Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The British Columbia Human Rights Tribunal and what it does

The British Columbia Human Rights Tribunal is an administrative tribunal that deals with discrimination cases where you can file a formal complaint saying you’ve been sexually harassed. One law that protects you from discrimination is the British Columbia Human Rights Code. Sexual harassment under the code is discrimination based on sex. If your application falls within the commission’s jurisdiction, it will accept it.

When you think about filing a complaint, you might imagine a process that ends in an adjudicator definitively ruling that what happened to you was either right or wrong. But in reality, that almost never happens. Only 1% of complaints are resolved after a hearing. The tribunal emphasizes dispute resolution as a means of resolving complaints.

We’re not saying don’t make a complaint to the tribunal, but it’s very unlikely the outcome will be a public acknowledgement of the fact that you were harassed. If you think you would be satisfied with a private settlement, which could involve such things as money to compensate you for the harm you experienced, an apology or a job reference, then having your complaint mediated could be right for you.

Facts about the British Columbia Human Rights Tribunal

  • Every year about 2,500 people file a complaint with the tribunal. Close to half of the complaints are dismissed at the screening stage. 
  • About 15% of people who file complaints at the tribunal say they have been discriminated against or harassed on the basis of their sex, sexual orientation, and/or gender identity or expression. 
  • After a complaint is filed with the tribunal, it takes a year or more for it to be screened. It can take the tribunal several more months to decide whether the complaint should be dismissed or make other preliminary decisions. If both parties agree to participate in mediation, it typically takes four months or more to schedule the mediation. 
  • Of complaints that are mediated, more than 60% are resolved.
  • In 2023-24, the tribunal made six decisions on complaints of sex-based discrimination. Five of those complaints were successful. 
  • Sources: British Columbia Human Rights Tribunal Annual Report 2023-24, BC Human Rights Tribunal, BC Human Rights Clinic

Why consider filing a complaint with the tribunal

If you decide to file a complaint with the tribunal, here are a few things you may get out of the process:

  • It could be a chance to tell the harasser what they did is not okay.
  • You might get back money you lost because of the harassment—maybe you didn’t get a special project or a promotion, or were fired.
  • You might get your job back or get a reference for a new one.
  • You could request that your workplace make changes that would affect everyone there, not just you, like improving employee policies and training around sexual harassment.
  • It is possible you might get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the tribunal

To file a complaint for yourself you must complete Form 1.1. The tribunal’s website contains answers to frequently asked questions about the process. You’ll also find a video on the BC Human Rights Clinic’s website that offers detailed information about how to file a complaint

You can file an application against anybody who is sexually harassing you at work—your employer, a co-worker, a supervisor, a customer, or a contractor. In your application, you can also name the company or organization you were or are working for. Even if your employer is not the one who’s harassing you, they have to protect you from sexual harassment and a harassing environment. See How to report sexual harassment to your employer.

Will the tribunal accept your application?

  • You have one year from when the harassment happened to file your application with the tribunal. 
  • You can file a complaint with the tribunal if you work in BC or if the harassment happened in BC, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.)
  • You’re covered if you’re unionized or non-unionized, temporary or permanent, an independent contractor, or undocumented.
  • Even if the harassment happened outside BC, the tribunal may take your case if you work for a BC-regulated employer and you’re based in BC—for example, if the harassment happened while you were on a business trip outside of the province.
  • You will be notified within 60 days whether the tribunal will accept your complaint.
  • After you submit your complaint, the tribunal might decide that the harassment you faced doesn’t relate to a ground of discrimination under the code. In that case, your application will not proceed.

How mediation works

While both you and the respondent—the person your complaint is about—will be encouraged to participate in mediation, no one can be forced to do this. If you agree to the process, the tribunal will assign you a mediator. Mediators are experts in dispute resolution and human rights law who listen to you and the respondent and work with both of you to come to a settlement. They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. Their goal is to try to reach a solution that both parties can approve so your case doesn’t have to go to a hearing. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act.

The mediator will not tell you what to do but they can explain the strengths and weaknesses of your case and what the tribunal might decide if your case goes to a hearing. However, if both you and the respondent agree, you can allow the mediator to decide your case.

Mediation may occur in person or by telephone; if you live outside Victoria or Vancouver, it’s likely your meeting will be by phone.

For more information

The tribunal’s website includes a page with answers to frequently asked questions about the mediation process and another about preparing for mediation. On the BC Human Rights Clinic’s site you’ll find a fact sheet on mediation.

Pros and cons of mediation

  • The mediation process is free.
  • Many people participate in mediation without a lawyer, although it’s quite likely the respondent will have one.
  • Mediation can be less stressful and simpler than a hearing. It doesn’t involve gathering evidence, calling witnesses, or testifying.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement through mediation is faster than a hearing, which could take years to happen.
  • More creativity is possible in mediation. For example, you can’t ask for an apology in a hearing.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, the complaint process continues.
  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You may not be able share details of any mediated settlement you reach—the outcome is often confidential.
  • You will likely not get everything you ask for—you have to be ready to compromise. 

