DISCRIMINATION - Prohibited grounds - Race, colour, ancestry or place of origin - Workplace discrimination - Termination

Law360 Canada ( July 14, 2026, 9:49 AM EDT) -- Appeal by the City of Nanaimo (City) from an order dismissing its petition for judicial review of a decision of the British Columbia Human Rights Tribunal (Tribunal). The Tribunal found that the City discriminated against its former chief financial officer, Mema, on the basis of race, contrary to s. 13(1)(b) of the Human Rights Code, when it suspended and later terminated his employment. Mema, a Black man, alleged that racial stereotypes factored into the City’s decisions. The Tribunal’s decision followed a lengthy hearing and focused on whether Mema’s race was a factor in the adverse employment actions, particularly through reliance on a misconduct report authored by another employee and used by City Council (Council) in making its decisions. The City argued that the Tribunal failed to consider key factual and legal constraints, improperly inferred racial bias, made a material factual error, and wrongly connected any bias in the misconduct report to the suspension and termination decisions. The City further argued that the Council relied on new information beyond the misconduct report and that subconscious bias in an employee complaint could not be imputed to Council’s decisions. The judge rejected these arguments and dismissed the petition, and the City appealed, conceding that the applicable standard of review was deferential....
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