Please Share This Post Far and Wide!

All legal and quasi-legal proceedings are supposed to be open to the public. The BC Human Rights Tribunal currently forces us to request permission before they will provide access to listen in on any proceedings.

While their website says you must request access 7 days prior to the hearings, they have been granting access to those who applied on Friday, and should continue to grant access to anyone applying over the weekend or Monday morning.

TO APPLY FOR ACCESS TO LISTEN IN

If the hearing is by video conference, at least one week before the hearing, email [email protected] to request dial-in-audio access (listen in only without video) at the presiding Member’s discretion. The email you send us must:

1. Identify the hearing from the hearing schedule (CS-001372)

2. Attach a completed and signed agreement to attend the virtual hearing that includes your name and the telephone number you will be dialing in with

More Information on requesting access to a hearing is found on the Tribunal’s website here:
https://www.bchrt.bc.ca/law-library/public-hearings/

Email to BCHRT from Lawyer James Kitchen

——- Forwarded Message ——-
From: James Kitchen <[email protected]>
Date: On Friday, November 22nd, 2024 at 1:04 PM
Subject: RE: CS-001372 BCTF obo Chilliwack Teachers Association v. Barry Neufeld_public access requests granted
To: BC Human Rights Tribunal AG:EX <[email protected]>
CC: Alanna Tom <[email protected]>, ‘[email protected]’ <[email protected]>, Sokolova, Maria OHRC:EX <[email protected]>, Stefanie Quelch <[email protected]>, ‘[email protected]’ <[email protected]>, ‘[email protected]’ <[email protected]>, Khan, Sarah OHRC:EX <[email protected]>

Hi Britt,

I anticipate a significant number of people that will be requesting to access the hearing. If those people are denied purportedly because they did not request early enough, the Respondent will regard that denial as a very unfortunate breach of the open court principle, which, of course, is protected by section 2(b) of the Charter.

Completely denying access to a hearing unless those seeking to attend request access at least a week in advance is reasonably perceived by the public as an attempt by the Tribunal to shield itself from public scrutiny, contrary to law.

A process that may be lawful would involve requiring requests to attend and granting those requests within 1 business day of receipt, absent a lawful reason for denying the request.

In those circumstances, members of the public who submitted their requests today would be able to access the hearing starting Tuesday morning, if not also Monday.

This is what the Respondent would expect and what the law of the open court principle demands.

I urge the Tribunal to comply with the law in this regard.

Refusing to do so not only exposes the Tribunal to litigation, it undermines public trust in the Tribunal’s processes. 

Regards,

James SM Kitchen

Barrister & Solicitor