Emmett v. Canada Revenue Agency

Emmett v. Canada Revenue Agency

The Tribunal dismissed the respondent's motion to strike the specified portions of the Statement of Particulars: the Tribunal may inquire into alleged systemic discrimination even where statistical evidence is relied upon as supporting circumstantial evidence; s.40.1(2) governs the Commission and does not bar the Tribunal from proceeding; the complainant sufficiently identified specific allegedly discriminatory practices; age claims were referred and not struck; whether a requested remedy is barred by s.54.1(2) will be determined only after the inquiry if the complaint is substantiated; amendments to remedies require a formal Rule 3 motion. The Tribunal granted the confidentiality order...

Citation
2013 CHRT 12
Parties
Complainant: Diane Carolyn Emmett; Commission: Canadian Human Rights Commission; Respondent: Canada Revenue Agency
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
8 May 2013
Procedural Posture
Canadian Human Rights Act Complaint / Ruling on Pre Hearing Motion to Strike Portions of Statement of Particulars
Outcome
Respondent's motion to strike portions of Complainant's Statement of Particulars dismissed; confidentiality order granted under s.52(1)(c) of the CHRA; direction to seek formal motion for any amendments to remedies
Legal Topics
Systemic Discrimination, Under Representation, Remedies, Jurisdiction, Procedural Fairness, Confidentiality
Source Language
English
Human Rights Law Employment Law Administrative Law Systemic Discrimination Under Representation Remedies Jurisdiction Procedural Fairness +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Diane Carolyn Emmett

Complainant

Canadian Human Rights Commission

Commission

Canada Revenue Agency

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling on Pre Hearing Motion to Strike Portions of Statement of Particulars

Legal Issues

  1. 1 Whether Tribunal can dismiss part of a complaint prior to a full hearing
  2. 2 Whether Tribunal has jurisdiction to inquire into complaints based solely on statistical evidence
  3. 3 Whether complainant improperly amended complaint to add new systemic allegations

Ratio Decidendi

The Tribunal dismissed the respondent's motion to strike the specified portions of the Statement of Particulars: the Tribunal may inquire into alleged systemic discrimination even where statistical evidence is relied upon as supporting circumstantial evidence; s.40.1(2) governs the Commission and does not bar the Tribunal from proceeding; the complainant sufficiently identified specific allegedly discriminatory practices; age claims were referred and not struck; whether a requested remedy is barred by s.54.1(2) will be determined only after the inquiry if the complaint is substantiated; amendments to remedies require a formal Rule 3 motion. The Tribunal granted the confidentiality order...

Court Disposition

Respondent's motion to strike portions of Complainant's Statement of Particulars dismissed; confidentiality order granted under s.52(1)(c) of the CHRA; direction to seek formal motion for any amendments to remedies

Orders

  • Respondent's motion to strike portions of the Statement of Particulars is dismissed
  • The parties and their representatives must keep confidential all information regarding the identity of current and former employees of the Respondent unrelated to the complaint (order under CHRA s.52(1)(c))