Early resolution of human rights matters results in many
benefits, including opportunities for efficiency, lower cost and
creativity. However, a signed release of legal claims and
complaints may not be the end of the road.
A release will not always protect employers from liability under
the Human Rights Code, R.S.B.C. 1996, c. 210 (the
"Code") as people cannot contract out of those
legislated rights: Insurance Corporation of British
Columbia v. Heerspink, [1982] 2 S.C.R. 145 at p.
158.
That said, the B.C. Human Rights Tribunal (the
"Tribunal") recognizes the policy reasons to honour
certain agreements, including because parties may reach resolution
more expeditiously and in a manner that better matches their needs
and interests: see, for example, Nguyen v. Prince
Rupert School District No. 52, 2004 BCHRT 20 at para. 15.
