Richards v. Correctional Service Canada
The Tribunal requires more detailed will-say statements for the two objected-to witnesses (Ferrier and Williams) identifying specific events, names, locations and timeframes and requires the Commission to disclose any additional lines of questioning it intends to pursue; failure to comply may preclude examination at the hearing.
- Citation
- 2025 CHRT 8
- Parties
- Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
- Court
- Canadian Human Rights Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 31 January 2025
- Procedural Posture
- Canadian Human Rights Tribunal Proceeding (human Rights Complaints Consolidated) / Pre Hearing Directions / Witness Disclosure Ruling (case Management)
- Outcome
- Tribunal denies CSC's request to exclude the two witnesses but grants CSC's objection as to sufficiency of particulars; directs complainant and Commission to file detailed summaries by deadline and warns of exclusion for non-compliance.
- Legal Topics
- Witness Disclosure, Systemic Discrimination, Racial Discrimination, Religion, Retaliation, Sexual Harassment, Procedural Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ryan Richards
Complainant
Canadian Human Rights Commission
Commission
Correctional Service Canada
Respondent
Procedural Posture
Canadian Human Rights Tribunal Proceeding (human Rights Complaints Consolidated) / Pre Hearing Directions / Witness Disclosure Ruling (case Management)
Legal Issues
- 1 Sufficiency of will-say witness summaries under Rule 18
- 2 Particularity required for evidence of systemic discrimination
- 3 Temporal and institutional scope of admissible incidents (10-year relevance issue)
Ratio Decidendi
The Tribunal requires more detailed will-say statements for the two objected-to witnesses (Ferrier and Williams) identifying specific events, names, locations and timeframes and requires the Commission to disclose any additional lines of questioning it intends to pursue; failure to comply may preclude examination at the hearing.
Court Disposition
Tribunal denies CSC's request to exclude the two witnesses but grants CSC's objection as to sufficiency of particulars; directs complainant and Commission to file detailed summaries by deadline and warns of exclusion for non-compliance.
Orders
- By February 28, 2025, complainant to file detailed witness statements (will-says) for Redford Ferrier and Nathaniel Williams specifying events, names, locations, timeframes and material facts.
- By February 28, 2025, the Commission to provide a summary of any evidence it intends to elicit from Ferrier and Williams not already included in the complainant's will-says.
Full Case Text
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