Pre-Hearing Case Management (with closed captioning)


Descriptive Text Transcript

The video is composed of live action and graphic elements.
[Opening Music Playing]

Background is blurry. Office setting with a visible flag of Canada. In the foreground, top of screen, the Canadian Human Rights Tribunal logo in white and below the video title, “Pre-hearing Case Management”, on a turquoise, rectangular shape. 

[music continues]

Establishing shot of woman seated at a kitchen island. She has long silver coloured hair, wearing glasses and a pink sweater. She speaks directly to camera.

[Lisa: Hi. I’m Lisa. When my complaint of discrimination was referred to the Canadian Human Rights Tribunal, I agreed to participate in a confidential mediation to try to resolve the complaint.]

[music contd.]

Cut to a medium wide shot of the same woman (Lisa), dressed in a different attire to symbolize a different day. She is seated at the kitchen island, looking through a yellow file folder, with her laptop and cell phone close by.

[Lisa: When mediation was unsuccessful, the complaint was sent to a hearing. But before that could happen, there was something called pre-hearing case management.]

 

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: I didn’t have a lawyer, or anyone to help me, so I wasn’t really sure what would happen during case management.]

[music contd.]

Cut to a close-up shot of a table, with yellow folder, cell phone and papers in the background and in the foreground, a turquoise box with the following text:
“What happens during case management?”

[music contd.]

Cut to a medium wide shot of a man dressed in business attire, seated on the edge of desk in an office setting. He speaks directly to camera.

[Philip: Hi, I’m Philip, and I’m a Registry Officer with the Canadian Human Rights Tribunal. During pre-hearing case management, the Tribunal helps the parties prepare for the upcoming hearing of a complaint. This is usually done by a conference call.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: I was a little confused about how to prepare for the call. Understanding some of the terminology was the first step.]

[music contd.]

Cut to a close-up shot of the laptop on the kitchen island. Lisa is typing. The camera pans up to her face.

[Lisa: There’s something called a Statement of Particulars that has to be sent to the Registry Officer before the conference call.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: All parties have to complete one. It’s a description of how you plan to prove your case at the hearing.]

[music contd.]

Cut to a blurred background of an opened binder. In the foreground, a turquoise box appears on-screen with the title: “STATEMENT OF PARTICULARS” and more text appears below the box. Lisa’s voice is heard explaining the following text on screen:

STATEMENT OF PARTICULARS

  1. STATEMENT OF FACTS
  2. CONNECTION TO THE CANADIAN HUMAN RIGHTS ACT

    Types of discrimination:

    • Race
    • National or ethnic origin
    • Colour
    • Religion
    • Age
    • Sex: includes pregnancy or child birth
    • Sexual orientation
    • Gender identity or expression
    • Marital status
    • Family status
    • Genetic characteristics
    • Disability: includes mental or physical disability, disfigurement and dependence on alcohol or a drug
    • Conviction for an offence for which a pardon has been granted

  3. REMEDY
  4. LIST OF DOCUMENTS
  5. LIST OF WITNESSES

[Lisa: A Statement of Particulars has five parts. First is the statement of facts. This is your version of the events that led to the complaint. The second part includes the legal issues, information about what type of discrimination happened and how it was connected to one or more of the types of discrimination listed in the Canadian Human Rights Act. Like did it have something to do with your race, religion or age? Also, how did the treatment affect you? The third part of the Statement of Particulars is the remedy you’re asking for. The fourth part is your list of documents.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera. A turquoise box with the text DISCLOSURE appears bottom right of screen.

[Lisa: This includes all the documents you have that relate to the case. The process of exchanging this information is called disclosure.]

[music contd.]

Cut back to the blurred background of an opened binder with text on screen as Lisa’s voice:

STATEMENT OF PARTICULARS

  1. STATEMENT OF FACTS
  2. CONNECTION TO THE CANADIAN HUMAN RIGHTS ACT
  3. REMEDY
  4. LIST OF DOCUMENTS
  5. LIST OF WITNESSES

[Lisa: Fifth is your list of witnesses who are the people you’d like to call to testify at the hearing and a summary of what each witness will testify about.]

[music contd.]

Cut back to a medium wide shot of Philip, the Registry Officer, seated on the edge of desk in an office setting. He speaks directly to camera.

[Philip: Disclosure helps all of the parties avoid surprises at the hearing by ensuring everyone knows the evidence and arguments that will be given by the other parties.]

[music contd.]

Cut to a close-up shot of Philip, the Registry Officer typing on his keyboard. He flips the first page of a document with the writing, “Statement of Particulars of Complainant”. His voice is heard off camera explaining.

[Philip: Once the Registry Officer receives each party’s Statement of Particulars, you’ll receive an email letting you know ...]

Different camera angle of the Registry Officer working in his office. His voice continues to be heard off camera.

