Tag: #HumanRightsComplaint

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Education Fast-Tracking Application – Denied

This case has a lot of helpful information in it and touches on a lot of different issues. Hats off to the self-representing parent in this complaint.

Issues exposed:

  1. Giftedness – not a protected ground – not a disability protected by the Human Rights Code.
  2. Publication Ban vs. Anonymization – what is the difference?
  3. Fast tracking to mediation meeting accepted – but fast tracking to hearing denied. Why the difference?
  4. What a tribunal will and will not order. For example: Grade corrections are highly unlikely.
  5. Schools shredding evidence – an Order for not destroying documents

Here is the case, and as always, I highly recommend people read the case in full.

Student G (by Parent) v. School District, 2026 BCHRT 184

1. Giftedness – not a protected ground – not a disability

The case doesn’t explicitly state that the parent is stating that their child’s disability is giftedness, although it does reference in paragraph 49 the child’s eligibility into a gifted program. The respondents are stating the student doesn’t have a disability as defined under the Human Rights Code. It made me think of giftedness and I want to take this opportunity to talk about it. The parents requested an IEP and they were denied and given a Student Learning Plan (SLP) instead because the student didn’t qualify for an IEP. IEPs are for kids with disabilities and the district is saying the child doesn’t have one. They gave them a SLP to support the students abilities and challenges. If a child has co-occcuring disabilities, it is their disability that is protected under The Code and not giftedness. If you want your child’s giftedness to be part of their complaint I HIGHLY suggest you consult with a lawyer.

This is why districts can shut down programs specifically for gifted students and not worry about a human rights compliant. This is another example of how liability plays a role in district decision making.

2. Publication ban vs. Order to Anonymize

This decision makes a publication ban regarding information about the student, the parents, the district and the school employees. This is different than a case just be annoymized by the tribunal.

Let us compare two human right case examples.

This decision:

[8] The Student is a minor. For the purpose of protecting their privacy interests, this proceeding is subject to an order restricting publication of their identifying information, including basic personal information (e.g., name, gender, age), health information, and information about where they live and go to school. The publication ban also necessarily applies to information that could identify the Student’s parents. In addition, it restricts publication of the names of the District and its employees.

A different decision regarding anonymization only is: The Student (by the parent) v. The School District, 2025 BCHRT 17

The parent was applying to anonymize their child’s name but name the district in tribunal decisions. The tribunal understood why the parent was wanting to name the school district and they didn’t accept the respondents arguments (connected to the parents online presence). But the tribunal wanted to protect the student from any risk at the greatest level possible. This is the Order to Anonymize.

[22]           For the reasons set out above, the Parent’s application to limit publication is granted. The School District’s request is also granted. I make the following order:

a.   The names of the Parent, the Student, the School District, and non-party witnesses will be anonymized in all pre-hearing decisions;

b.   The case name will be changed to “The Student (by the Parent) v. The School District”;

c.   The Tribunal will not publish or make available to the public any information that could identify the Student; and

d.   If this complaint goes to a hearing, this order is not binding on the presiding Tribunal Member.

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The difference?

The anonymization decisions (limiting publication) control the Tribunal. How they write up decisions. It doesn’t place any demands on anyone else. If the person of an anonymized complaint wanted to, they could self-identify their case publicly. However, a publication ban places limitations on anyone in the public including the media on publishing details. Big difference. Anonymization controls the tribunal. Publication ban controls everyone else too. When you make the application to limit publication the tribunal will want you to identify who you are trying to limit. The tribunal? Media? Other people? Here is the link to the BC HRT website with their information on this process where they also mention the Order to Anonymize and Publication Ban.

Publication bans don’t just happen automatically. Either the parent or the school district would need to make an application for this.

3. Fast-Tracking

This decision has informed us that the complaint was originally accepted for fast-tracking to a mediation meeting. The parent filed the complaint November 28th, 2025 and they were given a mediation meeting April 23, 2026. That is about 5 months. Something to keep in mind, that even if you are filing a fast-tracking application we are talking about months here, not weeks. 5 months is considered fast when we are talking about complaint process time. Right now they are reading complaints in February 2024. Complaints filed 2.5 years ago. If you are filing a complaint now, and nothing changes with the BC HRT (no more funding increases, etc), it’s not an unreasonable predication to guess that you will hear the results of your complaint submission (if it has been accepted or not) in about 3 years. Let us all take a moment and let that sink in! 3 years to just find out if it’s been accepted.

