A disabled man's complaint against BC Ferries stemming from a 2019 incident at the Departure Bay ferry terminal was dismissed last month by the BC Human Rights Tribunal (Ian Seggie)

By Ian Holmes

case dismissed

Human rights complaint by Nanaimo ferry user dismissed

Aug 30, 2025 | 8:45 AM

NANAIMO — Following the implementation of loosened assured loading requirements and a financial sweetener from BC Ferries, a human rights complaint against the company has been tossed.

Previously scheduled for a BC Human Rights Tribunal (HRT) hearing, the agency recently dismissed Roger Chin’s complaint related to his experience at the Departure Bay ferry terminal in 2019.

Chin, facing a two-sailing wait to Vancouver on August 18, 2019, has physical and mental disabilities he argued preclude him from extended ferry line-ups.

A doctor’s note secured the following month stated Chin has permanent disabilities and that his required oxygen tanks only last for four hours.

During the morning in question at the Departure Bay terminal, Chin outlined to the HRT his request for Medical Assured Loading (MAL), which was denied due to a lack of proper documentation.

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BC Ferries determined at the time Chin did not qualify for MAL since his travel was not for critical or emergency medical care, which was the policy at the time.

Chin had a specialist appointment scheduled for the following day.

Arrangements were made for Chin to sail from the Duke Point terminal instead.

He then filed a human rights complaint, alleging discrimination based on his disability.

BC Ferries has since maintained an expanded MAL policy first introduced during the COVID-19 pandemic in July 2020 as ordered by the B.C. government.

Under enhanced MAL protocols, BC Ferries must provide assured loading to customers arriving at the terminal at least 30 minutes prior to departure who are proven to be travelling to or from medical treatments, even for non-urgent appointments.

The HRT ruling noted costs were removed to reserve such sailings, while non-reservable routes also cover medically assured loading.

“Expanded options for free reservations address Mr. Chin’s concern about the added cost of making reservations to avoid extended waiting times,” HRT vice chair Devyn Cousineau wrote, who noted proceeding with a hearing was not worth the time or money.

Chin then made a new request seeking assured loading for recreational, non-medical related travel, which was determined to be outside of his original scope and filed too late.

Categorized by the HRT as a “significant expansion” on his original complaint, the tribunal stated it’s BC Ferries’ prerogative to ensure equitable access for those with disabilities, while continuing to meet the needs of other customers.

“I am satisfied that this (MAL) is a reasonable policy which meets BC Ferries’ obligations to people with disabilities travelling for medical purposes. That is the issue raised by Mr. Chin’s complaint, and it has been resolved,” Cousineau stated.

Chin was recently offered $15,000 by BC Ferries as a personal remedy to settle his complaint, considered by the HRT to be a reasonable offer.

“Again, I acknowledge Mr. Chin’s efforts to advocate on behalf of people with disabilities for an inclusive, equitable ferry service in BC. I am dismissing his complaint because he has effectively achieved what he set out to do. I remind him that BC Ferries’ offer remains open for him to accept,” Cousineau concluded.

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