Rules of Procedure (Proceedings Prior to July 11, 2021)
Rules of Procedure under the CHRA (Proceedings Prior to July 11, 2021)
1 PURPOSE, INTERPRETATION
1(1) These Rules are enacted to ensure that
- a. all parties to an inquiry have the full and ample opportunity to be heard;
- b. arguments and evidence be disclosed and presented in a timely and efficient manner; and
- c. all proceedings before the Tribunal be conducted as informally and expeditiously as possible.
1(2) These Rules shall be liberally applied by each Panel to the case before it so as to advance the purposes set out in 1(1).
1(3) In these Rules,
- Commission means the Canadian Human Rights Commission established under s. 26 of the Canadian Human Rights Act Commission
- Panel means the Member or Members assigned by the Chairperson to any aspect of an inquiry, including a case conference, a motion, or the hearing of the merits of the complaint; *membre instructeur+
- party, in respect of an inquiry, means the Canadian Human Rights Commission, the complainant, and the person against whom the complaint was made; *partie+
- Registrar means the Registrar referred to in s. 48.8 of the Canadian Human Rights Act and includes any Registry Officer acting under the supervision of the Registrar; *registraire+
- respondent means the person against whom the complaint was made. *intim+
Dispensing with Rules abridgement or extension of time
1(4) The Panel may, on the motion of a party or on its own initiative, dispense with compliance with any Rule where to do so would advance the purposes set out in 1(1).
Dates and time limits are peremptory
1(5) Unless the Panel grants an extension or an adjournment, all time limits for complying with these Rules and all dates set for a hearing, a motion or a case conference are peremptory.
Rules not exhaustive
1(6) The Panel retains the jurisdiction to decide any matter of procedure not provided for by these Rules.
2 SERVICE, FILING
2(1) Unless otherwise stipulated, all written communications made under the Rules shall be served on all parties and filed with the Registry.
Methods of service
2(2) Service may be effected by delivering the document to the party, or the partys representative, by the following means:
- a. facsimile communication, where the document does not exceed 20 pages;
- b. bailiff or process server;
- c. registered mail, ordinary mail, courier; or
- d. delivery in person.
Proof of service
2(3) Service may be proven by
- a. affidavit of service;
- b. written statement signed by the person who effected the service;
- c. solicitor's certificate;
- d. admission of the party served; or
- e. sworn testimony before the Panel
which identifies the document and the person served and establishes the manner and time of service.
2(4) Filing is accomplished by delivering, mailing or faxing the document to the Registry at the following address or facsimile number:
Canadian Human Rights Tribunal
240 Sparks Street, 6th Floor West
Facsimile (613) 995-3484
Language of documents
2(5) All documents required to be filed under these Rules shall be in either English or French or, if in a third language, be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.
3 MOTIONS, ADJOURNMENTS
Notice of motion
3(1) Motions, including motions for an adjournment, are made by a Notice of Motion, which Notice shall
- a. be given as soon as is practicable;
- b. be in writing unless the Panel permits otherwise;
- c. set out the relief sought and the grounds relied upon; and
- d. include any consents of the other parties.
Response, argument, order
3(2) Upon receipt of a Notice of Motion, the Panel
- a. shall ensure that the other parties are granted an opportunity to respond;
- b. may direct the time, manner and form of any response;
- c. may direct the making of argument and the presentation of evidence by all parties, including the time, manner and form thereof;
- d. shall dispose of the motion as it sees fit.
4 ADMINISTRATIVE INFORMATION
CHRC provides information
4(1) A request by the Commission that the Chairperson of the Tribunal institute an inquiry into a complaint shall be accompanied by a written notice in accordance with Form 1, wherein the Commission shall indicate, to the best of its current knowledge or belief,
- a. the name and telephone number of counsel representing the Commission;
- b. the current postal address, telephone number, facsimile number and electronic address of each complainant and respondent;
- c. the name, postal address, telephone number, facsimile number and electronic address of any counsel who are representing other parties in the matter;
- d. the anticipated language of the proceeding; and
- e. any special arrangements required for the hearing.
4(2) The Registrar may solicit further information from a party by questionnaire. That party shall complete the questionnaire and file it with the Registry in accordance with the direction given.
