Richards vs Correctional Service Canada

Richards vs Correctional Service Canada

The Tribunal excluded the two late-added witnesses because their will-say statements were general and did not show sufficient connection to the complainant's specific allegations; the marginal probative value of their broad, late-proposed evidence was outweighed by foreseeable prejudice to the respondent and the fairness and efficient management of the proceedings, and systemic allegations do not relieve parties of particularization obligations or permit unfettered expansion of scope.

Citation
2025 CHRT 57
Parties
Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 May 2025
Procedural Posture
Canadian Human Rights Tribunal Ruling on Admissibility of Evidence / Motion to Exclude Late Added Witnesses (pre Hearing Evidentiary Ruling)
Outcome
Respondent's request to exclude the witnesses is allowed; the Tribunal will not hear evidence from Renford Farrier or Nathanael Williams.
Legal Topics
Systemic Discrimination, Admissibility of Evidence, Procedural Fairness, Witness Exclusion, Disclosure and Will Say Requirements, Hearing Management, Race Discrimination, Religion, Retaliation, Sex, Disability, Colour
Source Language
English
Human Rights Administrative Law Evidence Corrections Law Tribunal Procedure Systemic Discrimination Admissibility of Evidence Procedural Fairness +9 more

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Parties

Ryan Richards

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Ruling on Admissibility of Evidence / Motion to Exclude Late Added Witnesses (pre Hearing Evidentiary Ruling)

Legal Issues

  1. 1 Whether two witnesses added after complainant testimony should be admitted
  2. 2 Whether the probative value of the proposed evidence outweighs prejudice to respondent and proceedings
  3. 3 Whether systemic discrimination allegations justify broad, late witness additions

Ratio Decidendi

The Tribunal excluded the two late-added witnesses because their will-say statements were general and did not show sufficient connection to the complainant's specific allegations; the marginal probative value of their broad, late-proposed evidence was outweighed by foreseeable prejudice to the respondent and the fairness and efficient management of the proceedings, and systemic allegations do not relieve parties of particularization obligations or permit unfettered expansion of scope.

Court Disposition

Respondent's request to exclude the witnesses is allowed; the Tribunal will not hear evidence from Renford Farrier or Nathanael Williams.

Orders

  • Evidence from Renford Farrier and Nathanael Williams excluded; parties must remove them from witness lists
  • Parties must adjust and resubmit the provisional witness schedule by June 2, 2025