[Philip: ...the name of the Tribunal Member hearing your case. This email will also ask you about your availability for the conference call. These calls usually last less than an hour.]

[music contd.]

Cut back to medium shot of Lisa seated at kitchen island. Holding a cell phone, she dials a number that she is reading off the screen of her laptop. The camera transitions to an extreme close-up of the computer screen to show email from CHRT with the Case Management Conference Call details. Camera transitions back to Lisa.

[Lisa: Once the date for the conference call was set, I received an email with a dial-in phone number and conference ID that I used to join the call. It was really easy. The email also included an agenda that helped me prepare for the conference call.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: Ahead of the call, I made sure that I knew the dates I was free for the hearing and where I wanted it to take place.]

[music contd.]

Cut to an establishing wide shot of two people seated at a conference table in an office setting. Both are taking notes and a teleconference phone is set between them on the table. We hear Lisa’s voice off camera.

[Lisa: At the start of the conference call, the Registry Officer introduced himself and made sure all the parties were on the line. The Tribunal Member joined the conference and the Registry Officer began recording the call.]

[music contd.]

Cut to a close-up of the woman seated in the conference room who is the Tribunal Member. As she starts speaking, transition to a split screen. To the right of camera, Lisa seated at her kitchen island and left of camera, is a man (the Respondent) and woman (his lawyer) seated in her office. We understand that they are on the conference call. The shots flip back and forth between the Member and the split screen.

[Tribunal Member: Good afternoon, everyone. You have all received an agenda for this teleconference and I’ve reviewed each party’s Statement of Particulars. Before we go further, I would like to invite both parties to ask questions if I say anything you don’t understand. Also, as your hearing is public, let me know if any documents you submit need to remain confidential. Shall we proceed?]

While the conference scene continues, Lisa’s voice is heard speaking off camera.

[Lisa: The member then asked both parties about the information in each of our Statement of Particulars. She confirmed the number of witnesses, and asked if either of us had any expert witnesses like a doctor or an accountant. We both told her we did not.]

While the conference scene continues, Lisa’s voice is heard speaking off camera. A turquoise box with the text, “AGREED STATEMENT OF FACTS” appears bottom right-hand corner of the screen.

[Lisa: Then the member asked if we’d like to come up with an agreed statement of facts.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera. The turquoise box with the text, “AGREED STATEMENT OF FACTS”, continues to show on screen with additional text: “Eliminates the need for evidence to prove these facts”.

[Lisa: She said it wasn’t mandatory, but it would be helpful if we agreed on what happened so they wouldn’t have to hear evidence at the hearing. We said we’d definitely discuss the idea further.]

[music contd.]

The following sequence combines shots of the Tribunal Member and the Registry Officer during the teleconference, Lisa at home on her cell phone while the conference is taking place and the Respondent and his lawyer in an office. Lisa’s voice is heard off-screen.    

[Member: Now can I get everyone to take a look at their calendars.]

[Lisa: It was time to talk about scheduling the hearing, but I had no idea how long hearings usually last. She told me they average five business days and we can always book more time if we need it. Then we talked about the location of the hearing. I live in Guelph and I wanted the hearing to be here, but the respondent said all of his witnesses live in Toronto. The Member said that a hearing normally takes place wherever the incident happened, so she made the decision to hold it in Guelph. Fortunately, the respondent didn’t object and the location was set.]

[music contd.]

Cut to Philip, the Registry Officer in his office. Lisa’s voice is heard off-screen.

[Lisa: After the conference call, the Registry Officer sent me a short summary of the decisions and the Member’s instructions from the call.]

[music contd.]

Cut to wide shot of Lisa in her house, walking into frame to the left and holding an envelope. She opens the envelope and holds a document. A turquoise box with the writing, “NOTICE OF HEARING” appears in the bottom right-hand corner.

[Lisa: I also received a Notice of Hearing letter that included the dates, time, and location of the hearing.]

[music contd.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: After the conference call, I was feeling a lot more confident.]

Cut to Lisa seated at the kitchen island, different day, working on her laptop, and taking notes.

[Lisa: Before the hearing, I confirmed the hearing date and time with my witnesses, and I kept working on how I was going to present my case.]

Cut back to Lisa seated at the kitchen island in present day, speaking directly to camera.

[Lisa: I made sure I was ready for my hearing.]

[music contd.]

Cut to medium shot of Philip the Registry Officer, in his office speaking to camera.

[Philip: To find out more about pre-hearing case management, please visit the CHRT website, and be sure to watch our other videos on the preliminary process, mediation and hearings.]

Black background, with the following text appearing on screen:

For more information about the
Canadian Human Rights Tribunal,
visit chrt-tcdp.gc.ca or contact us:

Registrar-Greffier@chrt-tcdp.gc.ca
Telephone: 613-995-1707
Toll-free: 1-844-899-3604

The Government of Canada logo appears on a black background.