Clegg v. Air Canada

Clegg v. Air Canada

Because the Complaint alleges broad systemic sex-based discrimination and remedies related to workplace culture and scheduling, the Nance Report and any Air Canada documents reflecting input into its preparation or implementation are arguably relevant and must be produced subject to confidentiality protections for the non-party individual (Pilot XY); production does not determine admissibility or weight at hearing.

Citation
2017 CHRT 27
Parties
Complainant: Jane Clegg; Commission: Canadian Human Rights Commission; Respondent: Air Canada; Non Party Subject: Pilot XY
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 August 2017
Procedural Posture
Human Rights / Pre Hearing Disclosure Motion (ruling)
Outcome
Motion granted in part: production ordered with confidentiality protections for non-party Pilot XY
Legal Topics
Sex Discrimination, Gender Harassment, Systemic Discrimination, Disclosure/production of Documents, Confidentiality Orders, Evidence Admissibility, Scheduling/bid Around Process
Source Language
English
Human Rights Law Employment Law Administrative Law Sex Discrimination Gender Harassment Systemic Discrimination Disclosure/production of Documents Confidentiality Orders +2 more

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Parties

Jane Clegg

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Pilot XY

Non Party Subject

Procedural Posture

Human Rights / Pre Hearing Disclosure Motion (ruling)

Legal Issues

  1. 1 Is the Nance Report arguably relevant to the issues raised in the Complaint?
  2. 2 Should the Nance Report and related documents be disclosed?
  3. 3 Should Air Canada produce documents reflecting its input into the Nance Report or its implementation?

Ratio Decidendi

Because the Complaint alleges broad systemic sex-based discrimination and remedies related to workplace culture and scheduling, the Nance Report and any Air Canada documents reflecting input into its preparation or implementation are arguably relevant and must be produced subject to confidentiality protections for the non-party individual (Pilot XY); production does not determine admissibility or weight at hearing.

Court Disposition

Motion granted in part: production ordered with confidentiality protections for non-party Pilot XY

Orders

  • Air Canada shall produce the Nance Report and any additional non-privileged documents in its power, possession or control that reflect Air Canada’s or its employees’ input into the preparation or implementation of the Nance Report, to the extent such documents exist
  • Air Canada shall provide the information to the parties within three weeks of the date of the decision