What is the test for establishing a presumption of discrimination under the BC Human Rights Code?
British Columbia, Canada
The following excerpt is from Richardson v. Great Canadian Casinos and another, 2019 BCHRT 265 (CanLII):
Discrimination can and usually does take on subtle forms. However, the recognition of the subtlety of prejudice does not transform it into a presumption of prejudice under the Code: Student A v. Institutional Respondent and others, 2017 BCHRT 13 at para. 94. A complainant must provide a factual basis for drawing an inference of discrimination. Without a factual basis, a complainant’s personal belief of discriminatory treatment, no matter how sincerely felt, “can only be said to be based on speculation and conjecture, rooted in feelings, suspicions and beliefs”: Ibrahim v. Intercon Security, 2007 BCHRT 201 at para. 80.
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