NEW** Changes to Tribunal Procedures: Motions on Scope/particulars, Page Limits and Filing Deadlines

The Tribunal was established to deliver timely and fair access to human rights adjudication. Yet we spend far too much time in case management in preparation for a hearing. This causes delay, adds costs and duplicates resources. Files get older, evidence grows staler and the parties are frustrated.

The Tribunal is therefore introducing changes to its procedures to support fair, efficient and proportionate adjudication. These changes help parties raise key issues early, ensure they know what the Tribunal will decide in their case, and keep written materials focused.

The Tribunal is introducing three changes:

1. Early resolution of scope and particulars issues

The Tribunal is changing its process for addressing issues about the scope of a complaint and requests for more or better particulars.

Respondents must now raise any concerns about the scope of the inquiry or the adequacy of particulars right away.

The complaint sets the foundation for the proceeding. A Statement of Particulars (SOP) can clarify the complaint, but it cannot transform or expand the complaint into something different.

The complaint gives the Tribunal jurisdiction to hold an inquiry and defines its boundaries. It also defines the issues the Tribunal will decide, the documents parties must disclose, the witnesses parties may call, and allows each party to know the case they will have to meet. The Tribunal and the parties must all know and understand from the start what the case is about, and what the Tribunal will decide. The scope of an inquiry is not an ever-evolving, elastic concept.

In some cases, parties have raised concerns about the scope of the inquiry or the adequacy of particulars late in the process - after parties have filed all SOPs, exchanged disclosure, prepared witness lists, or completed other steps based on their understanding of the issues, even as late as just before the hearing. Disputes about whether an SOP expands the complaint, or is too vague, have also resulted in multiple versions of SOPs being filed. Addressing these issues later in the process has resulted in significant delay, uncertainty about what the Tribunal will decide and what case each party must meet. This has also resulted in extra costs and duplicate work for the parties and the Tribunal.

A Respondent must file any motion about the scope of the inquiry, or any request for more or better particulars, within 7 calendar days after receiving the Complainant’s or the Canadian Human Rights Commission’s SOP and before filing its own SOP.  The Tribunal will suspend deadlines for Respondent SOPs and Replies until it decides the motion. Responses to motions on scope or for particulars are due 7 calendar days after receipt of the motion, and the Respondent’s reply is due 5 days later.

2. Page limits for all filings

The Tribunal is introducing page limits and formatting requirements for Statements of Particulars (SOPs) and motions. SOPs must not exceed 25 pages, and replies must not be more than 10 pages. 

Motions and responses to motions must not exceed 10 pages and replies to motions must not be more than 5 pages.

Shorter, more focused submissions will make materials easier to use for all parties. They will also make for shorter rulings and directions.

3. Standard timelines for motions

The Tribunal is introducing standard timelines for motions, including timelines for responses and replies.

Motions must be filed as soon as possible after the issue arises. Responses to motions are due 7 calendar days later and replies 5 days after responses.

These timelines will give parties more certainty, help the Tribunal deal with procedural issues efficiently, and reduce unnecessary delays.