beachesboy@aol.com v. Heather Fleming and Ronald Fleming

beachesboy@aol.com v. Heather Fleming and Ronald Fleming

The Tribunal allowed the substitution and addition of Heather and Ronald Fleming as respondents because the Commission had identified and dealt with them as the individuals linked to the Drumsaremybeat AOL account well before referral, both had opportunity to and did present defences to the Commission (minimizing prejudice), and naming natural persons was necessary to have an effective respondent to adjudicate and enforce any order; the Tribunal also ordered continued withholding of the Complainant’s identity until the hearing because of violent language in the alleged postings, the Complainant’s safety concerns, and the lack of opposition to the motion, subject to reassessment by the...

Citation
2007 CHRT 52
Parties
Complainant: beachesboy@aol.com; Commission: Canadian Human Rights Commission; Respondent: Heather Fleming; Respondent: Ronald Fleming
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 November 2007
Procedural Posture
Human Rights Complaint (s.13 Chra) / Interim Pre Hearing Motions
Outcome
Commission's motion to substitute Drumsaremybeat with Heather Fleming and Ronald Fleming granted; Commission's motion to maintain complainant anonymity granted until hearing
Legal Topics
S.13 Hate Messages, Amendment of Style of Cause, Addition of Parties, Anonymity of Complainant, Procedural Fairness
Source Language
English
Human Rights Law Administrative Law Privacy S.13 Hate Messages Amendment of Style of Cause Addition of Parties Anonymity of Complainant Procedural Fairness

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Parties

beachesboy@aol.com

Complainant

Canadian Human Rights Commission

Commission

Heather Fleming

Respondent

Ronald Fleming

Respondent

Procedural Posture

Human Rights Complaint (s.13 Chra) / Interim Pre Hearing Motions

Legal Issues

  1. 1 Whether the Tribunal should amend the style of cause to substitute the pseudonymous respondent with named individuals
  2. 2 Whether the Complainant’s identity should continue to be withheld from the public and the respondents

Ratio Decidendi

The Tribunal allowed the substitution and addition of Heather and Ronald Fleming as respondents because the Commission had identified and dealt with them as the individuals linked to the Drumsaremybeat AOL account well before referral, both had opportunity to and did present defences to the Commission (minimizing prejudice), and naming natural persons was necessary to have an effective respondent to adjudicate and enforce any order; the Tribunal also ordered continued withholding of the Complainant’s identity until the hearing because of violent language in the alleged postings, the Complainant’s safety concerns, and the lack of opposition to the motion, subject to reassessment by the...

Court Disposition

Commission's motion to substitute Drumsaremybeat with Heather Fleming and Ronald Fleming granted; Commission's motion to maintain complainant anonymity granted until hearing

Orders

  • Ronald Fleming and Heather Fleming are added as respondents and they replace Drumsaremybeat in the style of cause
  • The style of cause shall be amended to show Heather Fleming and Ronald Fleming as the sole respondents