Canadian Association of Elizabeth Fry Societies v. Correctional Services of Canada

Canadian Association of Elizabeth Fry Societies v. Correctional Services of Canada

The Tribunal concluded that the requested SIU materials are arguably relevant but that full production of individualized institutional files for every federally sentenced woman in SIUs would be disproportionate and raise unacceptable privacy, safety and security risks; accordingly the motion is granted in part — CSC...

Source-derived case information.

Citation
2023 CHRT 39
Parties
Complainant: Canadian Association of Elizabeth Fry Societies; Commission: Canadian Human Rights Commission; Respondent: Correctional Services of Canada; Interested Party: Native Women’s Association of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 September 2023
Procedural Posture
Human Rights Systemic Complaint (federally Sentenced Women) / Ruling on Disclosure Motion and Case Management Orders
Outcome
Motion granted in part; partial disclosure ordered with safeguards and further Tribunal review
Legal Topics
Systemic Discrimination, Structured Intervention Units (sius) and Segregation, Disclosure and Document Production, Privacy and Confidentiality of Offender Records, Indigenous Rights and Intersectionality, Mental Health Accommodations in Custody
Source Language
english
Human Rights Corrections Law Administrative Law Privacy Law Systemic Discrimination Structured Intervention Units (sius) and Segregation Disclosure and Document Production Privacy and Confidentiality of Offender Records +2 more

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Parties

Canadian Association of Elizabeth Fry Societies

Complainant

Canadian Human Rights Commission

Commission

Correctional Services of Canada

Respondent

Native Women’s Association of Canada

Interested Party

Procedural Posture

Human Rights Systemic Complaint (federally Sentenced Women) / Ruling on Disclosure Motion and Case Management Orders

Legal Issues

  1. 1 Whether SIU-related documents and updated policy materials are arguably relevant to systemic discrimination complaints
  2. 2 Whether the scope and volume of requested disclosure is proportionate and manageable
  3. 3 How to balance disclosure needs against privacy, safety and security interests of federally sentenced women

Ratio Decidendi

The Tribunal concluded that the requested SIU materials are arguably relevant but that full production of individualized institutional files for every federally sentenced woman in SIUs would be disproportionate and raise unacceptable privacy, safety and security risks; accordingly the motion is granted in part — CSC must produce specified aggregate statistical data, ten unredacted IEDM decisions, ten unredacted CCRA-report records, and current policies by specified deadlines, subject to confidentiality and a Tribunal review of a sample and party proposals before any further disclosure is ordered.

Court Disposition

Motion granted in part; partial disclosure ordered with safeguards and further Tribunal review

Orders

  • CSC will produce aggregate statistical data about SIUs at women’s institutions as set out in Appendix 1 of CSC’s sur-reply by October 20, 2023
  • CSC will produce ten unredacted Independent External Decision Maker (IEDM) decisions regarding SIUs at women’s institutions to counsel for the Commission and the CAEFS and to the Tribunal by October 20, 2023, after the parties confer on sample selection