ABBOTSFORD, BC: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre will appear before the Supreme Court of British Columbia this week on behalf of British Columbia resident Kristin Olsen, who is seeking judicial review of a British Columbia Human Rights Tribunal decision that ordered her to pay $10,000 for comments made during private conversations with a longtime friend.
The case arises from a dispute between Ms. Olsen and Terry Wiebe, who lived on Ms. Olsen’s property between 2014 and 2018. According to the Tribunal’s findings, the parties were longtime friends who also shared work and living arrangements before their relationship deteriorated.
In 2019, Wiebe filed a complaint with the British Columbia Human Rights Tribunal alleging discrimination based on gender identity and expression. In January 2025, the Tribunal ruled that while gender identity was not a factor in Ms. Olsen’s decision to end the living arrangement, her refusal to assure Wiebe of continued residence on the property following “top surgery” adversely affected the tenancy relationship.
The Tribunal awarded $10,000 in damages for injury to dignity, feelings, and self-respect.
Ms. Olsen is now asking the Court to overturn that decision. Her petition argues that the Tribunal erred in finding that a tenancy relationship existed within the meaning of the Human Rights Code, erred in finding that her comments constituted discrimination, and failed to properly consider freedom of expression protected by the Canadian Charter of Rights and Freedoms.
According to court filings, the Tribunal accepted that Ms. Olsen’s concerns about top surgery were connected in part to her personal experiences with her mother’s battle against breast cancer and concerns about the medical risks associated with surgery. The petition argues that these concerns were not based on hostility toward gender identity and that the Tribunal improperly penalized private conversations that took place within a longstanding personal friendship.
Constitutional lawyer Marty Moore said the case raises important questions about the reach of human rights tribunals into private discussions between individuals.
“This case shows yet again an example of the BC Human Rights Tribunal overreaching to police speech,” said Mr. Moore. “It highlights the serious need for legislative reform to prevent private individuals from going through this punishing process on account of expressing their sincere opinions and concerns.”
Ms. Olsen said the Tribunal’s decision has had a profound impact on her.
“The BC Human Rights Tribunal issuing a $10,000 fine for expressing concern and opinions between friends is a violation of Charter rights as the fine makes it clear that the Tribunal is determining that it is mandatory that the public accept or believe in gender theory or be held in violation of the Human Rights Code,” she said.
“I am so very grateful to the JCCF for providing me with professional representation to conduct the Judicial Review of the BC Human Rights Tribunal decision levied against me. I represented myself throughout the previous seven years of the Residential Tenancy and BC Human Rights Tribunal process, and am thoroughly exhausted by this seemingly biased process,” she added.
The hearing is expected to take place over two days during the week of June 1-5, 2026.
The Justice Centre is Canada’s leading civil liberties organization fighting for Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.
