Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

Because the complainant was observed sleeping and could not demonstrate that she was following the witness’s testimony and capable of an effective cross-examination, the Tribunal legitimately withdrew her right to personally cross-examine Dr. Dufour and authorized only the Commission’s counsel to conduct the cross-examination.

Citation
2007 CHRT 46
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 October 2007
Procedural Posture
Human Rights Complaint / Interim Ruling
Outcome
The Tribunal withdrew the complainant’s right to personally cross-examine the respondent’s witness Dr. Christiane Dufour and authorized only the Commission’s counsel to cross-examine.
Legal Topics
Disability Discrimination, Sex Discrimination, Conduct of Counsel, Cross Examination Rights, Courtroom Decorum
Source Language
English
Human Rights Law Administrative Law Disability Discrimination Sex Discrimination Conduct of Counsel Cross Examination Rights Courtroom Decorum

Case Brief

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Human Rights Complaint / Interim Ruling

Legal Issues

  1. 1 Whether a counsel/party’s sleeping during a hearing justifies withdrawal of the right to cross-examine a witness
  2. 2 Whether the Tribunal may limit participation to preserve the integrity and decorum of proceedings
  3. 3 Whether ex post facto explanations excuse lack of attentiveness at a hearing

Ratio Decidendi

Because the complainant was observed sleeping and could not demonstrate that she was following the witness’s testimony and capable of an effective cross-examination, the Tribunal legitimately withdrew her right to personally cross-examine Dr. Dufour and authorized only the Commission’s counsel to conduct the cross-examination.

Court Disposition

The Tribunal withdrew the complainant’s right to personally cross-examine the respondent’s witness Dr. Christiane Dufour and authorized only the Commission’s counsel to cross-examine.

Orders

  • Micheline Montreuil is not permitted to cross-examine Dr. Christiane Dufour on October 17, 2007 and thereafter in this examination.
  • Only the Canadian Human Rights Commission’s counsel is authorized to cross-examine Dr. Christiane Dufour.