Mercier and Besirovic et al. v. Correctional Service of Canada et al.

Mercier and Besirovic et al. v. Correctional Service of Canada et al.

Severance was granted because the prejudice to Mercier caused by prolonged delay and the individualized nature of her complaint (different institution, only respondent CSC, camera evidence, Indigenous-specific concerns) outweighed public interest efficiencies of a single consolidated inquiry; settlement-privileged mediation content was excluded by redaction and non-privileged mediation process material was admissible.

Citation
2022 CHRT 19
Parties
Complainant: Tracy Mercier; Complainants: Aleksandra Besirovic et al.; Commission: Canadian Human Rights Commission; Respondents: Correctional Service of Canada et al.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 June 2022
Procedural Posture
CHRA Complaint (human Rights) / Ruling on Motion to Sever; Case Management
Outcome
Motion to sever granted; Tracy Mercier’s complaint severed from the group referred by the Commission and to proceed independently
Legal Topics
Severance of Joined Complaints, Procedural Fairness, Settlement Privilege and Confidentiality, Sexual Harassment and Assault, Systemic Discrimination, Delay and Prejudice
Source Language
English
Human Rights Administrative Law Employment Law Severance of Joined Complaints Procedural Fairness Settlement Privilege and Confidentiality Sexual Harassment and Assault Systemic Discrimination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tracy Mercier

Complainant

Aleksandra Besirovic et al.

Complainants

Canadian Human Rights Commission

Commission

Correctional Service of Canada et al.

Respondents

Procedural Posture

CHRA Complaint (human Rights) / Ruling on Motion to Sever; Case Management

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction as master of its proceedings to sever a complaint referred jointly by the Commission under s.40(4) CHRA
  2. 2 Whether the non-exhaustive severance factors (common issues, public interest, prejudice to complainant) favour severance
  3. 3 Whether mediation materials are protected by settlement privilege and must be excluded/redacted

Ratio Decidendi

Severance was granted because the prejudice to Mercier caused by prolonged delay and the individualized nature of her complaint (different institution, only respondent CSC, camera evidence, Indigenous-specific concerns) outweighed public interest efficiencies of a single consolidated inquiry; settlement-privileged mediation content was excluded by redaction and non-privileged mediation process material was admissible.

Court Disposition

Motion to sever granted; Tracy Mercier’s complaint severed from the group referred by the Commission and to proceed independently

Orders

  • Severance of Tracy Mercier’s complaint from the jointly referred group granted
  • Tribunal to redact from public record the three sentences on page 2 of Mercier’s motion submissions beginning with 'For example' and ending with 'systematic remedies' as privileged; those sentences were not considered in the severance decision