Richards v. Correctional Service Canada

Richards v. Correctional Service Canada

The Tribunal will not delay the hearing until expert reports are filed; it will proceed with a phased approach starting with the complainant's in‑person evidence in April 2024 to avoid staleness and to promote proportionality and efficiency, while allowing the Commission to file its expert by Jan 31, 2024 and permitting the CSC to file a reply expert deadline to be set after review; the CSC must substantially refine its witness list following the complainant's evidence.

Citation
2023 CHRT 51
Parties
Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
6 November 2023
Procedural Posture
Canadian Human Rights Tribunal Proceeding / Case Management/pre Hearing Ruling; Hearing to Commence
Outcome
Ruling granting case management directions: phased hearing to start with complainant evidence in April 2024; Commission expert due Jan 31, 2024; CSC may file reply expert after review; directions to reduce and refine witness lists and further case management conference to set timelines.
Legal Topics
Discrimination, Harassment, Use of Force, Segregation, Religious Accommodation, Retaliation, Expert Evidence, Case Management, Proportionality
Source Language
English
Human Rights Administrative Law Corrections Law Discrimination Harassment Use of Force Segregation Religious Accommodation +4 more

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Parties

Ryan Richards

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Proceeding / Case Management/pre Hearing Ruling; Hearing to Commence

Legal Issues

  1. 1 Whether the hearing should be delayed pending filing of expert reports
  2. 2 Whether the Tribunal should proceed with phased hearing starting with complainant evidence
  3. 3 Allegations of discrimination on grounds of race, religion, sex, colour and disability

Ratio Decidendi

The Tribunal will not delay the hearing until expert reports are filed; it will proceed with a phased approach starting with the complainant's in‑person evidence in April 2024 to avoid staleness and to promote proportionality and efficiency, while allowing the Commission to file its expert by Jan 31, 2024 and permitting the CSC to file a reply expert deadline to be set after review; the CSC must substantially refine its witness list following the complainant's evidence.

Court Disposition

Ruling granting case management directions: phased hearing to start with complainant evidence in April 2024; Commission expert due Jan 31, 2024; CSC may file reply expert after review; directions to reduce and refine witness lists and further case management conference to set timelines.

Orders

  • Hearing to begin in April 2024; start with Ryan Richards' evidence in person over approximately four days at his institution; dates to be confirmed by the Registry once facility availability is confirmed.
  • Commission's expert report to be filed no later than January 31, 2024.