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 ...

Ferries to be converted to use LNG
 
Human Rights Tribunal rejects smart meter complaint
 
Photos show gruesome Islamic State seizure of base
Fatal shooting in Surrey Saturday morning
 
Live Langley will field two candidates in civic election
 
Wendy Johnson to retire from Langley Board of Education
Victoria mayor hedges on Johnson Street Bridge costs
 
Why You Should Stay In a Hostel In Europe, Not a Hotel
 
Spanish singer Carlos Núñez feels right at home

Community Events, September 2014

Add an Event

Read the latest eEdition

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

Sep 22 edition online now. Browse the archives.