Gaucher v. Canadian Armed Forces

Gaucher v. Canadian Armed Forces

The Tribunal held that the requested documents are arguably relevant and ordered disclosure to the extent the documents exist or can be located: disclose available Merit Lists and Merit Board Reports for 1991–1996; disclose Merit Board files for all candidates who were promoted during 1991–1996; disclose full personnel files for the five named individuals (and continue efforts to locate a missing fifth file); require the Canadian Forces to use best efforts to locate documentation for earlier periods (1981–1988 and 1990) but declined to order reconstruction of records no longer in possession; require disclosure of documentation relating to hiring and retention of Aboriginal members as...

Citation
2005 CHRT 42
Parties
Complainant: Aleta Gaucher; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
20 October 2005
Procedural Posture
Canadian Human Rights Act Complaint / Pre Hearing Disclosure Motion
Outcome
Motions granted in part with specific disclosure orders and confidentiality conditions; motion to require reconstruction of missing records denied
Legal Topics
Discrimination, Disclosure, Promotion, Retention, Systemic Discrimination, Aboriginal Employment
Source Language
English
Human Rights Law Employment Law Administrative Law Military Personnel Law Discrimination Disclosure Promotion Retention +2 more

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Parties

Aleta Gaucher

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Pre Hearing Disclosure Motion

Legal Issues

  1. 1 Scope of disclosure and threshold for arguable relevance
  2. 2 Whether respondent must recreate missing Merit Board Reports and Merit Lists
  3. 3 Disclosure of Merit Board files versus full personnel files

Ratio Decidendi

The Tribunal held that the requested documents are arguably relevant and ordered disclosure to the extent the documents exist or can be located: disclose available Merit Lists and Merit Board Reports for 1991–1996; disclose Merit Board files for all candidates who were promoted during 1991–1996; disclose full personnel files for the five named individuals (and continue efforts to locate a missing fifth file); require the Canadian Forces to use best efforts to locate documentation for earlier periods (1981–1988 and 1990) but declined to order reconstruction of records no longer in possession; require disclosure of documentation relating to hiring and retention of Aboriginal members as...

Court Disposition

Motions granted in part with specific disclosure orders and confidentiality conditions; motion to require reconstruction of missing records denied

Orders

  • Canadian Forces ordered to disclose Merit Lists and Merit Board Reports relevant to Gaucher's promotion ranking for 1991 to 1996 to the extent they are available
  • Canadian Forces ordered to use best efforts to locate and disclose documentation relating to the Merit Board selection process for remaining years Gaucher was eligible (including 1981–1988 and 1990) but not required to reconstruct documents no longer in their possession