Grand Chief Stan Louttit et al. v. AGC

Grand Chief Stan Louttit et al. v. AGC

The Tribunal directed the Respondent to provide an unequivocal written account mapping the additional documents it produced on May 21, 2013 to each request in Table A of the Complainant's October 1, 2012 Motion Record, with a deadline of December 9, 2013, and required the Complainant to advise within four weeks of receipt whether outstanding issues remain, followed by a conference call to address any remaining issues and set hearing dates; the direction is justified by the Respondent's obligation to disclose in a manner that allows the Complainant to be heard and the Tribunal to verify compliance.

Citation
2013 CHRT 27
Parties
Complainant: Grand Chief Stan Louttit (representative capacity on behalf of the First Nations of Mushkegowuk Council); Complainant: Grand Chief Stan Louttit (personal capacity); Commission: Canadian Human Rights Commission; Respondent: Attorney General of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
17 October 2013
Procedural Posture
Canadian Human Rights Act Complaint (policing Services Discrimination) / Ruling on Disclosure and Case Management
Outcome
Directed Respondent to provide itemized written explanation of compliance with disclosure order and set deadlines for responses and follow-up conference call
Legal Topics
Race Discrimination, National or Ethnic Origin, Disclosure, Discovery, Directions for Compliance, First Nations Policing Policy
Source Language
English
Human Rights Administrative Law Procedural Law Indigenous Law Police Law Race Discrimination National or Ethnic Origin Disclosure +3 more

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Parties

Grand Chief Stan Louttit (representative capacity on behalf of the First Nations of Mushkegowuk Council)

Complainant

Grand Chief Stan Louttit (personal capacity)

Complainant

Canadian Human Rights Commission

Commission

Attorney General of Canada

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (policing Services Discrimination) / Ruling on Disclosure and Case Management

Legal Issues

  1. 1 Whether the Respondent complied with the Tribunal's December 21, 2012 order to disclose additional documents
  2. 2 Whether the Respondent must identify which disclosed documents correspond to each request in Table A of the Complainant's October 1, 2012 Motion Record
  3. 3 Appropriate procedural direction to resolve ongoing disclosure deficiencies and permit case progression

Ratio Decidendi

The Tribunal directed the Respondent to provide an unequivocal written account mapping the additional documents it produced on May 21, 2013 to each request in Table A of the Complainant's October 1, 2012 Motion Record, with a deadline of December 9, 2013, and required the Complainant to advise within four weeks of receipt whether outstanding issues remain, followed by a conference call to address any remaining issues and set hearing dates; the direction is justified by the Respondent's obligation to disclose in a manner that allows the Complainant to be heard and the Tribunal to verify compliance.

Court Disposition

Directed Respondent to provide itemized written explanation of compliance with disclosure order and set deadlines for responses and follow-up conference call

Orders

  • Respondent to indicate in writing to the Tribunal and all parties, in an unequivocal manner, how it has complied with the Tribunal's December 21, 2012 order, specifically what additional documents it provided on May 21, 2013 and how those documents respond to each request in Table A of the Complainant's October 1,...
  • Respondent to provide its response to order 1 by December 9, 2013.