B.C. man files human rights complaint after Facebook temporarily restricted his account access

A mobile Facebook login screen is seen in this stock image. (Pixabay / Pexels)

Vancouver — A B.C. man's human rights complaint against Facebook over what he says was sexual orientation discrimination won't be looked into locally.

In a decision posted Wednesday, B.C. Human Rights Tribunal member Paul Singh says the complaint, filed by Ryan Elson, doesn't fall under its jurisdiction.

According to the decision, Elson alleged in a 2019 complaint that Facebook "discriminated against him on the basis of sexual orientation." In an update to his complaint made this year, Elson claimed the company retaliated against him.

"The basis of the complaint is Facebook’s alleged temporary restriction of Mr. Elson’s use of Facebook’s service for one week in September 2019," Singh's decision summarizes.

"Mr. Elson further alleges that Facebook retaliated against him by allegedly censoring a post in which he allegedly stated he intended to file a human rights complaint."

A summary of Elson's complaint included in the decision says he identifies as "a biological male who prefers biological males," and says he claims he's "entitled to express (his) opinion" about his beliefs that "trans ideology is destructive to (his) freedom to have a sexual orientation."

Some of Elson's allegations were rejected by the tribunal in April 2020, saying he could only file for "allegation of discrimination on the basis of sexual orientation in the area of services." But this past August, Facebook denied it discriminated against Elson and filed for the complaint to be completely dismissed, saying it doesn't fall under the provincial tribunal's jurisdiction.

According to Singh's decision, telecommunications is considered a "federal undertaking." The decision says Elson told the provincial tribunal he tried to file his complaints with the Canadian Human Rights Commission, but said it also declined jurisdiction. However, Elson did not submit a copy of his CHRC complaint to the B.C. tribunal.

"Instead, he has filed a brief email from an unidentified person in the CHRC 'complaints services' department in which the department says it declined to accept his complaint on jurisdictional grounds because Facebook 'is not a telecommunications company or internet service provider – it is just a website,'" Singh's decision says.

But Singh says "case law is clear that federal jurisdiction is not limited to telecommunications companies and internet service providers." Singh lists several examples in his decision, saying the BCHRT "has found that federal jurisdiction extends to a variety of communications and business activities that take place over the internet."

Ultimately, Singh doesn't address the contents of Elson's complaint at all, but dismisses it entirely on the basis of the provincial tribunal's jurisdiction.

"Facebook service allows users to communicate and post content on the internet. The service exists in cyberspace and cannot be used in any other way," Singh's decision says.

"In these circumstances, the tribunal cannot decline to follow the established body of case law regarding its jurisdiction simply on the basis of an email from CHRC to Mr. Elson rejecting his complaint."