Blencoe v British Columbia (Human Rights Commission)

Blencoe v British Columbia (Human Rights Commission)
Supreme Court of Canada
Hearing: January 24, 2000
Judgment: October 5, 2000
Full case nameThe British Columbia Human Rights Commission, the Commissioner of Investigation and Mediation, the British Columbia Human Rights Tribunal and Andrea Willis v. Robin Blencoe
Citations2000 SCC 44, [2000] 2 S.C.R. 307
Docket No.26789
Prior historyJudgment for Blencoe in the British Columbia Court of Appeal.
RulingAppeal allowed.
Holding
  1. Section 7 of the Canadian Charter of Rights and Freedoms applies to administrative bodies, such as human rights tribunals.
  2. "Liberty" in section 7 of the Charter is broader than physical liberty, and includes where state compulsions or prohibitions affect life choices.
  3. "Security of the person" in section 7 of the Charter includes psychological harm, but the harm must be caused by state actions, and must be serious.
  4. Section 7 of the Charter outside of a criminal law context does not include the principles in section 11(b) of the Charter.
Court membership
Chief Justice: Beverley McLachlin
Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel
Reasons given
MajorityBastarache J., joined by McLachlin C.J. and L'Heureux-Dubé, Gonthier, and Major JJ.
Concur/dissentLeBel J., joined by Iacobucci, Binnie, and Arbour JJ.

Blencoe v British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307 is a leading Supreme Court of Canada decision on the scope of section 7 of the Canadian Charter of Rights and Freedoms, and on the administrative law principle of natural justice.

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