Traditionally, racial discrimination is an issue reserved for the exclusive consideration of the B.C. Human Rights Tribunal (BCHRT). But, a recent BC Supreme Court decision has opened the door to allow the use of evidence of racial discrimination to bolster a negligence claim.
Background
In Morrison v Northern Health, 2025 BCSC 1816, an Indigenous woman tragically lost her baby when she attended at a local hospital that was not equipped for high-risk pregnancies. She and her partner chose to drive to a larger nearby medical centre rather than pay for an ambulance and, by the time they arrived, the baby was stillborn.
The couple sued the hospitals and medical professionals involved in their care for negligence. They alleged that racial stereotyping played a role in the mother’s treatment and that this contributed to the loss of her baby.
Generally, discrimination claims fall under the exclusive jurisdiction of the BCHRT, which offers a comprehensive set of remedies to address discrimination. Given this, the defendants asked the Court in this case to remove all references to racial discrimination from the couple’s claim.
Outcome
The BC Supreme Court refused to remove the portions of the claim referencing discrimination. To establish a successful claim in negligence, the couple must prove that the care they received fell below a reasonable standard of care. The Court found that evidence of racial discrimination can be used to demonstrate that the medical care in question fell below the reasonable standard. However, the couple was prohibited from seeking damages for racial discrimination independent of their claim for negligence.
Takeaways
This decision raises the prospect of overlapping recovery for plaintiffs alleging racial discrimination in front of both the BC Supreme Court and the BCHRT. In this case, the couple had not submitted a complaint to the BCHRT and this may have influenced the Court’s ultimate decision.
Since this is an interim decision concerning the proper scope the couple’s claim, it remains to be seen how large of a role the alleged discrimination will play in proving that the medical care fell below a reasonable standard. However, this case provides a stark reminder of the importance of proactive workplace training to eliminate unconscious bias both to avoid future liability and to avoid allegations of racial discrimination being raised against public institutions in the judicial forum.