Telecommunications Employees Association of Manitoba Inc. v. Manitoba Telecom Services

Telecommunications Employees Association of Manitoba Inc. v. Manitoba Telecom Services

Section 34 privileges employer‑provided information obtained by the Commission, but does not categorically prevent disclosure of a Commission‑prepared Interim Report; the document must be produced if arguably relevant with specific redactions of passages that contain privileged employer information under s.34.

Citation
2007 CHRT 28
Parties
Complainants: Telecommunications Employees Association of Manitoba Inc.; Barbara Custance; Carmen Giroux; Chuck Hando; Kathleen Mulligan; Janice Sirett; Commission: Canadian Human Rights Commission; Respondent: Manitoba Telecom Services
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 July 2007
Procedural Posture
Human Rights Complaint Employment Equity Review / Ruling on Production/disclosure Motion at Pre Hearing (discovery)
Outcome
Motion granted in part: Respondent ordered to produce the Interim Report with specified redactions.
Legal Topics
Privilege, Document Disclosure, Relevance, Redaction, Public Interest
Source Language
English
Employment Equity Human Rights Administrative Law Evidence Privacy/confidentiality Privilege Document Disclosure Relevance +2 more

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Parties

Telecommunications Employees Association of Manitoba Inc.; Barbara Custance; Carmen Giroux; Chuck Hando; Kathleen Mulligan; Janice Sirett

Complainants

Canadian Human Rights Commission

Commission

Manitoba Telecom Services

Respondent

Procedural Posture

Human Rights Complaint Employment Equity Review / Ruling on Production/disclosure Motion at Pre Hearing (discovery)

Legal Issues

  1. 1 Whether s.34 of the Employment Equity Act prohibits disclosure of the Commission's Interim Report in Appendix D
  2. 2 Whether the Interim Report is arguably relevant to the human rights complaint
  3. 3 Whether privilege under s.34 extends to Commission‑prepared documents or only to employer‑provided information obtained during audits

Ratio Decidendi

Section 34 privileges employer‑provided information obtained by the Commission, but does not categorically prevent disclosure of a Commission‑prepared Interim Report; the document must be produced if arguably relevant with specific redactions of passages that contain privileged employer information under s.34.

Court Disposition

Motion granted in part: Respondent ordered to produce the Interim Report with specified redactions.

Orders

  • Respondent to provide forthwith to the Complainants a copy of the Interim Report in Appendix D of the Employment Equity Compliance Review Report dated May 26, 2004, with the following privileged information blanked out: Page 3 - Section entitled II Audit Methodology and Status; Page 4 - The first line in the first...
  • Conditions contained in Chairperson Sinclair's Order of June 29, 2007, apply to this Order.