Turner v. Canada Border Services Agency

Turner v. Canada Border Services Agency

Because the parties did not both consent to deciding the matter on the prior record, and because contested credibility and conflicting evidence require in-person assessment of witnesses to satisfy procedural fairness, the Tribunal must rehear the matter de novo; issues of new evidence, disclosure and use of transcripts will be resolved at a case management conference.

Citation
2017 CHRT 15
Parties
Complainant: Levan Turner; Commission: Canadian Human Rights Commission; Respondent: Canada Border Services Agency
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 May 2017
Procedural Posture
Canadian Human Rights Act Complaint (s.7) / Reconsideration Procedure Ruling (order for Hearing De Novo)
Outcome
Hearing de novo ordered for reconsideration
Legal Topics
Discrimination, Procedural Fairness, Reconsideration, Credibility Assessment, Disclosure
Source Language
English
Human Rights Administrative Law Employment Law Discrimination Procedural Fairness Reconsideration Credibility Assessment Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Levan Turner

Complainant

Canadian Human Rights Commission

Commission

Canada Border Services Agency

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (s.7) / Reconsideration Procedure Ruling (order for Hearing De Novo)

Legal Issues

  1. 1 Whether the Tribunal should reconsider on the basis of the existing record or hold a full de novo hearing
  2. 2 Whether procedural fairness requires witnesses be heard viva voce given contested credibility issues
  3. 3 Whether prior party consent to use the record binds parties on further reconsideration

Ratio Decidendi

Because the parties did not both consent to deciding the matter on the prior record, and because contested credibility and conflicting evidence require in-person assessment of witnesses to satisfy procedural fairness, the Tribunal must rehear the matter de novo; issues of new evidence, disclosure and use of transcripts will be resolved at a case management conference.

Court Disposition

Hearing de novo ordered for reconsideration

Orders

  • Proceed by way of a hearing de novo
  • Hold a Case Management Conference to address new evidence, disclosure and use of the prior hearing transcript and to streamline the hearing