Liu (on behalf of IPCO) v. Public Safety Canada

Liu (on behalf of IPCO) v. Public Safety Canada

The Tribunal limited the complaint's temporal scope to Jan 1, 2014–Nov 7, 2024 and ordered IPCO to remove open‑ended/vague language from its amended SOP; denied IPCO leave to call more than five experts under s.7 CEA because proposed additional experts would be duplicative and disproportionate; ordered IPCO to provide specified additional particulars and documents (narrowed and limited to the 2014–Nov 7, 2024 period and excluding material already in PSC's possession); held issue estoppel and abuse of process inapplicable though prior findings may be persuasive; and denied bifurcation because liability and remedy issues are intertwined and bifurcation would likely be inefficient.

Citation
2025 CHRT 90
Parties
Complainant: Kai Liu (on behalf of Indigenous Police Chiefs of Ontario); Commission: Canadian Human Rights Commission; Respondent: Public Safety Canada; Intervenor: First Nations Chief of Police Association; Intervenor: Assembly of First Nations
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 September 2025
Procedural Posture
Canadian Human Rights Tribunal Inquiry Under the CHRA / Preliminary Motions Ruling (pre Hearing Case Management)
Outcome
PSC’s motions to limit scope and for particulars granted in part; IPCO’s motions denied in full (leave for >5 experts; estoppel/abuse; bifurcation).
Legal Topics
Discrimination in Provision of Services, Systemic Underfunding, Scope of Proceedings, Expert Evidence Limits, Disclosure and Particulars, Issue Estoppel and Abuse of Process, Bifurcation of Liability and Remedy, Remedies
Source Language
English
Human Rights Administrative Law Indigenous Law Public Law Discrimination in Provision of Services Systemic Underfunding Scope of Proceedings Expert Evidence Limits +4 more

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Parties

Kai Liu (on behalf of Indigenous Police Chiefs of Ontario)

Complainant

Canadian Human Rights Commission

Commission

Public Safety Canada

Respondent

First Nations Chief of Police Association

Intervenor

Assembly of First Nations

Intervenor

Procedural Posture

Canadian Human Rights Tribunal Inquiry Under the CHRA / Preliminary Motions Ruling (pre Hearing Case Management)

Legal Issues

  1. 1 Whether the Tribunal should limit temporal and subject‑matter scope of the complaint
  2. 2 Whether IPCO should have leave to call more than five expert witnesses under s.7 CEA
  3. 3 Whether IPCO must provide additional particulars and documents requested by PSC

Ratio Decidendi

The Tribunal limited the complaint's temporal scope to Jan 1, 2014–Nov 7, 2024 and ordered IPCO to remove open‑ended/vague language from its amended SOP; denied IPCO leave to call more than five experts under s.7 CEA because proposed additional experts would be duplicative and disproportionate; ordered IPCO to provide specified additional particulars and documents (narrowed and limited to the 2014–Nov 7, 2024 period and excluding material already in PSC's possession); held issue estoppel and abuse of process inapplicable though prior findings may be persuasive; and denied bifurcation because liability and remedy issues are intertwined and bifurcation would likely be inefficient.

Court Disposition

PSC’s motions to limit scope and for particulars granted in part; IPCO’s motions denied in full (leave for >5 experts; estoppel/abuse; bifurcation).

Orders

  • Complaint temporal scope limited to January 1, 2014 through November 7, 2024
  • IPCO must delete all open‑ended language (eg. 'including', 'among other things') from its amended Statement of Particulars