Desmarais v. Correctional Service of Canada

Desmarais v. Correctional Service of Canada

The Tribunal held that it has jurisdiction to inquire into the systemic discrimination allegations because the Commission specifically referred systemic issues and the complaint expressly alleged systemic discrimination; Moore does not bar a systemic inquiry where systemic allegations are properly pleaded and...

Source-derived case information.

Citation
2014 CHRT 5
Parties
Complainant: Roger Desmarais; Commission: Canadian Human Rights Commission; Respondent: Correctional Service of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 February 2014
Procedural Posture
Canadian Human Rights Act Complaint / Interim Ruling on Motion to Strike/limit Systemic Allegations
Outcome
Motion quashed; systemic allegations remain part of the inquiry; disclosure period set
Legal Topics
Systemic Discrimination, Scope of Inquiry, Disclosure Obligations, Remedies, Jurisdiction
Source Language
english
Human Rights Law Administrative Law Correctional Law Disability Law Systemic Discrimination Scope of Inquiry Disclosure Obligations Remedies +1 more

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Parties

Roger Desmarais

Complainant

Canadian Human Rights Commission

Commission

Correctional Service of Canada

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Interim Ruling on Motion to Strike/limit Systemic Allegations

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to inquire into systemic discrimination alleged in the complaint
  2. 2 Whether Moore v. British Columbia limits the Tribunal’s ability to hear systemic allegations or to order systemic remedies
  3. 3 Whether the scope of disclosure and the hearing should be limited to the Complainant’s periods of incarceration

Ratio Decidendi

The Tribunal held that it has jurisdiction to inquire into the systemic discrimination allegations because the Commission specifically referred systemic issues and the complaint expressly alleged systemic discrimination; Moore does not bar a systemic inquiry where systemic allegations are properly pleaded and referred; therefore the Respondent’s motion to quash the systemic aspects is dismissed and disclosure is ordered for the period from November 2001 (date of Mr. Bigras' testimony) to the date of the decision (February 25, 2014).

Court Disposition

Motion quashed; systemic allegations remain part of the inquiry; disclosure period set

Orders

  • Motion by Correctional Service of Canada to quash or limit systemic aspects is dismissed
  • Disclosure period defined: start November 2001 (date of Mr. Bigras testimony) and end February 25, 2014 (date of this decision)