Between:
First Nations Child and Family Caring Society of Canada
- and-
Assembly of First Nations
Complainants
- and -
Canadian Human Rights Commission
Commission
- and -
Attorney General of Canada
(Representing the Minister of Indian Affairs and Northern Development Canada)
Respondent
- and -
Chiefs of Ontario
- and -
Amnesty International
Interested Parties
Ruling
File No.: 2014 CHRT 12
Members: Sophie Marchildon, Réjean Bélanger and Edward P. Lustig
Date: March 18, 2014
[1] The Panel has reviewed its July 3, 2013, ruling pertaining to the parties' disclosure obligations. The Panel is of the view that the Ruling is cast in language that is flexible and allows for the disclosure requested by the Caring Society on March 13, 2014, particularly in view of
(a)
the duty of ongoing disclosure as a means for
the Tribunal to seek out the truth;
and
(b) the narrow nature of the March 13 request.
[2] None of the parties wish for the present proceedings to be unnecessarily prolonged and the Panel has the duty to proceed expeditiously. Counsel for the Caring Society has waived his request vis à vis Ms. D'Amico, the Respondent's witness, who is scheduled to present evidence this week. This should obviate any need for an adjournment to allow the Respondent to review the documents requested in relation to Ms. D'Amico’s testimony. The parties' right to cross-examination is not restricted in any way by the Panel's Ruling of July 2013.
[3] As for the Respondent's future witnesses, the Panel expects to hear from Respondent Counsel prior to the end of this week regarding any potential additional time needed to comply with the Complainant's request, beyond the dates already scheduled. It should be understood that the Panel does not intend to extend currently scheduled dates unless absolutely necessary.
Signed by
Sophie Marchildon
Administrative Judge
Réjean Bélanger
Tribunal Member
Edward P. Lustig
Tribunal Member
Ottawa, Ontario
March 18, 2014