Pruden v. Health Canada and Indigenous and Northern Affairs Canada

Pruden v. Health Canada and Indigenous and Northern Affairs Canada

The Tribunal lifted the indeterminate adjournment because the Research Project Final Report had been delivered and the parties' agreed six-month waiting period had expired; given the age of the file and statutory requirement for expeditious proceedings, the Tribunal ordered resumption of case management, permitted amended SOPs, and imposed specific deadlines and reporting obligations to focus the issues and advance the matter toward hearing.

Citation
2022 CHRT 24
Parties
Complainant: Harriet Pruden (Sumner-Pruden); Commission: Canadian Human Rights Commission; Respondent: Health Canada; Respondent: Indigenous and Northern Affairs Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 August 2022
Procedural Posture
Canadian Human Rights Tribunal Ruling / Case Management Following Adjournment; Pre Hearing Directions
Outcome
Adjournment lifted; case management resumed; amended Statements of Particulars permitted and deadlines imposed
Legal Topics
Systemic Discrimination, Jordan's Principle, Adjournment and Case Management, Document Disclosure, Timelines for Pleadings
Source Language
English
Human Rights Administrative Law Indigenous Law Health Law Education Law Systemic Discrimination Jordan's Principle Adjournment and Case Management +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Harriet Pruden (Sumner-Pruden)

Complainant

Canadian Human Rights Commission

Commission

Health Canada

Respondent

Indigenous and Northern Affairs Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Ruling / Case Management Following Adjournment; Pre Hearing Directions

Legal Issues

  1. 1 Whether respondents failed to provide essential education and health services to a First Nations child on reserve
  2. 2 Whether respondents' funding and delivery practices amount to systemic discrimination against First Nations children with disabilities
  3. 3 Whether the Tribunal should lift an indefinite adjournment previously granted and resume case management

Ratio Decidendi

The Tribunal lifted the indeterminate adjournment because the Research Project Final Report had been delivered and the parties' agreed six-month waiting period had expired; given the age of the file and statutory requirement for expeditious proceedings, the Tribunal ordered resumption of case management, permitted amended SOPs, and imposed specific deadlines and reporting obligations to focus the issues and advance the matter toward hearing.

Court Disposition

Adjournment lifted; case management resumed; amended Statements of Particulars permitted and deadlines imposed

Orders

  • Complainant to file and deliver Amended Statement of Particulars by December 9, 2022
  • Commission to file and deliver Amended Statement of Particulars by January 13, 2023