5 CASE CONFERENCES
Panel may schedule case conference
5(1) The Panel may schedule a case conference to resolve matters of an administrative or procedural nature in respect of the inquiry;
- a. Case conferences may be held by telephone conference or in person;
- b. Before a case conference is scheduled, and where it is expedient to do so, the Registrar may consult with the parties to take into account their preferences as to place and time;
- c. After the case conference has been scheduled, the Panel shall give notice to all parties as to the place and time for the case conference, and any issues or motions which the Panel wishes to deal with at the case conference.
Parties may raise matters
5(2) A party who wishes to raise any matter or make a motion at the case conference shall deliver a Notice of Motion in accordance with Rule 3.
Argument, orders, directions
5(3) At the case conference the Panel,
- a. shall ensure that all parties are present or have received notice of the case conference;
- b. may hear argument on a motion or give directions under 3(2)(b) and 3(2)(c);
- c. may, after hearing the parties on an issue or motion, render any order which advances the purposes set out in 1(1);
- d. may set dates for the hearing of the inquiry;
- e. may set dates for complying with the obligations of Rule 6; and
- f. may deal with any other matters necessary for the conduct of the proceeding.
6 STATEMENT OF PARTICULARS, DISCLOSURE, PRODUCTION
Statement of Particulars
6(1) Within the time fixed by the Panel, each party shall serve and file a Statement of Particulars setting out,
- a. the material facts that the party seeks to prove in support of its case;
- b. its position on the legal issues raised by the case;
- c. the relief that it seeks;
- d. a list of all documents in the partys possession, for which no privilege is claimed, that relate to a fact, issue, or form of relief sought in the case, including those facts, issues and forms of relief identified by other parties under this rule;
- e. a list of all documents in the partys possession, for which privilege is claimed, that relate to a fact, issue or form of relief sought in the case, including those facts, issues and forms of relief identified by other parties under this rule;
- f. a list identifying all witnesses the party intends to call, other than expert witnesses, together with a summary of the anticipated testimony of each witness.
6(2) The complainant and the Commission shall serve and file a Reply within the time fixed by the Panel,
- a. where they intend to prove facts or raise issues to refute the respondents Statement of Particulars; and
- b. where these facts or issues were not identified in their Statement of Particulars under 6(1).
Expert witness reports and reports in response
6(3) Within the time fixed by the Panel, each party shall serve on all other parties and file with the Tribunal,
- a. a report in respect of any expert witness the party intends to call, which report shall,
- i. be signed by the expert;
- ii. set out the experts name, address and qualifications; and
- iii. set out the substance of the experts proposed testimony; and
- b. a report in respect of any expert witness the party intends to call in response to an experts report filed under 6(3) (a), which report shall comply with the requirements of 6(3) (a).
Production of documents
6(4) Where a party has identified a document under 6(1)(d), it shall provide a copy of the document to all other parties. It shall not file the document with the Registry.
Ongoing disclosure and production
6(5) A party shall provide such additional disclosure and production as is necessary
- a. where new facts, issues or forms of relief are raised by another partys Statement of Particulars or Reply; or
- b. where the party discovers that its compliance with 6(1)(d), 6(1)(e), 6(1)(f), 6(3) or 6(4) is inaccurate or incomplete.
7 BOOKS OF AUTHORITIES
Content of book of authorities
7(1) Subject to 7(3), a party may serve and file a book of authorities containing copies of the statutory provisions, case law and other legal authorities to which a party intends to refer.
Passages highlighted7(2) The relevant passages in each authority shall be highlighted.
Tribunal book of jurisprudence
7(3) Where a party intends to refer to a decision that appears in the Canadian Human Rights Tribunal Book of Jurisprudence, only the excerpt relied upon shall be included in the partys book of authorities.
8 ADDITION OF PARTIES AND INTERESTED PARTIES
Motion for interested party status
8(1) Anyone who is not a party, and who wishes to be recognized by the Panel as an interested party in respect of an inquiry, may bring a motion for an order granting interested party status.
Motion to specify extent of participation
8(2) A motion under 8(1) shall comply with the requirements of Rule 3 and shall specify the extent of the desired participation in the inquiry.
