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Old 23-09-19, 04:27
maple_leaf_eh maple_leaf_eh is offline
Terry Warner
 
Join Date: Mar 2004
Location: Shouting at clouds
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Quote:
Originally Posted by Patrick B View Post
the reason i bring up the Canadian human rights laws is because i am being refused a service that is provided to other people here in BC. ICBC has been informed that there are other ferrets here in BC registered with vintage plates but they do not care to acknowledge it. To me that is discrimination.

Discriminatory Practices

Denial of good, service, facility or accommodation

5 It is a discriminatory practice in the provision of goods, services, facilities or accommodation customarily available to the general public

(a) to deny, or to deny access to, any such good, service, facility or accommodation to any individual, or

(b) to differentiate adversely in relation to any individual,

on a prohibited ground of discrimination.

1976-77, c. 33, s. 5

I have spoken with more than one owner here in BC that have ferrets registered with vintage plates. They dont understand why i am having so much trouble.
The SVA tried to help me but couldnt.
I have basically run out of ideas that do not involve lawyers.
Patrick, the clause you cite is the operative one for that body of legislation and its specific protections. Article 15 of the Charter of Rights and Freedoms deals with equality across the country, https://www.justice.gc.ca/eng/csj-sj...eck/art15.html.

Jurisprudence noted by the Department of Justice's own page highlights one grounds as "Administrative action (e.g., the implementation of an otherwise non-discriminatory statute in a discriminatory way by government officials) (Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 S.C.R. 1120)." This case dealt with a bookstore catering to gay and lesbian clients, and was charged under obscenity laws for selling printed materials. I think it was always in trouble with the Customs people who refused to allow importation of this material.

Despite my university level English, I was never clever enough to follow every part of the legal discussion in the website. But.... it would appear the the discrimination has to meet more than one test to be covered by this Section. We as vehicle owners are not in the same class of injury as citizens who may have suffered prolonged harsh treatment or discrimination on far worse grounds.

There is an equivalent Quebec charter. http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/C-12 Part 1 Chapter 1 Paragraph 6. "Every person has a right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law." The extent of the law put the permission to enjoy property into the hands of the government, and that is what they are doing regulating the issue or refusal to issue vehicle registrations. Being owners of one class of vehicle which has been singled out as something different might be a discriminatory practise.

Paragraph 12 continues, "12. No one may, through discrimination, refuse to make a juridical act concerning goods or services ordinarily offered to the public." The phrase ordinarily offered could likely be read as what was once done. As I read the rest of the Act and its articles, I did not see other language about property, but lots about legal and human rights.
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Terry Warner

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