3.18: Notice to obtain record of proceedings

Case Summary

The Applicant had made a complaint to the Alberta Human Rights Commission (the “Commission”) that he was discriminated against due to his gender when he “was denied domestic violence services available to others”. The Commission dismissed the complaint. The Applicant requested that a review of the dismissal be completed by the Commission’s Chief Commissioner. The Chief Commissioner upheld the dismissal. The Applicant then brought a motion for Judicial Review. The Application also included requests to introduce further evidence and for additional disclosure. The Respondent was the Minister Responsible for Children’s Services (“CYS”).

The Rules were discussed with respect to the Disclosure Application. The Applicant sought disclosure of three items: the basis for a statement by the Deputy Minister of CYS that Police, Justice, Health and Children’s Services do not indicate a substantiated need for expanding the shelter program to include men’s emergency shelters; a letter from the Applicant to the Human Rights Officer who conducted the investigation into the complaint and who prepared the report; and that Officer’s letter of reply.

The Court found that the materials required by Rule 3.18 and by IMS Health Canada, Limited v Information and Privacy Commissioner, 2005 ABCA 325, and other authorities, were the only materials relevant to the Application. None of the requested documents fit into this category and the Disclosure Application was denied.

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