Nolet v. Canadian Armed Forces

Nolet v. Canadian Armed Forces

The motion is dismissed because the Tribunal lacks jurisdiction to expand the referred complaint to include CAF's collection efforts or to stay those collection actions; the Tribunal cannot make a finding of (prima facie) retaliation absent a referral and a hearing on the merits; the material before the Tribunal does not establish a sufficient connection to the referred complaint or evidentiary basis for expansion; and there is no reasonable basis to disqualify DOJ counsel given absence of prior solicitor‑client confidentiality concerns or evidence of misuse of information.

Citation
2025 CHRT 101
Parties
Complainant: Arianna Nolet; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 October 2025
Procedural Posture
Canadian Human Rights Act Complaint / Ruling on Pre Hearing Motion
Outcome
Motion dismissed
Legal Topics
Retaliation, Interim Relief, Jurisdiction, Conflict of Interest, Scope of Complaint, Proportionality, Tribunal Procedure
Source Language
English
Human Rights Administrative Law Retaliation Interim Relief Jurisdiction Conflict of Interest Scope of Complaint Proportionality +1 more

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Parties

Arianna Nolet

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling on Pre Hearing Motion

Legal Issues

  1. 1 Whether the Tribunal may expand the scope of the referred complaint to include alleged retaliatory debt collection by CAF
  2. 2 Whether the Tribunal has jurisdiction to grant a stay or interim relief halting CAF collection actions
  3. 3 Whether the Tribunal can make a prima facie finding of retaliation before a hearing on the merits

Ratio Decidendi

The motion is dismissed because the Tribunal lacks jurisdiction to expand the referred complaint to include CAF's collection efforts or to stay those collection actions; the Tribunal cannot make a finding of (prima facie) retaliation absent a referral and a hearing on the merits; the material before the Tribunal does not establish a sufficient connection to the referred complaint or evidentiary basis for expansion; and there is no reasonable basis to disqualify DOJ counsel given absence of prior solicitor‑client confidentiality concerns or evidence of misuse of information.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed; no relief granted