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Reporting to the BC Human Rights Tribunal
If the sexual violence that occurred is a violation of Human Rights (i.e. discrimination based on sexual orientation, gender identity, race, ethnicity, etc.), you may wish to file a complaint with the BC Human Rights Tribunal. Information about how to file a complaint with the BC Human Rights Tribunal can be found in the following guide: Human Rights Complaint Process
An SVSPO case manager can provide you with basic information and can support you through the tribunal process. To find out more about these options, you can connect with an SVSPO case manager by reaching out by email sv-support@sfu.ca or by visiting our Contact Us page for more options.
Here are a few things to keep in mind about making a report to the BC Human Rights Tribunal:
Filing an application
Survivors of sexual harassment and assault in the workplace and in other specific settings can receive protection under BC’s Human Rights Code. Applications are to be filed directly at the BC Human Rights Tribunal, which is a specialized tribunal set up to mediate and adjudicate human rights claims. A human rights application can be filed against (1) the accused and (2) against the organization (workplace) where the sexual harassment or sexual assault took place.
Seeking legal advice
Applicants should seek specific legal advice regarding their claim to better understand the process. The following organizations can provide support:
- Community Legal Assistance Society
- For a list of BC organizations offering legal advice with human rights cases, visit: Human Rights - Who Can Help?
Time limit
The Applicant has one year from the last act of sexual harassment or sexual assault to file a complaint with the Tribunal. If the sexual harassment or sexual assault has been a series of incidents, the limitation period is one year from the last incident of the series. An Applicant who is late in bringing their complaint forward could potentially get the 1-year limitation period exempted. This is only if the Applicant can prove that the delay was caused due to circumstances such as a disability related barrier, discoverability of the discrimination, an error in the legal advice provided, and that no substantial prejudice will result by the delay. However, getting a limitation period waived is rare and difficult.