National News

Former inmate can file rights' complaint: court

By The Canadian Press

VANCOUVER - An allegation of discrimination launched by a former inmate and HIV patient against a jail on Vancouver Island is heading back to the B.C. Human Rights Tribunal.

Charles Mzite has argued the B.C. government broke the Human Rights Code by interrupting his supply of antiretroviral medication while he was an inmate at the Vancouver Island Regional Correctional Centre between December 2007 and April 2009.

The tribunal accepted his complaint March 2, 2012, even though it was not filed within a six-month time frame required by law.

The provincial government appealed that decision to the B.C. Supreme Court, and in June 2013, Justice Harry Slade overturned the tribunal's ruling.

Slade found there was no reasonable explanation for the delay, and the tribunal was motivated by an improper purpose, specifically an investigation of the jail's medical practices and procedures.

Now the B.C. Court of Appeal has now set aside Slade's decision, ruling evidence explained why Mzite's complaint was filed late, and the judge should not have substituted his own views on the weight given to the allegation of discrimination.

"There was some basis in this case for the decision to accept the complaint after the expiry of the six-month period afforded by the code," wrote Justice Peter Willcock in the ruling.

"It cannot be said that the decision was patently unreasonable. I would allow the appeal, set aside the order made by the judge and remit the substantive complaint for consideration by the tribunal pursuant to the code."

We encourage an open exchange of ideas on this story's topic, but we ask you to follow our guidelines for respecting community standards. Personal attacks, inappropriate language, and off-topic comments may be removed, and comment privileges revoked, per our Terms of Use. Please see our FAQ if you have questions or concerns about using Facebook to comment.

You might like ...

Large tree taken down in 7 hours
 
NDP blasts lottery corporation spending
 
Virk shuffled to new job after Kwantlen flap
Riding the rails for the holidays
 
MLA sues political opponent for incident at 2013 all candidates forum
 
Have you seen Trevor Lyttle?
Surrey RCMP officer to stand trial on multiple gun charges
 
Australian woman arrested in deaths of 8 children
 
Missing New West woman surfaces in Quebec

Community Events, December 2014

Add an Event

Read the latest eEdition

Browse the print edition page by page, including stories and ads.

Dec 19 edition online now. Browse the archives.