The complainant alleged she was denied a position as a police officer because of her sex.
The Ontario Human Rights Commission sought production of application forms submitted by other candidates, which the respondent refused to provide due to confidentiality concerns.
The Commission brought a motion arguing that a board of inquiry has implicit power to order document production prior to a hearing.
The Board of Inquiry dismissed the motion, finding no such power under the Human Rights Code or the Statutory Powers Procedure Act.
The Board held that the proper procedure is for the Commission to request a subpoena duces tecum, call the person as a witness at the hearing, and have the Board determine admissibility, potentially receiving sensitive documents in camera.
