The respondents in a human rights complaint alleging discrimination based on sexual orientation brought a preliminary motion seeking access to the notes made by the Commission's investigating officer.
The respondents argued that the Supreme Court of Canada's decision in R. v. Stinchcombe required full disclosure.
The Board of Inquiry dismissed the motion, holding that Stinchcombe does not apply directly to human rights proceedings, which are civil rather than criminal in nature.
The Board emphasized the need to protect the confidentiality of witnesses who participate in human rights investigations to prevent potential reprisal and ensure the efficacy of the investigative process.
