The respondent requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had been dealt with by the College of Early Childhood Educators in prior professional misconduct complaints.
The Tribunal denied the request, finding that section 51(6) of the Early Childhood Educators Act, 2007 creates an absolute statutory privilege that renders the College's decisions inadmissible in civil proceedings, including Tribunal applications.
Consequently, there was no admissible evidence upon which the respondent could rely to support its section 45.1 request.
