What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent?
British Columbia, Canada
The following excerpt is from Furnell et al v. Doug Bensley dba Smoother Movers, 2018 BCCRT 793 (CanLII):
4. The respondent says that the tribunal does not have jurisdiction over this matter as his company is federally regulated and operates historically and continuously extra-provincially as a federal undertaking. The respondent says that his business falls exclusively under federal jurisdiction under s.92(10) of the Constitution Act, 1867 (Constitution Act). The respondent relies on the case of Chaudhary v. Smoothers Movers, 2009 BCHRT 111 (“Chaudhary”) in which the British Columbia Human Rights Tribunal (HRT) declined to hear a complaint against the respondent on the basis that it did not have jurisdiction.
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