Addition of party on motion of another party
8(3) Where the Commission, a respondent or a complainant seeks to add a party to the inquiry, it may bring a motion for an order to this effect, which motion shall be served on the prospective party, and the prospective party shall be entitled to make submissions on the motion.
Addition of party by its own motion
8(4) Anyone who is not a party, and who wishes to be added to the inquiry as a party, may bring a motion under Rule 3 for an order to this effect.
9 HEARING, EVIDENCE
Hours of hearing
9(1) Unless the Panel directs otherwise, the hours of a hearing before the Panel are from 9:30 a.m. to 5:00 p.m.
Special arrangements, interpreter
9(2) A party who requires the services of an interpreter at the hearing, or who requires special arrangements for the hearing, shall notify the Registrar as soon as the party becomes aware of the requirement.
No previously undisclosed evidence, issue, relief
9(3) Except with leave of the Panel, which leave shall be granted on such terms and conditions as accord with the purposes set out in 1(1), and subject to a partys right to lead evidence in reply,
- a. a party who does not raise an issue under Rule 6 shall not raise that issue at the hearing;
- b. a party who does not, under Rule 6, identify a witness or provide a summary of his or her anticipated testimony shall not call that witness at the hearing;
- c. a party who does not disclose and produce a document under Rule 6 shall not introduce that document into evidence at the hearing;
- d. a party who does not, under Rule 6, identify the relief which it seeks shall not make representations in respect of that relief at the hearing; and
- e. a party who has not complied with 6(3) shall not introduce an expert report into evidence nor call an expert witness at the hearing.
Admission of documents from books of documents
9(4) Except with the consent of the parties, a document in a book of documents does not become evidence until it is introduced at the hearing and accepted by the Panel.
Evidence taken outside a hearing
9(5) A party may bring a motion for an order to examine a person who is unable to attend a hearing, for the purpose of adducing that persons evidence at the hearing.
Directions for taking evidence outside a hearing
9(6) In granting a motion under 9(5), the Panel shall give directions regarding
- a. the time, place and manner of the examination and cross-examination;
- b. the notice to be given to the person being examined and to the parties;
- c. the attendance of witnesses; and,
- d. the production of requested documents or material.
9(7) Where a party intends to challenge the constitutional validity, applicability or operability of a statute or regulation before the Panel, it shall serve notice in accordance with s. 57 of the Federal Court Act and Form 69 of the Federal Court Rules, 1998.
Hearing in absence of a party
9(8) A hearing may proceed even though a party fails to appear before the Panel, where the Panel is satisfied that the party received proper notice of the hearing.
Exclusion of witnesses
9(9) Subject to 9(10), a Panel may order that a witness be excluded from the hearing room until called to give evidence.
Exception, order of testimony
9(10) An order under 9(9) may not be made in respect of
- a. a witness who is a party; or
- b. a witness whose presence is essential to instruct counsel for a party
but the Panel may require the witness referred to in (a) or (b) to give evidence before any other witnesses are called to give evidence.
Non-communication with excluded witnesses
9(11) Except with leave of the Panel, where an order is made excluding a witness from the hearing, no person shall communicate with the witness regarding evidence given during his or her absence, nor provide the witness access to the verbatim transcript of the inquiry, until after the witness has been called and has finished giving evidence.
Awards of interest
9(12) Unless the Panel orders otherwise, any award of interest under s. 53(4) of the Canadian Human Rights Act,
- a. shall be simple interest calculated on a yearly basis at the Bank Rate (monthly series) established by the Bank of Canada; and
- b. shall accrue from the date on which the discriminatory practice occurred, until the date of payment of the award of compensation.
10 TRANSITIONAL PROVISIONS
Proceedings governed by present Rules
10(1) Where a complaint is referred to the Tribunal under the Canadian Human Rights Act after April 30, 2004, all procedural matters and hearings in respect of the complaint shall be dealt with in accordance with these Rules.
Proceedings governed by former Rules
10(2) Procedural matters and hearings in respect of complaints to which 10(1) does not apply shall continue to be governed by the Canadian Human Rights Tribunal Interim Rules of Procedure, dated August 1, 2000.