Skerry v. British Columbia (Human Rights Tribunal)

Case Overview:

• Deborah Skerry appealed a decision of the BC Supreme Court that upheld the Human Rights Tribunal’s refusal to accept her discrimination complaint.
• Her complaint alleged workplace discrimination on several grounds: political belief, religion, marital and family status, disability, sex, gender identity or expression, and age.
• The Tribunal dismissed the complaint under s. 27(1)(b) of the Human Rights Code, finding it lacked sufficient factual allegations to suggest a contravention of the Code.

Tribunal and Judicial Review Findings:

• The Tribunal concluded Skerry’s allegations were speculative and did not demonstrate how her protected characteristics were factors in the adverse treatment she faced.
• On judicial review, the BC Supreme Court found the Tribunal’s decision was not patently unreasonable or procedurally unfair.

Court of Appeal Issues:

• The Court assessed:
  1. Whether the Tribunal’s decision was patently unreasonable.
  2. Whether the Tribunal’s process was fair.
  3. Whether new arguments and evidence not raised earlier could be admitted.

Ruling:

• Appeal Dismissed:
  • The Tribunal’s decision was upheld as reasonable. The Court found no evidence supporting Skerry’s claim that her protected characteristics were factors in her termination.
  • The Tribunal followed fair procedures, including requesting additional information to clarify her claims.
  • New evidence and arguments regarding ineffective legal representation and institutional complaints against the Tribunal were excluded as irrelevant or procedurally inappropriate.
  • No monetary award, damages, or costs were granted or ordered in this case.