Montreuil v. Canadian Forces

Montreuil v. Canadian Forces

The Tribunal dismissed the Commission's motion, holding that expert witnesses are generally permitted to be present during hearings and that co-signing a joint report does not create the exceptional circumstances required to exclude experts; any prejudice can be remedied by credibility findings.

Source-derived case information.

Citation
2006 CHRT 56
Parties
Complainant: Micheline Montreuil; Commission: Canadian Human Rights Commission; Respondent: Canadian Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
2 November 2006
Procedural Posture
Human Rights Complaint / Ruling on Motion to Exclude Expert Witnesses
Outcome
Motion dismissed
Legal Topics
Expert Witness Exclusion, Witness Sequestration, Prejudice in Cross Examination, Credibility Findings
Source Language
english
Human Rights Administrative Law Evidence Expert Witness Exclusion Witness Sequestration Prejudice in Cross Examination Credibility Findings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Micheline Montreuil

Complainant

Canadian Human Rights Commission

Commission

Canadian Forces

Respondent

Procedural Posture

Human Rights Complaint / Ruling on Motion to Exclude Expert Witnesses

Legal Issues

  1. 1 Whether respondent's expert witnesses should be excluded from the hearing during testimony of other experts and the Commission's expert
  2. 2 Whether co-signing a joint expert report creates exceptional circumstances justifying exclusion of expert witnesses

Ratio Decidendi

The Tribunal dismissed the Commission's motion, holding that expert witnesses are generally permitted to be present during hearings and that co-signing a joint report does not create the exceptional circumstances required to exclude experts; any prejudice can be remedied by credibility findings.

Court Disposition

Motion dismissed

Orders

  • The respondent's expert witnesses may be present during all testimony by the complainant and the Commission's expert and during the testimony of their expert colleagues when called.
  • The Commission's expert may be present during the testimony of the complainant and during the testimony of the respondent's expert witnesses.