What you might ask for

Money to compensate you for:

  • The harm to your dignity, feelings, and self-respect.
  • Lost wages.
  • The cost of counselling sessions you’ve needed and/or money to cover future counselling.

Besides money:

  • An apology.
  • Your job back or a reference letter.
  • A change at the workplace, like including a sexual harassment section in the policies handbook.
  • Your employer having to take a course about preventing and dealing with sexual harassment. 

What are you likely to get?

Details of mediated settlements are private. We do know that in a number of cases the agreements don’t involve money at all; instead, the respondents are ordered to do things like take human rights training or create a human rights policy that all managers have to be trained about. When money is involved, the types of monetary awards when sexual harassment cases are decided at hearings are a guide. A chart on the BC Human Rights Clinic site lists the result of hearings that involved workplace sexual harassment. In addition to compensation for lost wages, recent financial awards for injury to dignity ranged from $15,000 to $100,000. However, there aren’t very many big awards, and they happen when the harassment was particularly bad and went on for a long time. 

Beyond mediation

If mediation is not successful then there are a number of steps that you must take in order to move toward a hearing. The first thing you must do is disclose all the documents you have that relate to your case—see Document everything. After this stage, the tribunal has the power to dismiss your complaint, although this uncommon. 

The BC Human Rights Clinic site contains detailed information about what to expect next if mediation fails. 

The tribunal may schedule a case conference where all parties discuss the hearing and try to simplify what comes next. It can be scheduled anytime leading up to the hearing. The case conference includes you (if you’re self- or partially self-representing), the respondents, any lawyers involved, and a case manager or registrar from the BCHRT. Most case conferences are run by case managers. Case conferences usually happen by phone.

Pros and cons of your case being decided at a hearing

  • The tribunal has expertise in harassment. All it does is handle complaints of discrimination, including harassment.
  • The tribunal has the power to say that, yes, you were harassed, and that what happened to you was wrong.
  • The tribunal can order many different remedies. It can award you money. If you were fired or had to quit because of the harassment, it can order your employer to give you your job back or compensate you for lost wages. 
  • If you go to civil court instead of the tribunal, you might end up having to pay the other party’s legal costs if you lose your case. With the tribunal process that can’t happen. You will never end up needing to pay the other party’s legal costs.
  • It can take years for a hearing to be held.
  • If you hire a lawyer to represent you, that will be expensive. If you don’t hire a lawyer, your chances of success are much lower.
  • People who represent themselves at the tribunal are less likely to have their complaints found justified.
  • Very few people end up being told by the tribunal that they were harassed and what happened to them was wrong—in the last three years, fewer than half a dozen.
  • Tribunal financial awards are fairly small, generally well under $30,000. The amount of an award is affected by how severe the harassment was and how long it went on. And remember, with most tribunal cases, people don’t end up receiving any money at all.
  • Even if the tribunal awards you money or other things, that doesn’t mean you will necessarily get them. It can be hard to force your employer or the harasser to give you everything the tribunal ordered.
  • Like in any legal process, your opponents will try to undermine your credibility and make you look bad. You could end up feeling disbelieved and unsupported.
  • Some psychologists believe it’s a bad idea for people who have experienced sexual harassment to get involved in any legal process. They say legal processes can slow down your ability to heal emotionally from what happened to you, because they keep you focused on the past. These experts believe that it can be healthier for the person who experienced harassment to put the past behind them and focus on their present and their future.

If your case goes ahead

While theoretically it is possible to proceed with a complaint representing yourself, this is very challenging, time consuming, and potentially harmful to your mental health. Your chances of success are much greater with legal help.

Here are some places that offer free or lower-cost legal services:

  • The BC Human Rights Clinic provides free legal advice on human rights cases in some situations. If you have a complaint that has been accepted by the tribunal and need legal help, apply within 30 days of receiving notification. The clinic might be able to help you at the mediation or the hearing, depending on your circumstances. What the clinic will be able to give you is decided on a case-by-case basis. The clinic also has an inquiry line that you can call for general information about the Human Rights Code and the tribunal process, and a comprehensive listing of other sources of legal help.
  • Stand Informed provides up to three hours of free legal advice to people who have been sexually assaulted. 
  • You can contact Access Pro Bono for up to 30 minutes of free legal advice if you have a low to modest income. The lawyers can provide advice on how to navigate the tribunal process. Access Pro Bono also offers a lawyer referral service.
  • Justice Net is a not-for-profit service for those whose income is too high to qualify for legal aid but too low to afford regular legal fees. To qualify you must have a net family income under $70,000, or $90,000 if there are three of more people in your family and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
  • 211 British Columbia is a free and confidential 24/7 phone and text service that connects individuals to services in the province. You can call or text 2-1-1 to be connected with trained professionals to help find support services.
  • Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.