I suggest you file your fast tracking applications. Even if they say no to you, you are no worse off than if you don’t apply. Knowing the legal test is going to be very important. A fast tracking application will only speed up the process to get you into a mediation meeting. If the mediation meeting doesn’t resolve anything, you will need to apply again if you feel that a hearing is needed ASAP.

Why were they allowed to fast track before, and not now? It’s different for a hearing.

The test that they need to meet is significantly higher. The tribunal is analyzing all sorts of possibilities and they also take into consideration how this will impact other people waiting in the queue for their hearing. See part A, B and C of the decision. There is a lot of great info here and links to other cases.

Some of the things they consider that they list in this case is:

  • Severity of the harm
  • If the harm is ongoing
  • The scope of the request
  • Reason for the request for it to be fast-tracked
  • If going at the usual pace will harm the process (lose quality evidence or lose the remedy)

You need to explain why your situation is urgent (time-sensitive). The BC HRT website has more information on the legal test here.

The parent was trying their best with a lot of things to help their child. Their tenacity and determination are apparent.

4. What a tribunal will not order for students.

I have mentioned previously in the blog Mediating Through the BC HRT that you can try and negotiate things from a mediation meeting that you will never get from a hearing. Tribunals don’t make orders for everything under the sun or just because you are asking for it. This paragraph is very interesting and could be very helpful to know for parents.

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[42]         First, there is no guarantee that the Student’s complaint will be successful, or that if it is, the Tribunal could or would grant the very specific remedy sought. Like the District, I am not aware of any case in which the Tribunal has ordered grade corrections or a plan for grade remediation and academic upgrading under s. 37(2) of the Code.

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The remedies that you are seeking can influence how the Tribunal processes your complaint. These are especially taken into consideration for fast-tracking as explained in the decision.

This is important to note when making fast-tracking applications. If you will lose the remedies that you are seeking by not fast-tracking, this is something to highlight.

5. Schools shredding evidence

Sometimes we can be in fear that schools will just get rid of the evidence they have control over. This is super interesting and something new I haven’t seen before from the tribunal. An order for the school district to preserve documents until the complaint has been resolved. The tribunal felt this was appropriate. Interesting!

“I order that the District, including its employees, officers, agents, and representatives, must not destroy or dispose of any documents containing the Student’s personal information until the complaint is resolved.” – paragraph 26.

Conclusion

I cannot express in words how important these decisions are for all of us. Not every decision that the tribunal writes up is posted publicly. They choose decisions that are helpful for public education and that advance The Code. So grateful. Thank you for your advocacy and sheer determination as a self-representing parent.

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Is There a Financial Risk to Filing a Human Rights Complaint?

Filing a Human Rights Complaint is not the same as “suing” someone. When people say they are going to sue someone, they are talking about the civil litigation route. There are various types of courts, like small claims courts and tribunals. The Civil Resolution Tribunal is an example.

“You can bring many civil law disputes for amounts from $5,001 to $35,000 to the BC Provincial Court’s small claims court” – Provincial Court of BC

You don’t need to pay a fee to file a human rights complaint. The Human Rights Tribunal is an administrative body and is court-like, known as “quasi-judicial body”. It is a legal process, and so you are entering an adversarial legal process. You and the school district lawyers aren’t buddies working together to suss out the truth. Every move they make is going to be in the best interest of their clients. (Hint: look for the win-win for both of you)

In a civil process, you risk having to pay the legal fees of the person you filed against if you lose. But in the Human Rights Tribunal process, you don’t take that risk.

On the BC HRT’s website page, they state this:

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Costs in court cases

In court, “costs” has a special meaning. Costs are about the costs of going to court.

In court, the losing side usually pays “costs” to the winning side. The “costs” are usually a part of the winning side’s actual costs.

Costs of going to the Human Rights Tribunal

Unlike in court, parties at the Tribunal pay their own costs. The Tribunal does not order the losing side to pay “costs” to the winning side.

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Does a Human Rights Complaint Cost Anything?

If you are self-represented, the Human Rights Tribunal process can be a free process if you aren’t paying lawyers’ fees. If you do retain a lawyer for the full process of your human rights complaint, it is risky. Lawyers’ fees add up VERY quickly and human rights settlements tend to be low. So you could possibly come out with nothing or even be in the hole. You don’t want to have to pay more money than what you get back. Seeking a pro bono lawyer or getting legal advice at various parts of the way (either paid or through the Human Rights Clinic) and being self-represented can keep your costs low or down to absolutely nothing.)

BUT….

And this is a big BUT, so all eyes on this.

