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ARTICLE · 15 OCTOBER 2018

Sexual Orientation Does Not Excuse Inappropriate Conduct

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On that basis, the Tribunal ordered the complainant to pay costs to the District.

CanadaEmployment and HR
David Wong
David Wong
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The BC Human Rights Tribunal (the "Tribunal") in its recent decision in Colbert v. District of North Vancouver, 2018 BCHRT 40, (PDF) confirmed that it will not allow an individual to use his or her sexual orientation as a shield against consequences for inappropriate conduct, including both conduct at issue in a complaint and conduct in the course of a complaint.

The complainant was a citizen of the Corporation of the District of North Vancouver (the "District"). In 2010, the complainant became a vocal and active critic of the District's Council and several of its councillors. Since 2010, he wrote more than 635 communications to the District and members of its Municipal Council. Those communications included:

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