CHRT calls for consultation on new Rules of Procedures

The Canadian Human Rights Tribunal (“CHRT”) is seeking public input and feedback on the new rules being implemented to guide the procedures in the CHRT.

The new Rules of Procedure will replace the existing Rules of Procedure of the Tribunal and will soon be pre-published in the Canada Gazette in accordance with s.48.9(3) of the CHRA.

Some of the new rule changes the Tribunal proposes to implement include:

  • a rule allowing the Tribunal to sanction non-compliance with the Rules of Procedure or any order of the Tribunal;

  • a rule on electronic service and filing;

  • a rule requiring parties to file a list of documents and a copy of the documents they intend to introduce into evidence at the hearing. Parties will be required to file the list and the documents with the Tribunal and provide these to the other parties no later than 45 days before the beginning of the hearing;

  • a rule defining the Tribunal’s official record, access to that record, and retention thereof, to clarify the public’s right of access to exhibits and other documents related to the CHRT’s inquiry;

  • more detailed requirements for statements of particulars to help parties identify such elements as the discriminatory practice being alleged, the remedies sought, and the defenses being relied upon; and,

  • a rule establishing a time limit for the issuance of decisions by the Tribunal.

The public has until September 1, 2020 to provide feedback on the new procedural rules. Emails are being accepted at the following email address: CHRTrules-TCDPregles@chrt-tcdp.gc.ca

Lauren JonesComment