Skip to content

BC Human Rights Tribunal
Case Path Process Public Feedback

This survey is about the Tribunal’s Case Path Process and other process options. It has 16 questions. Do not include personal information in your answers, because the survey responses may be made public.

The Case Path Process started in May 2022 as a pilot project. Under the Case Path Process, after the respondent files a response to the complaint, the parties exchange all documents that may be relevant to the complaint or response to the complaint. The Tribunal then decides on one of two “paths” for the complaint:


  • “Hearing path”: The parties prepare for an oral hearing of the complaint where witnesses give evidence and are cross-examined. The Tribunal makes a final decision about whether the complaint is justified and, if so, orders a remedy.

  • “Submissions path”: The respondent may apply to dismiss the complaint without a hearing. Most applications are about whether there is no reasonable prospect that the complaint will proceed at a hearing. The Tribunal considers all the material that the parties but does not decide if discrimination occurred. If the Tribunal does not dismiss the complaint, the complaint then proceeds to the hearing path.

A respondent can also ask to file an application to dismiss the complaint using a Form 7.5 – Request to File Dismissal Application.

The Tribunal is seeking feedback on the Case Path Process as well as other process options. Other process options include reverting to the process before the May 2022 start of the Case Path Process, a “simplified hearing” process, and a “summary hearing” process, explained in the survey.
1.Your role in Tribunal proceedings(Required.)
Self-represented party, appearing as a
Lawyer, who represents
Legal Advocate, who represents
Other representative, for
Are you a
2.How often have you been involved in a complaint at the Tribunal(Required.)
3.Have you had experience with the Tribunal's dismissal application process(Required.)
4.The Case Path Process has two parts. This question is about the first part, when the Tribunal reviews the complaint and response to complaint and then tells the parties if the respondent may apply to dismiss the complaint. Has your experience with this first part been:(Required.)
5.This question is for respondents. This question is also about the first part of the Case Path Process. If you have received a letter that permits you to apply to dismiss a complaint, have you found the information in the letter helpful for preparing the application to dismiss?(Required.)
6.In the second part of the Case Path Process, a respondent may file a Form 7.5 – Request to file dismissal application. Has your experience with this second part been:(Required.)
7.What do you consider the strengths of the Case Path Process?(Required.)
8.What do you consider the weaknesses of Case Path Process?(Required.)
9.If the Tribunal continues the Case Path Process, how could the Tribunal improve that process?(Required.)
10.Do you prefer the previous process?(Required.)
11.What do you consider the strengths of the previous process?(Required.)
12.What do you consider the weaknesses of the previous process?(Required.)
13.If the Tribunal reverts to its previous process, how could the Tribunal improve that process?(Required.)
14.The Tribunal is considering options for other processes. One option is a “simplified hearing process”.
A simplified hearing process is an early, short hearing where parties only exchange documents that they will rely on at a hearing. For example, if a complaint is about an event that happened on one day, after the response is filed, the parties agree to book a one-day hearing. Do you consider this a helpful option in the Tribunal’s process?(Required.)
15.Another option is a “summary hearing process”:
A summary hearing is based on affidavit evidence instead of witness testimony at an oral hearing. This process would be like an application to dismiss, except that the Tribunal could decide if discrimination occurred (if it was able to fairly decide that without cross-examination). In this way, a summary hearing would also be like a “summary trial” in the BC Supreme Court. The Tribunal’s decision would be final. Do you consider this a helpful option in the Tribunal’s process?(Required.)
16.At this time, would you favour:(Required.)
Current Progress,
0 of 16 answered