Nolet v. Canadian Armed Forces

Nolet v. Canadian Armed Forces

Motion granted in part: the Tribunal affirmed original temporal scope April 2020–November 2021 but permitted a limited expansion of allegations within that timeframe and added section 10 CHRA to permit inquiry into systemic discrimination connected to the original complaint; a discrete temporal extension to May 2024 is allowed solely to inquire into the Final Authority decision on grievance; broad expansion to 2011–present is denied as outside the referral and unduly prejudicial or disproportionate; disclosure order denied as premature; Complainant's SOP struck and an amended SOP directed within 60 days complying with Rule 18(1)(a)-(f).

Citation
2025 CHRT 92
Parties
Complainant: Arianna Nolet; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 September 2025
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Pre Hearing Scope Determination Motion (ruling)
Outcome
Motion granted in part and denied in part
Legal Topics
Scope of Complaint, Systemic Discrimination, Disclosure, Accommodation, Harassment, Retaliation, Termination, Section 10 CHRA
Source Language
English
Human Rights Employment Law Administrative Law Disability Law Military Administration Scope of Complaint Systemic Discrimination Disclosure +5 more

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Parties

Arianna Nolet

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Pre Hearing Scope Determination Motion (ruling)

Legal Issues

  1. 1 Whether the Tribunal should expand the temporal scope of the complaint beyond April 2020 to November 2021
  2. 2 Whether section 10 of the Canadian Human Rights Act may be added to the complaint to permit inquiry into systemic discrimination
  3. 3 Whether further statutory provisions (ss.3(1), 8, 12, 14.1) should be added

Ratio Decidendi

Motion granted in part: the Tribunal affirmed original temporal scope April 2020–November 2021 but permitted a limited expansion of allegations within that timeframe and added section 10 CHRA to permit inquiry into systemic discrimination connected to the original complaint; a discrete temporal extension to May 2024 is allowed solely to inquire into the Final Authority decision on grievance; broad expansion to 2011–present is denied as outside the referral and unduly prejudicial or disproportionate; disclosure order denied as premature; Complainant's SOP struck and an amended SOP directed within 60 days complying with Rule 18(1)(a)-(f).

Court Disposition

Motion granted in part and denied in part

Orders

  • Strike Complainant's Statement of Particulars in its entirety
  • Complainant to file amended SOP within 60 days limited to allegations within April 2020 to November 2021 and to include particulars identified in the ruling, relevant witnesses and organized document list