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ARTICLE · 18 JANUARY 2019

Statistical Correlation Not Enough To Sustain A Human Rights Complaint

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The appeal of VANDU to the BC Supreme Court (BCSC) was successful.

CanadaEmployment and HR
Kevin O'Neill
Kevin O'Neill
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To establish prima facie discrimination, human rights complainants must show that they are a member of a protected group, experienced adverse treatment, and link the adverse treatment to their membership in a protected group.

In April of 2018, the BC Court of Appeal (BCCA) in Vancouver Area Network of Drug Users v. Downtown Vancouver Business Improvement Association, 2018 BCCA 132, (PDF) confirmed that such a link is required, and addressed the type of evidence needed to establish such link. This case is of importance to employers as it limits possible human rights complaints to those with strong fact-based evidence, rather than simply statistical correlation evidence.

By way of background, the Downtown Vancouver Business Improvement Association (DVBIA) had set up a program of Downtown Ambassadors to approach people who were loitering or sleeping in front of businesses, in alcoves of buildings and in a city park to press them to move along. The complainants (a

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