Richards v. Correctional Service Canada

Richards v. Correctional Service Canada

Motion dismissed: on the pleadings and referral the impugned SOP portions and the proposed expert evidence have a sufficient nexus to the complaints; the Tribunal will not strike systemic, racial, security-classification or remedy allegations nor preclude the expert at this preliminary stage because the 'clearest of cases' threshold is not met and issues are factually and legally interconnected requiring a full hearing.

Citation
2020 CHRT 27
Parties
Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
14 August 2020
Procedural Posture
Human Rights Inquiry / Interim Motion to Strike (case Management)
Outcome
CSC's motion dismissed in whole
Legal Topics
Discrimination, Systemic Discrimination, Security Classification, Segregation, Expert Evidence, Procedural Fairness, Scope of Inquiry, Remedies, Intersectionality
Source Language
English
Human Rights Administrative Law Corrections Evidence Discrimination Systemic Discrimination Security Classification Segregation +5 more

Case Brief

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Parties

Ryan Richards

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Inquiry / Interim Motion to Strike (case Management)

Legal Issues

  1. 1 Whether impugned portions of Statements of Particulars exceed the scope of the complaints and should be struck
  2. 2 Whether proposed expert evidence (Dr. Akwasi Owusu-Bempah) is beyond scope and should be excluded
  3. 3 Whether proportionality and procedural fairness require limiting the Tribunal's inquiry at a preliminary stage

Ratio Decidendi

Motion dismissed: on the pleadings and referral the impugned SOP portions and the proposed expert evidence have a sufficient nexus to the complaints; the Tribunal will not strike systemic, racial, security-classification or remedy allegations nor preclude the expert at this preliminary stage because the 'clearest of cases' threshold is not met and issues are factually and legally interconnected requiring a full hearing.

Court Disposition

CSC's motion dismissed in whole

Orders

  • CSC's motion to strike the identified portions of the Statements of Particulars is dismissed
  • The impugned portions of the Complainant's SOP, the Complainant's Amended SOP and the Commission's Amended SOP remain; no preliminary striking granted