Hughes v. Transport Canada

Hughes v. Transport Canada

The Tribunal held that the documents sought by the complainant and by the Commission are arguably relevant and must be produced subject to redaction of personal identifiers; the respondent must either produce non-privileged documents or file a detailed affidavit within 15 days stating why each requested document does not exist or why privilege applies; failure to file the affidavit results in an order to produce the documents. Selection committee materials are not an adjudicative forum that precludes disclosure; Privacy Act considerations do not bar production if confidentiality is protected by redaction.

Citation
2012 CHRT 26
Parties
Complainant: Chris Hughes; Commission: Canadian Human Rights Commission; Respondent: Transport Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
25 October 2012
Procedural Posture
Canadian Human Rights Act Complaint (refusal to Hire; Disability; Reprisal) / Ruling on Pre Hearing Motions for Production of Documents
Outcome
Motions granted in part; respondent ordered to produce documents with conditions and to file affidavits addressing existence and privilege within 15 days or otherwise produce materials
Legal Topics
Disability Discrimination, Refusal to Hire (s.7), Retaliation/reprisal (s.14.1), Document Production/disclosure, Solicitor Client Privilege, Privacy Act Conflict
Source Language
English
Human Rights Employment Law Administrative Law Privacy Law Evidence and Procedure Disability Discrimination Refusal to Hire (s.7) Retaliation/reprisal (s.14.1) +3 more

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Parties

Chris Hughes

Complainant

Canadian Human Rights Commission

Commission

Transport Canada

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (refusal to Hire; Disability; Reprisal) / Ruling on Pre Hearing Motions for Production of Documents

Legal Issues

  1. 1 Whether requested documents are arguably relevant to complaints under ss.7 and 14.1 of the CHRA
  2. 2 Whether the Privacy Act or privacy interests prohibit production of applicant/other candidates' materials
  3. 3 Whether claimed privilege/confidentiality is validly asserted and what proof is required

Ratio Decidendi

The Tribunal held that the documents sought by the complainant and by the Commission are arguably relevant and must be produced subject to redaction of personal identifiers; the respondent must either produce non-privileged documents or file a detailed affidavit within 15 days stating why each requested document does not exist or why privilege applies; failure to file the affidavit results in an order to produce the documents. Selection committee materials are not an adjudicative forum that precludes disclosure; Privacy Act considerations do not bar production if confidentiality is protected by redaction.

Court Disposition

Motions granted in part; respondent ordered to produce documents with conditions and to file affidavits addressing existence and privilege within 15 days or otherwise produce materials

Orders

  • Respondent ordered to produce the documents listed in the complainant's May 11, 2012 motion with all personal identifying information redacted
  • Respondent ordered to produce all non-privileged documents sought by the Canadian Human Rights Commission unless the respondent files a detailed affidavit within fifteen (15) days explaining why each document cannot be produced; failing such affidavit the respondent must produce those documents