal not to share your phone number or address with the respondent. However, you must share an email address so the respondent can deliver documents to you.
What happens after the respondent is served with my complaint?
The Tribunal sets a deadline for the respondent to file a response. The deadline is 8 weeks from when the Tribunal sends the complaint to the respondent.
Can I resolve the complaint without a hearing?
Yes. The Tribunal offers free mediation to help people resolve their complaints. If you and the respondent are interested in mediation, the Tribunal will schedule a settlement meeting. Many cases are resolved at a settlement meeting. You can also try to resolve the complaint through a settlement on your own at any time.
When do I present my evidence?
If the case is not resolved at mediation, the next step in the process is for the parties to disclose all relevant documents to the other side. This might include medical information, pay stubs, emails, text messages, and any other documents about the issues raised in the complaint or the response. These are the documents the parties can use as evidence at the hearing. You don’t give your documents to the Tribunal until the hearing (or in response to a dismissal application, if one is filed).
How long does the process take?
The Tribunal is extremely backlogged. It may take several years for your case to get to a hearing. Mediations can often result in a much quicker resolution of the complaint. See the flow chart with estimated time frames.
You can ask the Tribunal to fast-track your complaint. You must explain why your complaint is urgent and needs a faster process.
Will the Tribunal investigate my complaint?
No. You are responsible for providing the evidence necessary to prove your complaint.
What happens at a hearing?
Hearings are open to the public. The parties and their witnesses, if any, testify under oath and present their evidence to a Tribunal member. Hearings are generally conducted by video-conference. You can ask for an in-person hearing if you need it.
After a hearing, the Tribunal member makes a decision. If the Tribunal finds the complaint is justified, they order a remedy. If they find the complaint is not justified, the complaint is dismissed. Decisions are published on the Tribunal website and other legal databases.
There is no appeal. If a party believes the Tribunal made a mistake in their decision, they can seek judicial review in BC Supreme Court.
Can I protect my privacy?
Human rights complaints are generally public. Usually, parties’ names and the details of the complaint will be included in the Tribunal’s decisions. Those decisions are published on the Tribunal website and other legal databases.
You can ask the Tribunal to have your complaint anonymised. There is no guarantee your complaint will be anonymised if you ask. Reasons the Tribunal might agree to anonymise your complaint include: the complaint involves a youth; the complaint involves sensitive or traumatic details; or the complaint is at an early stage.
You can also ask the Tribunal for a publication ban on your complaint. See Rule 5 of the Tribunal’s Rules of Practice and Procedure for more information on privacy and public access to complaint files.
Can I talk publicly about my experience?
Generally, yes. Human rights complaints are usually not confidential. Unless there is an anonymisation order or publication ban, you are allowed to share your complaint, the response, and any decisions the Tribunal makes. You are not allowed to share documents you receive from the other side through disclosure. You are also not allowed to share anything you learn during a mediation. Mediations are confidential. Sometimes, a settlement agreement requires you to keep information about the complaint confidential.
Remember that anything you say publicly could be used against you later. You should also be careful that nothing you say is defamatory.
How much does the process cost?
There is no fee for filing a human rights complaint. Mediations and hearings are all free. If you are successful at a hearing, you may be able to recover some expenses, like photocopying or missing work to attend the hearing. Legal fees are not recoverable.
Who can help me?
If your complaint is accepted for filing, you can apply for legal representation from the BC Human Rights Clinic at CLAS.
UBC, University of Victoria, and Thompson Rivers University all have legal clinics that may be able to help as well. See the Resources page for more information and sources of help.
Is this the right pathway?
The tribunal is the right choice if:
- You want a legal finding that discrimination occurred
- You want compensation for harm
- You want enforceable orders requiring the district to act
- You are prepared for a long process
The tribunal is not the right choice if:
- You need immediate relief (the process is too slow)
- Your complaint is only about procedural unfairness without a discrimination component (consider the Ombudsperson)
- You only want a specific decision reversed (consider Section 11 appeal)
You can file with the tribunal while also pursuing other pathways. They are not mutually exclusive.