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You work in senior leadership at a large B.C. organization that works with children and youth. Over the course of several months, you publish some blog posts on your personal website about LGBTQ2SAI+ people. Among other things, your posts claim that LGBTQ2SAI+ people have an agenda to undermine what you call ‘traditional’ values. Your posts also say that LGBTQ2SAI+ people should not be allowed to work with children and youth. Your posts get a lot of attention from the media, parents and other co-workers. Eventually a complaint is brought against you to the Human Rights Tribunal by a trans employee at your organization. They say your posts contain misinformation, conspiracy theories and hateful comments about LGBTQ2SAI+ people. They also say that because of your posts they are worried about their employment and their safety at work and in the community.

You try to have the case dismissed because the Tribunal doesn’t have the jurisdiction to hear the complaint. You say that internet content, like your posts and comments, falls under federal jurisdiction, so the complaint can’t be heard at the provincial level. The person bringing the complaint against you thinks that since the comments relate to events in B.C., and to people in B.C., that the case should be heard in B.C.

  • No, you are not meeting your obligations under the Code. You published content that violated the Code on your personal website. The content you published included hate speech and discriminatory speech that caused harm to LGBTQ2SAI+ people.

    In 2024, the BC Human Rights Tribunal issued a decision that says it is able to hear cases about online hate speech. That means that B.C.’s Human Rights Code does offer protection from hate speech in material published on the internet when it has sufficient connection to B.C.

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