MacEachern v. Correctional Service Canada

MacEachern v. Correctional Service Canada

Because the Complainant put her health and fitness for employment at issue, medical and disability records from 2006 through the present are arguably relevant to both liability and remedies; therefore disclosure of four specified categories was ordered subject to protective measures (limited disclosure to Respondent's counsel, use limited to the inquiry, and redaction of unrelated medical information). The Complainant's request to amend her remedies was granted.

Citation
2014 CHRT 31
Parties
Complainant: Shelley Annette MacEachern; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 October 2014
Procedural Posture
Human Rights Complaint Employment Discrimination (disability) / Ruling on Disclosure Motion and Amendment of Remedies (preliminary)
Outcome
Disclosure motion granted in part; Complainant's amendment of remedies granted.
Legal Topics
Disability Discrimination, Medical Disclosure, Accommodation, Remedies Amendment, Privacy of Medical Records
Source Language
English
Human Rights Employment Law Administrative Law Privacy Law Disability Discrimination Medical Disclosure Accommodation Remedies Amendment +1 more

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Parties

Shelley Annette MacEachern

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint Employment Discrimination (disability) / Ruling on Disclosure Motion and Amendment of Remedies (preliminary)

Legal Issues

  1. 1 Whether historical medical records (2006–2010) relating to the Complainant's diabetes are relevant and disclosable
  2. 2 Whether post-decision medical records (April 2010–present) are relevant to ongoing fitness, remedies and loss claims
  3. 3 Whether the Complainant's disability claim file and associated treatment records are relevant

Ratio Decidendi

Because the Complainant put her health and fitness for employment at issue, medical and disability records from 2006 through the present are arguably relevant to both liability and remedies; therefore disclosure of four specified categories was ordered subject to protective measures (limited disclosure to Respondent's counsel, use limited to the inquiry, and redaction of unrelated medical information). The Complainant's request to amend her remedies was granted.

Court Disposition

Disclosure motion granted in part; Complainant's amendment of remedies granted.

Orders

  • Respondent's motion for production is granted for four categories: (1) medical records re management, supervision or treatment of the Complainant's diabetes from 2006 to April 2010; (2) medical records relating to diabetes and any records related to damages claims from April 2010 to present; (3) Complainant's...
  • All disclosed documents shall be provided to counsel for the Respondent only and not to any other individuals without prior Tribunal permission and notice to the Complainant