name: First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian Affairs and Northern Development Canada)
unofficial_text: First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian Affairs and Northern Development Canada)
  Collection
  Canadian Human Rights Tribunal
  Date
  2014-03-18
  Neutral citation
  2014 CHRT 12
  File number(s)
  T1340/7008
  Decision-maker(s)
  Marchildon, Sophie; Bélanger, Réjean; Lustig, Edward P.
  Decision type
  Ruling
  Decision status
  Interim
  Grounds
  National or Ethnic Origin
  Race
  Decision Content
  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
  