Center for Research-Action on Race Relations v. www.bcwhitepride.com

Center for Research-Action on Race Relations v. www.bcwhitepride.com

John Beck is a compellable witness under the Canada Evidence Act and must attend the hearing; the subpoena duces tecum is justified and must require him to bring (1) contracts with internet providers since 2004 if in his possession, (2) all email correspondence associated with the bcwhitepride websites if in his possession, and (3) documents relating to his involvement in the body building competitions referenced in the Martinez affidavit as they are arguably relevant to identity and party status.

Citation
2006 CHRT 51
Parties
Complainant: Center for Research-Action on Race Relations; Commission: Canadian Human Rights Commission; Respondent: www.bcwhitepride.com
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
23 November 2006
Procedural Posture
Human Rights Complaint / Pre Hearing Motion to Add Party; Subpoena Duces Tecum Issued
Outcome
Subpoena duces tecum issued for John Beck to attend the hearing and produce specified documents.
Legal Topics
Subpoena Duces Tecum, Compellability of Witnesses, Addition of Parties, Production of Documents
Source Language
English
Human Rights Evidence Administrative Law Subpoena Duces Tecum Compellability of Witnesses Addition of Parties Production of Documents

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Parties

Center for Research-Action on Race Relations

Complainant

Canadian Human Rights Commission

Commission

www.bcwhitepride.com

Respondent

Procedural Posture

Human Rights Complaint / Pre Hearing Motion to Add Party; Subpoena Duces Tecum Issued

Legal Issues

  1. 1 Whether John Beck is a compellable witness
  2. 2 Whether a subpoena duces tecum should be issued to compel attendance and production of documents
  3. 3 Scope and relevance of documents requested

Ratio Decidendi

John Beck is a compellable witness under the Canada Evidence Act and must attend the hearing; the subpoena duces tecum is justified and must require him to bring (1) contracts with internet providers since 2004 if in his possession, (2) all email correspondence associated with the bcwhitepride websites if in his possession, and (3) documents relating to his involvement in the body building competitions referenced in the Martinez affidavit as they are arguably relevant to identity and party status.

Court Disposition

Subpoena duces tecum issued for John Beck to attend the hearing and produce specified documents.

Orders

  • Issue subpoena duces tecum for John Beck to attend the hearing in this matter.
  • Mr. Beck must bring all contracts with internet providers from 2004 to date that are in his possession.