Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

The Tribunal found the complainant's conduct was inappropriate and perceived as intimidating by the expert; to protect the integrity of the hearing and the willingness of expert witnesses to testify, the Tribunal ordered that the complainant is forbidden to approach or speak to the opposing party's expert witnesses unless the respondent's counsel are present.

Citation
2007 CHRT 22
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 May 2007
Procedural Posture
Human Rights Complaint / Interim Ruling (hearing in Progress)
Outcome
Interim prohibition order preventing the complainant from approaching opposing party expert witnesses without respondent counsel present.
Legal Topics
Witness Intimidation, Expert Evidence, Procedure, Interim Orders, Disability Discrimination, Sex Discrimination
Source Language
English
Human Rights Discrimination Administrative Law Witness Intimidation Expert Evidence Procedure Interim Orders Disability Discrimination +1 more

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Human Rights Complaint / Interim Ruling (hearing in Progress)

Legal Issues

  1. 1 Whether the complainant intimidated or attempted to intimidate a respondent expert witness
  2. 2 Whether the Tribunal should restrict the complainant from approaching opposing party witnesses
  3. 3 Whether remarks made outside counsel’s presence can compromise the administration of justice

Ratio Decidendi

The Tribunal found the complainant's conduct was inappropriate and perceived as intimidating by the expert; to protect the integrity of the hearing and the willingness of expert witnesses to testify, the Tribunal ordered that the complainant is forbidden to approach or speak to the opposing party's expert witnesses unless the respondent's counsel are present.

Court Disposition

Interim prohibition order preventing the complainant from approaching opposing party expert witnesses without respondent counsel present.

Orders

  • Complainant Micheline Montreuil is forbidden to approach or speak to the opposing party's expert witnesses in these proceedings unless the respondent's counsel are present.
  • The prohibition also applies to other persons the respondent may later call as witnesses in relation to the hearing.