Claimant’s Human Rights Complaint Dismissed Due to Procedural Failures

OUTCOME: Dismissed

Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Citation: 2024 [NAME] 137 Date: December 11, 2024 File No. : T2572/12920 Between: [RESPONDENT] - and - Canadian Human Rights Commission Commission - and - [NAME] Respondent Decision Member: [NAME]. OVERVIEW [ 1 ] [RESPONDENT] , the [RESPONDENT], has failed to meet Tribunal deadlines to proceed with his complaint. Since May of 2024, the Tribunal has attempted to contact the [RESPONDENT] several times, but he has not responded to the Tribunal’s communications. [ 2 ] The Tribunal asked [NAME] ([NAME]), the Respondent, as well as the Canadian Human Rights Commission (the “Commission”) for submissions on how to proceed in light of the [RESPONDENT]’s failure to participate in his complaint. [NAME] argues that the Tribunal should dismiss the complaint because the [RESPONDENT] has failed to pursue his complaint, has not respected the Canadian Human Rights Tribunal’s Rules of Procedure, 2021 SOR/2021-137 (the “Rules of Procedure”), has not met any deadlines and has not responded to the Tribunal’s numerous attempts at contact. [ 3 ] The Commission did not make any submissions.

II.

DECISION [ 4 ] The complaint is dismissed as abandoned. The [RESPONDENT] has not participated in the complaint process and has not responded to the Tribunal communications to advance his complaint.

III. ANALYSIS [ 5 ] The Tribunal must conduct proceedings as informally and expeditiously as the requirements of natural justice and the rules of procedure allow (s. 48.9(1) of the Canadian Human Rights Act , R.S.C., 1985, c. H-6). The Tribunal’s Rules of Procedure are to be interpreted and applied to secure the informal, expeditious and fair determination of every inquiry on its merits. [ 6 ] Administrative tribunals are masters in their own house. The Tribunal can dismiss a complaint if a party does not comply with its Rules of Procedure (Rule 9) and can make any order it considers necessary against vexatious conduct or abuse of process (Rule 10). [ 7 ] It is the [RESPONDENT]’s responsibility to advance their file and to provide their contact information ( [NAME] v Correctional Service Canada , 2024 [NAME] 6 at paras 4–5; [NAME] v [[COMPANY] , 2024 [NAME] 84 at para 11). The other parties are also entitled to have their complaints addressed in a timely way ( [NAME] v. [NAME]’azdli Whut’en First Nation, 2021 [NAME] 21 at para 39). Failing to appear or to otherwise participate in the process can result in a complaint being dismissed as abandoned ( [NAME] v. Correctional Service Canada , 2024 [NAME] 97). [ 8 ] At the beginning of May 2024, the Tribunal issued a ruling dismissing the Respondent’s request to stay the complaint proceedings until the resolution of all issues before the Federal Court. Following the ruling, on May 16, 2024, the Tribunal sent a letter setting deadlines for the Commission’s disclosure and for the [RESPONDENT] to file his Statements of Particulars, disclosure, and witness lists. On June 14, 2024, the Tribunal granted an extension for the deadlines originally set. Some additional correspondence was sent to the parties, and, in September 2024, the Tribunal reached the [RESPONDENT] by telephone who confirmed receipt of the Tribunal’s emails but said that he did not have a chance to respond due to family issues. The Tribunal Registry Officer advised the [RESPONDENT] to get in touch as soon as possible if he required further time due to family issues. He did not do so. [ 9 ] On October 9, 2024, the Tribunal sent another letter setting a deadline of October 30, 2024. On October 10, 2024, it reached the [RESPONDENT] by telephone who confirmed that he received the Tribunal’s October 9, 2024 correspondence, that he understood the deadlines, but that he did not have a chance to respond. [ 10 ] Most recently, on November 29, 2024, the Tribunal emailed the [RESPONDENT] and warned that in the absence of a confirmation by December 6, 2024 that he wished to proceed with his complaint, it would be dismissed as abandoned and his file would be closed. The [RESPONDENT] did not respond. [ 11 ] I find that this matter should be dismissed as abandoned. The Tribunal has tried to reach the [RESPONDENT] by every means available using the contact information the Commission provided and I am satisfied that the [RESPONDENT] received notice of the proceedings and is aware of the consequences of his failure to participate. The Tribunal’s emails were not returned as undeliverable. The Tribunal’s Registry Officer spoke to the [RESPONDENT] twice and he confirmed receipt of the Tribunal’s communications, and that he understood the deadlines to comply with. The Tribunal also warned the [RESPONDENT] that the complaint could be dismissed if he failed to respond. [ 12 ] I accept [NAME]’s submission that the [RESPONDENT] has, without explanation, failed to respond to the Tribunal’s numerous attempts to communicate with him and has not complied with his obligations under Rule 18 of the Tribunal’s Rules of Procedure. I have not been presented with information about any challenges or personal circumstances faced by the [RESPONDENT] to explain his lack of participation in the process such that it would be unfair to dismiss the complaint. [ 13 ] In the absence of any response, I find that this matter should be dismissed as abandoned .

IV.

ORDER [ 14 ] The complaint is dismissed as abandoned. The Registry will send a letter to the parties confirming that this file has been closed. Signed by [NAME] Tribunal Member Ottawa, Ontario December 11, 2024 Canadian Human Rights Tribunal Parties of Record File No. : T2572/12920 Style of Cause: [RESPONDENT] v. [NAME] of the Tribunal dated: December 11, 2024 Written representations by: [NAME]. [NAME], [RESPONDENT] and [RESPONDENT] , for the Respondent