Arcand v. Correctional Service Canada

Arcand v. Correctional Service Canada

Because the Complainant failed to communicate with the Tribunal for over 17 months, failed to file the required Statement of Particulars, and did not update contact information despite repeated notices and reminders, the Tribunal properly concluded the complaint was abandoned and dismissed it.

Citation
2024 CHRT 20
Parties
Complainant: Michelle Arcand; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 April 2024
Procedural Posture
Human Rights Complaint Disability Discrimination / Decision Dismissed as Abandoned
Outcome
Complaint dismissed as abandoned and Tribunal file closed.
Legal Topics
Abandonment, Dismissal for Lack of Prosecution, Access to Medical Treatment, Tribunal Procedure
Source Language
English
Human Rights Administrative Law Prisoner Rights Disability Law Abandonment Dismissal for Lack of Prosecution Access to Medical Treatment Tribunal Procedure

Case Brief

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Parties

Michelle Arcand

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint Disability Discrimination / Decision Dismissed as Abandoned

Legal Issues

  1. 1 Whether the complaint should be dismissed for abandonment due to the complainant's prolonged lack of communication
  2. 2 Whether the Tribunal reasonably exercised its authority to close the file after providing notice and opportunities to update contact information

Ratio Decidendi

Because the Complainant failed to communicate with the Tribunal for over 17 months, failed to file the required Statement of Particulars, and did not update contact information despite repeated notices and reminders, the Tribunal properly concluded the complaint was abandoned and dismissed it.

Court Disposition

Complaint dismissed as abandoned and Tribunal file closed.

Orders

  • Complaint dismissed as abandoned.
  • Tribunal file closed and Registry to advise the parties accordingly.