B.C. judge overrules decision by province's human-rights tribunal

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VANCOUVER – A B.C. Supreme Court justice says the province’s human-rights tribunal must reconsider its decision to accept a discrimination complaint filed by a former inmate and HIV patient.

Charles Mzite claimed the B.C. government broke the Human Rights Code because his supply of antiretroviral medication was interrupted while he was inmate on Vancouver Island between December 2007 and April 2009.

The tribunal accepted the complaint March 2, 2012, even though it was not filed within the six-month time frame mandated by law, saying it was in the public’s interest to do so.

But the provincial government applied for a judicial review of the tribunal’s decision.

Justice Harry Slade sided with the government, saying he saw no reasonable explanation for Mzite’s delay in filing his complaint.

He also suggests the tribunal was motivated by an improper purpose, specifically an investigation of medical practices and procedures at The Vancouver Island Regional Correctional Centre.

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