Warman v. Harrison

Warman v. Harrison

The Canadian Human Rights Tribunal does not have the statutory authority under ss.50(2) and 50(3) of the Canadian Human Rights Act to compel production of documents from third parties who are not witnesses; therefore the motion to order Mr. Marc Lemire to produce documents is dismissed.

Citation
2006 CHRT 19
Parties
Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Craig Harrison
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
5 April 2006
Procedural Posture
Canadian Human Rights Act Complaint (alleged S.13(1) Violation) / Ruling on Third Party Production Motion
Outcome
Motion denied
Legal Topics
Third Party Document Production, Tribunal Powers, Statutory Interpretation, Summons and Witness Evidence, Admissibility of Evidence
Source Language
English
Human Rights Administrative Law Evidence Third Party Document Production Tribunal Powers Statutory Interpretation Summons and Witness Evidence Admissibility of Evidence

Case Brief

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Parties

Richard Warman

Complainant

Canadian Human Rights Commission

Commission

Craig Harrison

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (alleged S.13(1) Violation) / Ruling on Third Party Production Motion

Legal Issues

  1. 1 Whether the Canadian Human Rights Tribunal has statutory authority under ss.50(2) and 50(3) of the Canadian Human Rights Act to order production of documents from non‑party, non‑witness third parties
  2. 2 Whether a decision of the British Columbia Human Rights Tribunal (Metcalfe) provides persuasive authority to order third‑party production under different statutory schemes
  3. 3 Whether Mr. Marc Lemire, not listed as a witness, can be compelled to produce documents

Ratio Decidendi

The Canadian Human Rights Tribunal does not have the statutory authority under ss.50(2) and 50(3) of the Canadian Human Rights Act to compel production of documents from third parties who are not witnesses; therefore the motion to order Mr. Marc Lemire to produce documents is dismissed.

Court Disposition

Motion denied

Orders

  • Motion to compel production from Marc Lemire dismissed
  • No order for production of documents by third parties who are not witnesses