The applicant in a human rights proceeding alleging sexual harassment and reprisal sought production of documents from a related police disciplinary hearing. The respondents argued the documents were inadmissible under the statutory privilege in s. 83(8) of the Police Services Act. The Tribunal held that a human rights proceeding is a 'civil proceeding' within the meaning of s. 83(8), departing from previous Tribunal decisions. Consequently, the requested disciplinary documents were subject to an absolute statutory bar and were inadmissible, with the exception of the initial complaint made by the Chief of Police.
B E T W E E N:
Heather McWilliam
Applicant
-and-
Toronto Police Services Board and Angelo Costa
Respondents
-and-
Toronto Police Association
Intervenor
INTERIM DECISION
Adjudicator: Jo-Anne Pickel
Date: July