Discrimination complaint dismissed against BC Civil Liberties Association

Mr. Coote, a former member of the Respondent, BC Civil Liberties Association, was unsuccessful in appealing decisions of the BC Human Rights Tribunal and the BC Supreme Court dismissing his complaint of discrimination.

Administrative law – Decisions reviewed – Human Rights Tribunal – Discrimination – Judicial review – Appeals – Procedural requirements and fairness – Bias – Standard of review – Correctness – Patent unreasonableness.

Coote v. British Columbia (Civil Liberties Assn.), [2025] B.C.J. No. 2295, British Columbia Court of Appeal, November 25, 2025, K. Horsman, N. Iyer and G.B. Gomery JJ.A.

The Appellant, Mr. Coote, was a member of the Respondent non-profit organization, the BC Civil Liberties Association (BCCLA).  Mr. Coote made a complaint to the BC Human Rights Tribunal (the “Tribunal”) alleging that the BCCLA and three of its representatives, President Karen Misky, Vice President Hasan Alam, and Executive Director Joanne Marci (the “Individual Respondents”) discriminated against him, in breach of section 14 of the Human Rights Code, by revoking his membership and refusing certain services to him.  Mr. Coote alleged these decisions were made because he is a Black male of Caribbean ancestry and Jamaican origin. 

In 2024, a Tribunal Member wrote to Mr. Coote asking for particulars about how his protected characteristics were factors in the alleged adverse treatment.  After receiving Mr. Coote’s response, the Tribunal dismissed his complaint pursuant to section 27(1) of the Code, on the basis that the complaint did not set out sufficient facts that could lead to an inference that a protected characteristic was a factor in the adverse treatment alleged (the “Decision”).

Mr. Coote sought reconsideration and alleged bias against the Tribunal Member.  The Tribunal dismissed the reconsideration and recusal requests.

Mr. Coote applied for judicial review.  In April 2025, the chambers judge dismissed the application for review.  Mr. Coote appealed to the Court of Appeal, alleging that the chambers judge made the wrong decision, was biased, and the process was unfair. 

The Tribunal was the only respondent on the appeal. 

The Court of Appeal concluded the chambers judge identified the applicable standards of review.

The Court of Appeal held the Tribunal applied the correct legal test to decide whether to dismiss the complaint pursuant to section 27(1)(b) of the Code.  The Tribunal’s discretionary decision to dismiss the complaint was not patently unreasonable.  The Court of Appeal reached the same conclusion regarding the recusal and reconsideration decisions.

The Court of Appeal held that Mr. Coote’s allegation of bias against the chambers judge was meritless.

The Court of Appeal held there was no merit to Mr. Coote’s allegations that the Tribunal’s process and the chambers judge’s process were procedurally unfair. 

The Court of Appeal dismissed the appeal. 

The Court of Appeal did not make a costs order.

This case was digested by Scott J. Marcinkow of Harper Grey LLP.  If you would like to discuss this case further, please feel free to contact him directly at [email protected].