Security and You: Discrimination Complaints

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Complaints of Discrimination

Who Can Make a Complaint

How to Make a Complaint

What to Expect

Where to Get Help

Contact Information

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Complaints of Discrimination

Complaints of discrimination may be filed about the actions and conduct of licensed or unlicensed security guards. As service providers, guards and the companies they work for must provide their services in a manner that is free from discrimination and harassment.

Filing a formal human rights complaint is a serious matter. Always remember that discrimination is not your fault and that changing the attitudes and behaviors of others is sometimes a long and hard process. If you choose to file a formal human rights complaint, there are supports in place to assist you through the process.

Sometimes, an informal approach may work to resolve your issue. The following are provided as suggestions for your consideration:

If you are being discriminated against or harassed:

if it is safe to do so, tell the person firmly that their actions or comments are unacceptable and ask them to stop. If you find this difficult, consider asking a friend for help.
if the discrimination happens in a store, restaurant or mall ask someone in authority to do something about it.
ask the staff why you are being treated the way you are and ask them if you are breaching a store policy or procedure.
ask the staff if they have an anti-discrimination policy in place and talk to the people involved to see if the issue can be resolved.

Using or Accessing Public Services:

Service providers, such as restaurants, movie theaters, public libraries, colleges, universities, etc., are responsible for providing their services in a manner that is free from discrimination and harassment. In many cases this means ensuring services are accessible to all.

However, some services may have valid eligibility criteria that exclude certain people. If you feel you are being denied a service or excluded from a facility,

Ask the staff if they have a policy in place and talk to the people involved to
see if the issue can be resolved.

Some services have customer service policies that address issues related to discrimination and harassment. For example, a store or restaurant may have a 'no pets allowed' policy as part of their 'eligibility criteria', but their human rights and anti-discrimination policy will allow people with guide animals.

You may find it more helpful to speak with a supervisor or manager.

Make sure you understand any eligibility criteria that may exist.

If you don’t understand the criteria, or are unsure that it’s valid, contact the Human Rights Coalition or view their website's exceptions and exemptions section for more information.

Whatever alternatives you pursue, make sure you’re provided with appropriate solutions.

Who Can Make a Complaint of Discrimination

Anyone may file a complaint of discrimination against a licensed or unlicensed guard if they believe they were subjected to negative treatment by the guard and they believe the treatment was due, in whole or part, to their

age,

ancestry,

colour,

place of origin,

race,

religion,

sex,

sexual orientation,

mental or physical disability,

marital or family status, or

any combination of the above.

There are different ways that a guard's actions and or conduct may relate to a ground of discrimination. For example, you may believe that the guard discriminated against you on the ground of disability or race by treating you differently from others, or by making a rule that affected you in a negative way because of your disability or race.

There is no cost to file a complaint of discrimination.

When discrimination happens to a child, or to someone who does not have sufficient mental or physical capacity, a parent or a legal guardian may file a complaint on their behalf.

A group or a class action complaint may also be made in certain circumstances.

How to Make a Complaint

In BC, most discrimination complaints are filed with the BC Human Rights Tribunal.

The Tribunal deals with complaints in areas regulated by provincial laws and government. This can include: all provincial, local and municipal government ministries and their services and programs; schools and universities; hospitals and medical clinics; all private businesses and services such as stores, restaurants, malls, movie theatres; security and police services; hotels and rental property.

The Canadian Human Rights Commission deals with complaints in areas regulated by federal laws and government. This can include: the federal government and all its departments and programs; airlines; chartered banks; TV and radio stations; internet communications; Canada Post; the R.C.M.P.; and most services related to the military.

Provincial human rights complaints must be made in writing within 6 months of the incident and federal complaints must be made within one year. Both systems can extend these time limits in specific situations.

See the "Filing Your Complaint" section on the BC Human Rights Coalition's website for detailed information on how to file a complaint.

What to Expect

When you file a complaint of discrimination, you are initiating a legal process that is somewhat similar to other court proceedings. You will be required to follow time lines and procedures such as responding to applications, exchanging evidence and setting out what you seek as a remedy to the alleged discrimination.

Human rights legislation is remedial in nature. This means that when the facts determine that discrimination occurred, remedies focus on stopping the discrimination, preventing it from happening again, and making the victim of discrimination whole. See this "Remedies" page for more detail.

A detailed description of the process of filing a complaint may be found at the "Walk Me Through" section of the BC Human Rights Coalition's website.

Generally, your complaint will be dealt with in one of the following ways:

informal / alternate dispute resolution - where both parties agree, complaints may be resolved with the assistance of a professional mediator. This form of resolution allows parties an opportunity to settle their issue prior to attending a full public hearing. It is often the best way for parties to restore relationships and to move forward in a timely and fair manner. The process allows parties to tell their stories, to gain an understanding of the issues and concerns of the other side, and to present and negotiate their own resolution. When successful, both parties sign a letter indicating agreement.
preliminary dismissal - there are various reasons why a complaint may be dismissed by either the BC Human Rights Tribunal or the Canadian Human Rights Commission. Some of those reasons include: the agency lacks jurisdiction to address the complaint, the acts described in the complaint don’t conflict with the legislation, there is no reasonable prospect of success, proceeding would not benefit the complainant or further the purposes of human rights legislation, the complaint was filed for improper purposes or in bad faith, or another proceeding has dealt with the substance of the complaint.
full public hearing - in cases where settlement processes are not successful, or are not the best alternative, a public hearing will be conducted. Parties have an opportunity to present their side of the story by providing oral and written evidence, calling witnesses, and in some cases, presenting expert evidence. Both parties are also provided the opportunity to respond to evidence and to cross examine witnesses. Most decisions are not made at the Tribunal hearing but will be delivered in writing. Written decisions will explain how the decision was made and what, if any, remedy was ordered.

All decisions made by the Tribunal members are open to review by way of Judicial Review.

Close to 85% of all human rights complaints are resolved early in the process or before the complaint proceeds to a full public hearing.

Where to Get Help

Filing a formal human rights complaint is a serious matter. If you choose to file a formal human rights complaint, there are supports in place to assist you through the process.

If you need information about your legal rights as protected in human rights legislation, call the BC Human Rights Coalition.

This Coalition, in partnership with the Community Legal Assistance Society, operates a publicly funded human rights clinic that provides assistance, including legal representation to eligible persons everywhere in BC, free of charge.

Contact Information

BC Human Rights Coalition

#1202 - 510 West Hastings Street

Vancouver, BC V6B 1L8

Phone: 604.689.8474

Toll-free: 1.877.689.8474

email: info@bchrcoalition.org

BC Human Rights Tribunal

1170 - 605 Robson Street

Vancouver, BC V6B 5J3

Tel: 604.775.2000

Fax: 604.775.2020