Dinardo v. Correctional Services Canada

Dinardo v. Correctional Services Canada

The Tribunal granted the motion in part: relevant disclosure should be ordered but constrained by proportionality and existence of records; where CSC does not track data or where underlying records are voluminous and sensitive, the Tribunal required CSC to provide compiled statistics for specified years and regions or produce targeted documents, and denied requests requiring creation of non-existent records or disproportionate production with limited probative value.

Citation
2023 CHRT 34
Parties
Complainant: Nicholas Dinardo; Commission: Canadian Human Rights Commission; Respondent: Correctional Services Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
22 August 2023
Procedural Posture
Canadian Human Rights Complaint (disclosure Motion) / Pre Hearing Disclosure Motion Ruling
Outcome
Motion allowed in part; disclosure ordered with limits and deadlines; some requests denied.
Legal Topics
Disclosure, Use of Force, Discrimination, Gender Identity, Indigenous Rights, Proportionality
Source Language
English
Human Rights Administrative Law Corrections Law Privacy Disclosure Use of Force Discrimination Gender Identity +2 more

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Parties

Nicholas Dinardo

Complainant

Canadian Human Rights Commission

Commission

Correctional Services Canada

Respondent

Procedural Posture

Canadian Human Rights Complaint (disclosure Motion) / Pre Hearing Disclosure Motion Ruling

Legal Issues

  1. 1 Scope and relevancy of disclosure requests
  2. 2 Whether statistics may be produced instead of voluminous source documents
  3. 3 Proportionality of disclosure burdens vs probative value

Ratio Decidendi

The Tribunal granted the motion in part: relevant disclosure should be ordered but constrained by proportionality and existence of records; where CSC does not track data or where underlying records are voluminous and sensitive, the Tribunal required CSC to provide compiled statistics for specified years and regions or produce targeted documents, and denied requests requiring creation of non-existent records or disproportionate production with limited probative value.

Court Disposition

Motion allowed in part; disclosure ordered with limits and deadlines; some requests denied.

Orders

  • Produce documents listed in Schedule B by September 30, 2023
  • Produce compiled statistics for A1 (Indigenous representation) for years 2021–2022 and 2022–2023 by October 27, 2023