Constantinescu v. Correctional Service Canada

Constantinescu v. Correctional Service Canada

The Tribunal exercised its discretion over procedure and evidence: the disclosure stage requires only documents of arguable relevance and does not require authentication or details about how documents were created; challenges to reliability, authenticity and witness credibility belong at the hearing where the statement can be introduced and the witness (Durdu) can be examined and cross-examined. Therefore requests for creation date, place, conditions and identities present (requests 1-3) are premature and dismissed. The respondent must, however, disclose any existing documents or statements in its possession related to the undated unsigned statement (including recordings) but no further...

Citation
2018 CHRT 8
Parties
Complainant: Cecilia Constantinescu; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 March 2018
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Interim Motion for Production/disclosure
Outcome
Complainant's motion dismissed in part; requests for metadata about the statement denied; respondent required to disclose any existing related documents in its possession but no further order issued given respondent's agreement to search.
Legal Topics
Disclosure, Admissibility of Evidence, Procedural Fairness, Witness Credibility, Access to Information
Source Language
English
Human Rights Administrative Law Evidence Disclosure Admissibility of Evidence Procedural Fairness Witness Credibility Access to Information

Case Brief

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Parties

Cecilia Constantinescu

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Interim Motion for Production/disclosure

Legal Issues

  1. 1 Whether the Tribunal should order production of the creation date of an undated written statement
  2. 2 Whether the Tribunal should order production of the place, conditions of creation and identities present at creation of the statement
  3. 3 Whether the Tribunal should order production of written notes or a certified transcript of an audio recording that led to the written statement

Ratio Decidendi

The Tribunal exercised its discretion over procedure and evidence: the disclosure stage requires only documents of arguable relevance and does not require authentication or details about how documents were created; challenges to reliability, authenticity and witness credibility belong at the hearing where the statement can be introduced and the witness (Durdu) can be examined and cross-examined. Therefore requests for creation date, place, conditions and identities present (requests 1-3) are premature and dismissed. The respondent must, however, disclose any existing documents or statements in its possession related to the undated unsigned statement (including recordings) but no further...

Court Disposition

Complainant's motion dismissed in part; requests for metadata about the statement denied; respondent required to disclose any existing related documents in its possession but no further order issued given respondent's agreement to search.

Orders

  • Complainant's motion dismissed.
  • Requests 1-3 (creation date, place/conditions of creation and identities present) are dismissed as premature.