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The B.C. Human Rights Tribunal will investigate sexual practices involving "bondage, discipline and submission, sadism and masochism" to determine whether a self-described pagan was discriminated against by the Vancouver police department.

In a preliminary 18-page ruling issued Thursday, the tribunal said there may be merit in Peter Hayes' complaint that he lost a potential limo driver's job when a police officer refused him a chauffeur's permit seemingly because of his religious beliefs and sexual preferences.

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The police department, however, argues that Hayes' behaviour does not fall within the meaning of "sexual orientation" under the human rights legislation.

"In our submission, sexual orientation is separate and distinct from preferences or behaviours while engaging in sex," the department said. "The legislature has not gone so far as to prohibit discrimination on the basis of preferences or behaviour."

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Lyster suggested the tribunal solicit expert evidence to determine whether those who practise BDSM have "like homosexuals, historically been subjected to disadvantage, stereotyping and discrimination; and whether those who are drawn to such activities, like homosexuals, share 'a deeply personal characteristic that is either unchangeable or changeable only at unacceptable personal costs'. . . ."