Canadian Human Rights Tribunal Rules of Procedure, 2021 (SOR/2021-137)

Marginal note:Reply

• 21 (1) Each of the complainants and the Commission, if it is participating in the inquiry, may serve and file a reply, within the time limit established by the panel, that sets out any facts, issues, witnesses or documents they intend to present in reply to the response provided by the respondent.

• Marginal note:Witnesses or documents in reply

  (2) If a reply sets out additional witnesses or documents, the reply must include, in the case of the complainant, the information set out in paragraphs 18(1)(e) and (f) and subrule 18(2) and, in the case of the Commission, the information set out in paragraphs 19(1)(c) and (d) and subrule 19(2).

Marginal note:Expert witness

• 22 (1) For each expert witness whom a party intends to call, that party must serve and file, within the time limit established by the panel, a report that

  • (a) sets out the expert’s name and address;

  • (b) includes the expert’s curriculum vitae and a statement indicating how their training, education and experience qualify them to produce the report;

  • (c) sets out the substance of their anticipated testimony; and

  • (d) is signed by the expert.

• Marginal note:Duty

  (2) An expert witness has a duty to assist the panel in an impartial, objective and independent manner.

Marginal note:Provision of documents

• 23 (1) A party that discloses a document in accordance with paragraph 18(1)(f), 19(1)(e) or 20(1)(e) or subrule 24(1) for which privilege is not claimed must provide a copy of that document to the other parties within the time limit established by the panel.

• Marginal note:Documents not to be filed

  (2) For greater certainty, documents provided to the other parties under subrule (1) must not be filed.

Marginal note:Ongoing disclosure

• 24 (1) A party must, as soon as feasible, serve and file a list of the additional relevant documents that are in its possession if

  • (a) a new fact or issue is raised or a new order is sought in a statement of particulars, response or other party’s reply; or

  • (b) the party discovers that the list of documents provided in accordance with paragraph 18(1)(f), 19(1)(e) or 20(1)(e) is inaccurate or incomplete.

• Marginal note:Privileged documents

  (2) The list of documents must indicate the documents in respect of which privilege is claimed and the basis for the privilege.

Marginal note:Notice of constitutional questions

25 If a party intends to challenge the constitutional validity, applicability or operability of a statute or regulation, the party must serve notice in accordance with subsection 57(2) of the Federal Courts Act and Form 69 of the Federal Courts Rules.

Motions and Adjournments

Marginal note:Notice of motion

• 26 (1) Unless the panel agrees to proceed orally, a motion, including a motion for adjournment, must be initiated by a notice in writing that

  • (a) sets out the order sought and the grounds relied on; and

  • (b) specifies any consent obtained from other parties.

• Marginal note:Service and filing

  (2) The notice must be served and filed as soon as feasible.

• Marginal note:Response

  (3) A panel that receives a notice of motion, including a notice of motion for adjournment,

  • (a) must give the other parties an opportunity to respond;

  • (b) may give directions respecting the time, manner and form of any response;

  • (c) may give directions respecting the presentation of arguments and evidence by the parties, including the time at which and the manner and form in which the arguments and the evidence must be presented; and

  • (d) may dispose of the motion as it considers necessary.

Addition of Parties and Interested Persons

Marginal note:Motion for interested person status

• 27 (1) A person that wishes to be recognized as an interested person in respect of an inquiry must serve and file a notice of motion for an order to that effect.

• Marginal note:Content of motion

  (2) The notice of motion must specify the assistance the person wishes to provide to the inquiry and the extent to which the person wishes to participate in the inquiry.

• Marginal note:Decision of panel

  (3) If the panel grants the motion, it must specify the extent to which the interested person is permitted to participate in the inquiry.

Marginal note:Motion for party status

28 A person that wishes to be recognized by the panel as a party in respect of the inquiry must serve and file a notice of motion for an order to that effect.

Marginal note:Motion by party to add party

29 A party that wishes to have a person recognized as a party in respect of an inquiry must serve and file a notice of motion for an order to that effect after having served the notice of motion on the prospective party. The prospective party may make submissions on the motion.

Case Management Conference

Marginal note:Scheduling by panel

• 30 (1) A panel may schedule a case management conference to resolve matters of an administrative or procedural nature in respect of the inquiry.

• Marginal note:Manner

  (2) A case management conference may be held in person, by telephone conference call, video-conference, or any other form of electronic communication.

