BC Human Rights Tribunal dismisses one complaint, leaves room for more

Via Natasha Barsotti at Xtra.ca, we learn that the BC Human Rights Tribunal has dismissed the case of Peter Hayes, who was denied a permit to become a chauffeur and took things to court:

The BC Human Rights Tribunal has dismissed the complaint of a BDSM lifestyler who says police denied him a chauffeur’s permit because of his sexual orientation.

However, the tribunal deliberately declined to rule on whether BDSM qualifies for protection from discrimination under BC’s Human Rights Code.

Instead, the Nov 23 ruling says the tribunal “assumed, without deciding, that BDSM could constitute a ‘sexual orientation’ protected by the Code.”

“I think the important thing flowing from this case is that the tribunal has left the question of whether BDSM identity could constitute sexual orientation open for another day,” Peter Hayes’ lawyer, Lindsay Waddell, told Xtra on Nov 23.

“It’s unfortunate that they didn’t stray into the definition of sexual orientation, but at least they didn’t draw any negative conclusions about that.

“That is something that I have no doubt will be tested by the tribunal again,” she adds.

Great. We’ll be, er…looking forward to it. H/t to BCF.