Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

The Tribunal held that the Côté expert report meets the threshold likelihood of relevance because it addresses the complainant's confrontation with dual identity and contains material relating to transgender/transsexual condition and sexual identity (issues central to the discrimination claim), and portions of its content are already in the public record; therefore the report must be disclosed under protective conditions. The Tribunal held that the Rodrigue disability certificate does not demonstrate any information about transgender condition, sex-change procedure or sexual identity and therefore does not meet the likelihood-of-relevance threshold and need not be disclosed.

Citation
2006 CHRT 54
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
30 October 2006
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Interlocutory Ruling on Disclosure Motion
Outcome
Motion partially granted: disclosure of Dr. Serge Côté expert report ordered; disclosure of Dr. Jean Rodrigue certificate refused
Legal Topics
Disclosure, Medical Confidentiality, Transgender Rights, Relevance of Evidence, Expert Report
Source Language
English
Human Rights Employment Law Administrative Law Privacy Disclosure Medical Confidentiality Transgender Rights Relevance of Evidence +1 more

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Interlocutory Ruling on Disclosure Motion

Legal Issues

  1. 1 Whether the expert report of Dr. Serge Côté is likely relevant and must be disclosed
  2. 2 Whether the disability certificate of Dr. Jean Rodrigue is likely relevant and must be disclosed
  3. 3 Whether confidentiality or prior confidentiality agreements prevent disclosure

Ratio Decidendi

The Tribunal held that the Côté expert report meets the threshold likelihood of relevance because it addresses the complainant's confrontation with dual identity and contains material relating to transgender/transsexual condition and sexual identity (issues central to the discrimination claim), and portions of its content are already in the public record; therefore the report must be disclosed under protective conditions. The Tribunal held that the Rodrigue disability certificate does not demonstrate any information about transgender condition, sex-change procedure or sexual identity and therefore does not meet the likelihood-of-relevance threshold and need not be disclosed.

Court Disposition

Motion partially granted: disclosure of Dr. Serge Côté expert report ordered; disclosure of Dr. Jean Rodrigue certificate refused

Orders

  • Complainant ordered to disclose forthwith the expert report of Dr. Serge Côté dated March 18, 1998 to the respondent
  • Disclosure restricted: the Côté report shall be transmitted to counsel for the respondent and may be transmitted to medical experts retained by the respondent solely for the purposes of the present case