Pelletier et al. v. Correctional Service of Canada

Pelletier et al. v. Correctional Service of Canada

Requests for demographic lists of Elders/priests and other religious leaders were characterized as discovery requests (and in part already answered), and therefore not compelled as disclosure; however, the Respondent is ordered to disclose any documents, electronic or otherwise, related to restrictions on the use of...

Source-derived case information.

Citation
2013 CHRT 26
Parties
Complainant: Lawrence Pelletier et al.; Commission: Canadian Human Rights Commission; Respondent: Correctional Service of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 October 2013
Procedural Posture
Canadian Human Rights Act Proceeding / Ruling on Disclosure Motion
Outcome
Partial grant of motion: disclosure ordered for documents on restrictions of pipes and smudging; other requested items found to be discovery or already provided and not ordered
Legal Topics
Disclosure, Relevancy, Accommodation of Aboriginal Spiritual Practices, Restrictions on Smudging and Pipe Use
Source Language
english
Human Rights Administrative Law Correctional Law Religious Accommodation Disclosure Relevancy Accommodation of Aboriginal Spiritual Practices Restrictions on Smudging and Pipe Use

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Summary, issues, holding and outcome

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Parties

Lawrence Pelletier et al.

Complainant

Canadian Human Rights Commission

Commission

Correctional Service of Canada

Respondent

Procedural Posture

Canadian Human Rights Act Proceeding / Ruling on Disclosure Motion

Legal Issues

  1. 1 Whether requested documents are relevant and must be disclosed to the Commission and Complainants
  2. 2 Whether the Commission's requests constitute disclosure or impermissible discovery
  3. 3 Whether documents relating to restrictions on the use of pipes and smudging within CSC facilities must be produced

Ratio Decidendi

Requests for demographic lists of Elders/priests and other religious leaders were characterized as discovery requests (and in part already answered), and therefore not compelled as disclosure; however, the Respondent is ordered to disclose any documents, electronic or otherwise, related to restrictions on the use of pipes and smudging within CSC facilities, including smudging in cells.

Court Disposition

Partial grant of motion: disclosure ordered for documents on restrictions of pipes and smudging; other requested items found to be discovery or already provided and not ordered

Orders

  • Respondent must disclose to the Commission and to the Complainants any document, electronic or otherwise, related to the restriction of the use of pipes and smudging within CSC’s facilities, including smudging in cells.
  • No order compelling additional disclosure in respect of items 11.b and 11.d; those requests were characterized as discovery and the Respondent has provided the relevant information already.