What is the standard of review and deference of the Human Rights Tribunal?
British Columbia, Canada
The following excerpt is from HMTQ v. McGrath, 2009 BCSC 180 (CanLII):
On the issue of both the standard of review and deference, Tribunal counsel referred me to Berezoutskaia v. British Columbia (Human Rights Tribunal), 2006 BCCA 95. Berezoutskaia complained of employment discrimination. The employer, supported by the union, which may say something about the merits of the complaint, applied to dismiss the complaint on the grounds that it had no reasonable prospect of success. But the appeal revolved around the question of what was the proper standard of review. (I should note here that the Code section considered in Berezoutskaia was s. 27(1)(c), which the Province is not relying on here.
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