Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada

Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada

The Tribunal dismissed the Commission's motion because the Commission failed to demonstrate a sufficient rational connection between the broad categories of documents sought and the specific allegations concerning Mashteuiatsh; the requested nationwide disclosure and working papers related to the Auditor General's...

Source-derived case information.

Citation
2019 CHRT 21
Parties
Complainant: Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation); Commission: Canadian Human Rights Commission; Respondent: Public Safety Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 May 2019
Procedural Posture
Human Rights Complaint / Disclosure Motion (ruling)
Outcome
Commission's motion for broad disclosure dismissed except as to FNPP evaluation reports which the respondent agreed to disclose.
Legal Topics
Disclosure, Systemic Discrimination, First Nations Policing Program, Procedural Fairness
Source Language
english
Human Rights Administrative Law Indigenous Law Disclosure Systemic Discrimination First Nations Policing Program Procedural Fairness

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Parties

Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation)

Complainant

Canadian Human Rights Commission

Commission

Public Safety Canada

Respondent

Procedural Posture

Human Rights Complaint / Disclosure Motion (ruling)

Legal Issues

  1. 1 Whether respondent must disclose FNPP documents beyond the Mashteuiatsh community
  2. 2 Standards for relevance and scope of disclosure in CHRT proceedings
  3. 3 Relevance of Auditor General audit materials and related working papers

Ratio Decidendi

The Tribunal dismissed the Commission's motion because the Commission failed to demonstrate a sufficient rational connection between the broad categories of documents sought and the specific allegations concerning Mashteuiatsh; the requested nationwide disclosure and working papers related to the Auditor General's audit were overbroad, potentially prejudicial and unduly burdensome, while the respondent agreed to disclose FNPP evaluation reports which the Tribunal acknowledged should be produced.

Court Disposition

Commission's motion for broad disclosure dismissed except as to FNPP evaluation reports which the respondent agreed to disclose.

Orders

  • Motion dismissed in part
  • Respondent to disclose evaluation reports concerning the First Nations Policing Program that are publicly available and in its possession