In an interim decision during a human rights hearing, the Tribunal ruled on several evidentiary issues.
The Tribunal excluded documents relating to the pre-VRA period and the Commission's investigation report.
The Tribunal refused to admit the expert evidence of Dr. Frances Henry on anti-Black racism, finding it irrelevant because the complainant identified as 'brown' rather than 'Black', and unnecessary to assist the trier of fact.
The Tribunal allowed the respondents to call two police officers to testify about questioning the complainant's brother, finding that the brother's own testimony authorized disclosure under the Youth Criminal Justice Act.
Finally, the Tribunal denied the respondents' request for a sweeping publication ban regarding other students' academic records, noting that the Education Act privilege applies only to Ontario Student Records.
