In an interim decision, the Human Rights Tribunal of Ontario considered the admissibility and relevance of evidence relating to disciplinary proceedings under the Police Services Act (PSA).
The applicant, a former police officer alleging discrimination on the basis of disability, objected to the respondent introducing evidence about his removal from the Emergency Response Unit and subsequent PSA and criminal charges.
The Tribunal found the evidence potentially relevant to the respondent's defence against allegations of a poisoned work environment.
Furthermore, the Tribunal held that HRTO hearings are not 'civil proceedings' within the meaning of subsections 83(7) and 83(8) of the PSA, meaning the statutory privilege and inadmissibility provisions do not apply.
The applicant was compelled to testify regarding the PSA proceedings, and related documents were deemed admissible.
