Instilling a Fervent Wish for Smoke-free Housing - Part XXXXIV
Welcome to the second generation of Tobacco Wars!
In Quebec, the ongoing trial against Corporate Tobacco represents 90,000 victims of lung, larynx, throat cancer, and emphysema caused by cigarettes, and approximately 1.8 smokers dependent on the nicotine contained in cigarettes.
In Vancouver, the Human Rights hearing begins Monday, April 2, 2012 at 9:30 AM between Metro One Strata (LMS1657 at 20245-53 Ave, Langley City, BC) represented by Shawn Smith, and Matthew/MelanieMcDaniel who represent themselves.
The Strata, of course, filed for a dismissal.
On February 29, 2012, the Human Rights Tribunal decided to dismiss the claim against NAI Goddard & Smith Realty Services, but not to dismiss the claim against the Strata.
As Tribunal decisions do, the focus is on standard questions around whether the complaint furthers the purpose of the Code, and whether the complaint benefits the complainant. Is pursuing the complaint to a hearing worthwhile for the complainant? Does it contribute to advancement of human rights?
The Tribunal decided if the McDaniels are successful, they would be entitled to seek a remedy under s 37 (2) of the Code to redress the effects of the discrimination, including an award for injury to dignity. The McDaniels could benefit, and the Tribunal dismissed the Strata's application to dismiss.
The Tribunal assessed the McDaniels' complaint based on the “reasonable prospect the complaint will succeed [or not],” and therefore benefit the advancement of Human Rights.
In their fact finding, the Tribunal concluded there was insufficient material to declare that the McDaniel complaint wouldn't succeed against the Strata. This was decided, in part, based on the fact the McDaniels' provided sufficient health related information to the Strata council, to invoke the duty to inquire, which was never made by the Strata.
The hearing goes forward : Monday April 2 – Wednesday, April 4, 2012 at BC Human Rights Tribunal offices, 1170 - 650 Robson at 9:30 AM
Read the BC Human Rights Tribunal Decision