Unconscious bias, racial stereotypes only need to be a factor in discipline, termination
The BC Human Rights Code provides protection for employees against discrimination on various grounds, including ancestry, place of origin, race, and colour. These grounds were referenced in the decision of Victor Mema v. City of Nanaimo, 2019 BCHRT 197, where Mema claimed that he, as a Black man (and the City’s first Black employee), experienced discrimination by his employer, the City.
The dispute eventually reached the BC Court of Appeal, which recently released its decision in Nanaimo (City) v. Mema, 2026 BCCA 203. The decision provides helpful guidance to assessing discrimination complaints, as well as information about the role of the BC Supreme Court and Court of Appeal in judicial reviews and appeals.
The situation started in July 2016, when Mema was hired by the City as its Chief Financial Officer. He reported to the Chief Administrative Officer, Ms. Samra. At the time, relations among City staff and councillors were acrimonious and there was an air of fear, paranoia, and anxiety in the workplace.
Concerns over credit card use
The City issued corporate credit cards to staff, which were intended to be used only for work. However, in practice, some personal use was accepted. Personal expenses had to be reimbursed to the City. Mema, like others, used his corporate credit card for personal expenses. His use of the credit card became concerning to others after he began to delay...
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