In an interim decision regarding a human rights complaint of racial discrimination, the Commission sought to compel a respondent to produce personal notes at a preliminary hearing prior to the hearing on the merits.
The Board of Inquiry set aside the summons, ruling that section 12(1) of the Statutory Powers Procedure Act only permits a tribunal to compel the production of documents in evidence at the actual hearing on the merits, not for pre-hearing discovery.
The Board also held that the summons was not overly broad, but that the Commission must call the summoned individual as a witness to testify if it wishes to introduce the documents into evidence.
