The Petitioner applied for judicial review of a decision of the BC Human Rights Tribunal, which had found that the Petitioner had failed to establish a prima facie case of discrimination based on the Respondent’s failure to fund prostate cancer screening tests. The Court found that the Tribunal had erred in conflating the question of the Respondent’s bona fide and reasonable justification into its consideration as to whether the Petitioner had established a prima facie case of discrimination and in applying an improper test to that analysis. The Court remitted the matter to the Tribunal for reconsideration.

Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Gender – Government funding for screening tests – Judicial review – Standard of review – Correctness – Reasonableness simpliciter – Compliance with legislation Armstrong v. British Columbia (Ministry of Health), [2009] B.C.J. No. 1279, British Columbia Supreme ...