What is the standard of review for a preliminary assessment of a human rights complaint?
British Columbia, Canada
The following excerpt is from Barker v. Hayes, 2006 BCSC 1217 (CanLII):
The petitioner argues that the standard of review is correctness. The respondents argue that the standard of review is patent unreasonableness referring me to Berezoutskaia v. B.C. (Human Rights Tribunal), 2006 BCCA 95, and Lake City Casinos Ltd. v. B.C. (Human Rights Tribunal), 2006 BCSC 88. Each of these cases involved the exercise of discretion in screening a complaint. In Berezoutskaia, the court described the discretion to dismiss a claim on a preliminary assessment, that it does not warrant a full hearing. In Lake City, the court described an exercise of discretion to determine the sufficiency of information contained within a complaint. These cases, in my view, do not apply to the current circumstances.
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