What is the burden of proving discrimination in a human rights complaint?
British Columbia, Canada
The following excerpt is from Brar v. Vancouver Police Board (No. 2), 2020 BCHRT 159 (CanLII):
In a human rights complaint, the burden to establish that discrimination has taken place rests with the complainant. A complainant must prove their case on a balance of probabilities. If the complainant does so, the burden shifts to the respondent to justify its conduct. If the complainant does not prove a case of discrimination, then there is no breach of the Code: Rai v. Shark Club of Langley (No. 2), 2013 BCHRT 204 at para. 361.
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