Towedo v. Correctional Service Canada

Towedo v. Correctional Service Canada

The Tribunal dismissed the complaint because it made repeated reasonable efforts to contact the complainant and both the Commission and CSC could not locate her; absent any contact or indication that she wished to proceed, the complaint was deemed abandoned and dismissed.

Citation
2024 CHRT 6
Parties
Complainant: Samantha Towedo; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 February 2024
Procedural Posture
Human Rights Complaint / Dismissal for Abandonment; File Closed
Outcome
Complaint dismissed as abandoned; Tribunal file closed.
Legal Topics
Disability Discrimination, Race Discrimination, Abandonment of Complaint, Procedural Dismissal, Mediation
Source Language
English
Human Rights Administrative Law Disability Discrimination Race Discrimination Abandonment of Complaint Procedural Dismissal Mediation

Case Brief

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Parties

Samantha Towedo

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint / Dismissal for Abandonment; File Closed

Legal Issues

  1. 1 Whether the Tribunal may dismiss a complaint for abandonment where the complainant is unreachable
  2. 2 Whether the complainant bears responsibility to advance the complaint and maintain contact information
  3. 3 Whether the respondent's request to dismiss for delay is justified given inability to contact the complainant

Ratio Decidendi

The Tribunal dismissed the complaint because it made repeated reasonable efforts to contact the complainant and both the Commission and CSC could not locate her; absent any contact or indication that she wished to proceed, the complaint was deemed abandoned and dismissed.

Court Disposition

Complaint dismissed as abandoned; Tribunal file closed.

Orders

  • The complaint is dismissed as abandoned.
  • The Tribunal's file will be closed.