Kirlew v. Correctional Service Canada

Kirlew v. Correctional Service Canada

The Tribunal is limited to the harassment claim referred by the Commission and therefore job-discrimination claims and allegations of individual liability are out of scope; reinstatement cannot be ordered because termination is not before the Tribunal; however lost wages and interest are not categorically barred and may be claimed if tied to the harassment claim; out-of-scope particulars must be struck while allowing amendment to support the harassment claim against CSC.

Citation
2025 CHRT 16
Parties
Complainant: Lloyd Kirlew; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 March 2025
Procedural Posture
Human Rights Complaint / Motion to Strike Preliminary Ruling
Outcome
Motion allowed in part: job discrimination claim, individual harassment claim against employees, and reinstatement remedy declared out of scope; lost wages and interest preserved as possible remedies tied to harassment; particulars to be struck/amended as directed.
Legal Topics
Harassment, Employment Discrimination, Reinstatement, Lost Wages, Scope and Jurisdiction, Procedural Screening
Source Language
English
Human Rights Employment Administrative Law Harassment Employment Discrimination Reinstatement Lost Wages Scope and Jurisdiction +1 more

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Parties

Lloyd Kirlew

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint / Motion to Strike Preliminary Ruling

Legal Issues

  1. 1 Whether job discrimination and individual harassment claims fall within the complaint's scope
  2. 2 Whether remedies (reinstatement, lost wages, interest) should be limited given the screening decision
  3. 3 Whether out-of-scope allegations must be struck and whether particulars may be amended

Ratio Decidendi

The Tribunal is limited to the harassment claim referred by the Commission and therefore job-discrimination claims and allegations of individual liability are out of scope; reinstatement cannot be ordered because termination is not before the Tribunal; however lost wages and interest are not categorically barred and may be claimed if tied to the harassment claim; out-of-scope particulars must be struck while allowing amendment to support the harassment claim against CSC.

Court Disposition

Motion allowed in part: job discrimination claim, individual harassment claim against employees, and reinstatement remedy declared out of scope; lost wages and interest preserved as possible remedies tied to harassment; particulars to be struck/amended as directed.

Orders

  • Allow motion in part
  • Declare job discrimination claims and individual harassment claims out of scope