What is the test for alleging racial discrimination under the BC Human Rights Code?
British Columbia, Canada
The following excerpt is from Maruta v. Westbank Pacific Realty Corporation and another, 2019 BCHRT 31 (CanLII):
Racial discrimination can and usually does take on more 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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