The B.C. Human Rights Tribunal has denied an application to dismiss a former deputy sheriff’s complaint against the Ministry of Attorney General.

Bradford Junkin filed the complaint over the loss of his job in February 2008 with the B.C. sheriff’s service.

His dismissal came two months after he was charged with assaulting and uttering threats against his superior officer.

Junkin, who was later acquitted, argues he was discriminated against because he was denied reinstatement over a “criminal conviction”, according to a February 17 tribunal ruling.

The ministry denies it discriminated, claiming Junkin was dismissed and not reinstated over misconduct and not because of any criminal charge.

Tribunal acting chair Bernd Walter has denied an application by the ministry to dismiss Junkin’s complaint.

“The respondent argues there is no connection between Mr. Junkin’s criminal charges and his non-reinstatement,” Walter wrote in the ruling.

“In this case, however, the events which the respondent says constituted a breach of Mr. Junkin’s standards of conduct, and which in turn are cited as justification for his non-reinstatement, arose from precisely the same conduct which gave rise, and is inextricably linked, to his criminal charges,” Walter concludes.

“The situation is rendered even more complex because the purported victim of the alleged criminal conduct was Mr. Junkin’s superior officer.”

Walter concludes: “On the basis of the materials filed to date, and although I have carefully considered the respondent’s arguments, I am unable to conclude that there is no reasonable prospect that Mr. Junkin’s complaint will not succeed.”

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