• Marginal note:Notice to Registrar

  (3) A party that wishes to raise a matter at a case management conference must notify the Registrar as soon as feasible before the conference.

Marginal note:Conduct of conference

31 At a case management conference, the panel may

• (a) hear arguments on a motion or give the directions referred to in paragraph 26(3)(b) or (c);

• (b) after hearing the parties on an issue or motion, make any order that it considers necessary;

• (c) set dates for the hearing on the merits of the complaint;

• (d) establish time limits for complying with the obligations set out in rules 18 to 23; and

• (e) deal with any other matter relating to the conduct of the inquiry.

Hearing and Evidence

Marginal note:Hours of hearings

32 Hearings are held on Monday to Friday, except on holidays, between 9:30 a.m. and 5:00 p.m local time.

Marginal note:Form of hearing

• 33 (1) Subject to subrule (2), a hearing is conducted in person.

• Marginal note:Remote conferencing

  (2) The panel may order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

• Marginal note:Technological assistance

  (3) The panel may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.

Marginal note:Evidence taken outside hearing

• 34 (1) A party may serve and file a notice of motion for an order to examine an individual who is unable to attend a hearing for the purpose of introducing that individual’s evidence at the hearing.

• Marginal note:Directions for taking evidence outside hearing

  (2) If the motion is granted, the panel must give directions respecting

  • (a) the time, place and manner of the examination and cross-examination;

  • (b) the notice to be given to the individual being examined and the parties;

  • (c) the attendance of other witnesses; and

  • (d) any documents to be produced.

Marginal note:Hearing in absence of party

35 A hearing may proceed even though a party fails to appear before the panel if the panel is satisfied that the party received proper notice of the hearing.

Marginal note:List of documents

• 36 (1) Each party must file, by no later than the 30th day before the first scheduled day of the hearing, a list of the documents, other than any expert reports referred to under rule 22, that it intends to introduce into evidence at the hearing and a copy of each of those documents.

• Marginal note:Service on other parties

  (2) The party must serve the list on the other parties.

Marginal note:Undisclosed matters

37 A party may

• (a) raise an issue at the hearing only if that issue was raised under rule 18, 19, 20 or 21;

• (b) call a witness at the hearing only if that witness was identified and a summary of their anticipated testimony was provided under rule 18, 19, 20 or 21;

• (c) subject to paragraph (e), introduce a document into evidence at the hearing only if that document was disclosed under rule 18, 19, 20 or 21, provided under rule 23 and filed under subrule 36(1);

• (d) only make submissions at the hearing about an order sought under section 53 of the Act if the party identified that order under rule 18, 19 or 20; and

• (e) call an expert witness or introduce an expert report into evidence at the hearing only if the party complied with rule 22.

Marginal note:Admission of documents into evidence

38 Despite paragraph 37(c), a document is admitted into evidence only when the document is

• (a) introduced at the hearing; and

• (b) designated as an exhibit by the panel.

Marginal note:Exclusion of witnesses

• 39 (1) A panel may order that a witness be excluded from the hearing room until they are called to give evidence.

• Marginal note:Exception

  (2) The panel must not order the exclusion of a witness who is a party or whose presence is necessary to instruct a party’s representative, but the panel may require such a witness to give evidence before any other witness is called.

Marginal note:Communication with excluded witnesses

40 Unless authorized by the panel, a person may not communicate with a witness who has been excluded under subrule 39(1) regarding evidence given during their absence, or provide them with access to a recording or transcript of the hearing, until after they have given their testimony.

Marginal note:Communication with witnesses during examination

41 The panel may give directions restricting any communication with a witness during the examination of that witness.

Book of Authorities

Marginal note:Content

• 42 (1) A party may serve and file a book of authorities, to be used during closing arguments, containing copies of the legislative provisions, case law and other legal authorities.

• Marginal note:Highlighted passages

  (2) The relevant passages in each legal authority must be highlighted.

• Marginal note:Electronically available case law

  (3) For case law that is accessible to the public electronically, a party need only include in the book of authorities

  • (a) the relevant passages, along with the paragraphs immediately preceding and following those passages; and

  • (b) the case law citation, including the Internet address where the case law can be accessed.

• Marginal note:Electronically available legislation

  (4) For legislation that is accessible to the public electronically, a party need only include in the book of authorities

  • (a) the relevant provisions; and

  • (b) the legislative citation, including the Internet address where the legislation can be accessed.