You may have to pay costs IF the respondents file an improper conduct complaint against you and apply for costs, or they can also ask that your human rights complaint be dismissed. They are going to want to frustrate you to the point that you lose your shit, and they hope you start attacking them personally and call them names. If you do this, they have got you. They also like to generally do these things in hopes that you will tire. For some people, it just pisses them off even more, and it puts gas in their gas tank to keep going at the injustice of it all. They just don’t know which group you belong to, and so they will test you to figure it out.

Getting you to lose your shit is an EASY way out for them.

Don’t take the bait.

Here is an example:

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Miremadi v. Fairmont Hotel Vancouver (No. 2), 2023 BCHRT 53

[3]               The Respondent applies to dismiss the Complaint under s. 27(1)(d)(ii) of the Human Rights Code [Code]. The Respondent says that Mr. Miremadi has communicated inappropriately with the Respondent’s legal counsel throughout the proceeding, and that in these circumstances, it would not further the purposes of the Code to proceed with the Complaint. The Respondent says that Mr. Miremadi has repeatedly sent rude, derogatory, and demeaning emails to Respondent’s counsel, targeting her personally, and that in some instances, inappropriate personal comments have been based on her race or ethnicity. The Respondent also says Mr. Miremadi has made serious and baseless allegations against Respondent’s counsel, and has refused to follow the Tribunal’s process and directions to address an issue related to disclosure of documents. If the Tribunal dismisses the Complaint, the Respondent also asks that Mr. Miremadi pay the Respondent $1,000 in costs for improper conduct.

[16]           On April 16, 2020, Respondent’s counsel wrote to the Tribunal to advise that Mr. Miremadi had sent her emails referring to her as an “asshole”, “dirtbag”, and “scumbag”, and telling her to “go to hell”. She attached copies of Mr. Miremadi’s correspondence, and referred to Rule 7(7). She requested that the Tribunal dismiss the Complaint, or at least restrict Mr. Miremadi’s continued involvement in the matter, due to the rude and vulgar language he used.  

199]      Overall, the information before me suggests that any costs award may pose financial hardship for Mr. Miremadi. I considered this factor along with the seriousness of his conduct and the impact on the integrity of the Tribunal’s process. I find that in the circumstances, where Mr. Miremadi’s conduct has led to dismissal of his Complaint, one of (if not the) most significant consequence for a complainant at the Tribunal, an award of costs is not necessary for deterrence in the circumstances.

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There is a lot more to this case, and I suggest you read it in full. There is also a long list of leading cases on the BC HRT on improper conduct applications as well.

Lawyers will often intentionally put the wrong dates in emails, or send confusing emails seeking your response for clarification, report technical difficulties in receiving your files, ignore your emails, consistently ask for extensions, all to make you engage with them in hopes to get information and test how you communicate with them, or in hopes you will get frustrated and blow up at them. They are consistently interested in measuring your emotional capacity. It’s all information to them.

The good thing is, is that you can file an improper conduct on THEM as well.

You will want to read the important info page on this that is posted on the BC HRT website.

Here is a section from that page:

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Improper conduct is conduct that harms the process or the parties.

Conduct can be improper even if the party did not mean to harm the process or the parties.

Usually, the Tribunal will not order costs for minor problems.

Minor problem example:A party files a document late. Usually, this isn’t enough to order costs.

Examples of conduct that may be improper and result in a costs order:

  • Treating people in the process badly
    • Being rude or sarcastic during a hearing
    • Badmouthing other parties or Tribunal staff or members
    • Threatening other parties or Tribunal staff or members
    • Being disrespectful to other parties or Tribunal staff or members
  • Harming the hearing process
    • Destroying evidence
    • Lying to the Tribunal when giving evidence
  • Causing unnecessary cost or delay
    • Refusing to follow a Tribunal order
    • Saying you’ll attend the hearing then not showing up, with no excuse
    • Waiting until the hearing to say that the Tribunal doesn’t have power to deal with the complaint

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So, before you send emails to the lawyers, take a breather. Know that everything they do and do not do is strategic, and keep your eyes on them. Their strategy is information for you, too!

Collect and keep everything from them, and if you feel that what they are doing might meet the test for improper conduct, it might be something you wish to consider.

The BC HRT needs to know and be aware of what these lawyers are doing. As self-representative individuals, it already feels unfair that we are up against lawyers in a legal arena. It should at least be procedurally fair.

If nothing else, you can shine a light on what you have been dealing with. There is value in that!

Not everyone is going to be dealing with ruthless lawyers. Some of them are very focused on ending complaints and are solution-focused for a settlement, wanting as little disruption and lawyer fees costs for their clients as possible. This is when win-win solutions, early on, are very possible, and improper conduct complaints aren’t even on the radar.