What is the test for credibility at a human rights tribunal?

British Columbia, Canada


The following excerpt is from Carten v. Law Society of British Columbia, 2008 BCHRT 308 (CanLII):

The Law Society goes on to note the often cited statement in Bell v. Sherk and others, 2003 BCHRT 63: In my view, the fact that a complaint raises issues of credibility is not, in and of itself, sufficient reason to deny an application to dismiss. Credibility is a factor in virtually every human rights complaint. Tribunal members, however, when considering the information which is before them in an application to dismiss, are not making findings of credibility per se, but rather are evaluating all the information before them in order to determine whether there is a reasonable prospect the complaint will succeed. This evaluation or weighing of the evidence for the purpose of determining whether there is a reasonable prospect the complaint will succeed is not of the same nature as that which occurs at a hearing before a tribunal, where the tribunal would make an assessment of the evidence on the balance of probabilities. The weighing or assessing at the s. 27 stage should relate solely to the question of whether there is a reasonable prospect that the complaint will succeed … (paras. 28 and 29)

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