Richards vs Correctional Service Canada

Richards vs Correctional Service Canada

The Tribunal found that Mr. Richards breached the implied undertaking rule by sharing a disclosed, non‑evidentiary document (Exhibit R‑503) that was not in the public domain; because the breach risks irreversible dissemination and raises privacy and safety concerns, the Tribunal allowed CSC’s motion, imposed compliance and remediation orders on Mr. Richards and third parties, and sealed reproductions of R‑503 in the motion appendix under s.52 to prevent further prejudice and protect the administration of justice.

Citation
2025 CHRT 61
Parties
Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
18 June 2025
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Motion (interim Confidentiality & Implied Undertaking Breach)
Outcome
Motion allowed; breach of implied undertaking found; orders made to remediate breach and seal reproductions of Exhibit R‑503.
Legal Topics
Implied Undertaking of Confidentiality, Confidentiality Orders, Disclosure Obligations, Abuse of Process, Sealing Exhibits
Source Language
English
Human Rights Privacy Evidence Administrative Law Implied Undertaking of Confidentiality Confidentiality Orders Disclosure Obligations Abuse of Process +1 more

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Parties

Ryan Richards

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Motion (interim Confidentiality & Implied Undertaking Breach)

Legal Issues

  1. 1 Did the Complainant breach the implied undertaking rule by sharing pre‑hearing disclosure?
  2. 2 Are orders necessary to limit prejudice and prevent further breaches?
  3. 3 Should reproductions of the Proposed Exhibit be sealed under ss.52(1) and 52(2) of the Canadian Human Rights Act?

Ratio Decidendi

The Tribunal found that Mr. Richards breached the implied undertaking rule by sharing a disclosed, non‑evidentiary document (Exhibit R‑503) that was not in the public domain; because the breach risks irreversible dissemination and raises privacy and safety concerns, the Tribunal allowed CSC’s motion, imposed compliance and remediation orders on Mr. Richards and third parties, and sealed reproductions of R‑503 in the motion appendix under s.52 to prevent further prejudice and protect the administration of justice.

Court Disposition

Motion allowed; breach of implied undertaking found; orders made to remediate breach and seal reproductions of Exhibit R‑503.

Orders

  • By June 23, 2025 Mr. Richards must inform Respondent and Tribunal of any material covered by the implied undertaking disclosed to anyone or published (including recipient names and platforms/accounts).
  • By June 23, 2025 Mr. Richards must remove any material covered by the implied undertaking from websites and social media, retrieve and destroy all copies (including electronic), and obtain undertakings from recipients to return and destroy all copies.