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Chinese strata proceeds to B.C. Human Rights Tribunal

A case of alleged discrimination by Mandarin-speaking strata council members against their English-speaking neighbours will be heard at a B.C. Human Rights Tribunal hearing.
Kargut
Andreas Kargut is leading a class-action Human Rights Tribunal claim against his strata council, which he claims has discriminated against non-Mandarin speaking homeowners. Dec. 2015.

A case of alleged discrimination by Mandarin-speaking strata council members against their English-speaking neighbours will be heard at a B.C. Human Rights Tribunal hearing.

Former Richmond resident Andreas Kargut — who moved to the Interior following what he describes as strenuous living conditions for his family, after his Tribunal claim was filed against the strata — expressed relief in the decision to have the case heard.

“I’m very happy about this,” said Kargut.

He and eight other owners at Wellington Court, on Heather Street, made national headlines after the Richmond News broke the story in December 2016. They claim racial discrimination from the Mandarin speakers who refused to conduct strata council meetings, including an Annual General Meeting (AGM), in English.

The case is unique in so much that ethnic Chinese people are a visible minority in Canada but a majority in Richmond (52 per cent).

“Where it occurs, discrimination by the minority against members of the majority group is no more acceptable just because that group has obtained a majority in a particular enclave,” stated Tribunal member Walter Rilkoff in a written statement.

Kargut case settle
Non-Mandarin-speaking claimants, including Andreas Kargut (left), of a local townhouse development, have established a GoFundMe page to help defray their legal bills leading up to a BC Human Rights Tribunal hearing that sought to address their strata council’s decision to conduct meetings in Mandarin. Photo submitted

The Mandarin-speaking strata claimed the need to speak Mandarin only because its members were all Chinese and some didn’t speak English (11.2 per cent of Richmond residents cannot communicate in English — by far the highest rate in Canada).

Wrote Rilkoff: “Wellington Court is not, and cannot be, a closed community open only to people of one ethnic group. Any owner is free to sell their unit to anyone and anyone is entitled to purchase a unit. That buyer in turn is entitled to meaningfully participate in the Strata’s governance.”

Because a small minority of owners cannot speak English at all, Rilkoff suggested “the Strata may be under an obligation to provide reasonable accommodation to the Mandarin speakers.”

The Tribunal will explore such matters at a hearing date to be determined.

MLA Reid calls case isolated

Kargut said he initially had the verbal support of his then MLA, Linda Reid, to change the Strata Property Act to require English in council meetings.

“When I first met with her she agreed changes need to be made. The Strata Act was revamped in 2014 and language wasn’t part of that. Linda Reid told me it wasn’t a matter of if a Caucasian person would file a case against Mandarin speakers, it’s a matter of when. That’s what she said. In other words, this kind of stuff is happening all over Richmond,” said Kargut.

But when the News asked Reid this month about changing the Act, she said it wouldn’t be necessary and Wellington Court is an isolated incident.

“It didn’t require it and we have no other ongoing complaints at the present time, so we’ll work our way through that process,” said Reid, nevertheless noting that “to be a non-Asian speaker and have the meetings conducted in Chinese puts you at an enormous disadvantage.”

Prior to the May election Reid was Speaker of the House and said she must remain neutral on matters. During the campaign she touted in ads she was “proud of our international city.” Her then NDP counterpart Coun. Chak Au suggested translation services (for either party) be available under law. 

When he filed his claim in 2016, Kargut contended: “This is Canada and we have to preserve our official languages. We have to be vigilant about this as Canadians.

“They are trying to build a monocultural community and hoping that people who don’t speak their language, and don’t have their cultural background, will move out.” 

Some complainants are Chinese themselves

In his written submission to allow the hearing to proceed, Rilkoff addressed the matter of some of the complainants (the Kargut group) being of Chinese ethnicity (who nevertheless cannot speak Mandarin).

“The concepts of race, colour, ancestry and place of origin often seem to be used interchangeably, and that certainly appears to be the case here,” he said.

But in submissions, the strata council members noted complainant Mr. Tan is of Chinese ethnicity, thus putting into question the claim of racial discrimination.

“The Respondent (strata) refers to the inclusion of Mr. Tan, who is part of the complainant group, but who is Asian, and likely shares more racial characteristics with the Mandarin speaking group than with Mr. Kargut, for example. However, that is not a complete answer. The fact that there may be exceptions in a group to that group’s protected characteristic does not, in and of itself, avoid a finding of distinctions on the prohibited ground.”

In this respect Rilkoff agreed that the “complainant group is likely predominantly one of race or place of origin or ancestry.”

He said Kargut “may wish to consider amending the Complaint to add additional protected grounds.”