One of the questions we are often asked is how much information should be disclosed to a respondent during an investigation. Some feel that respondents are more likely to provide honest and candid information if they are taken by surprise as opposed to having advance notice of the allegations and supporting evidence. The fear is that with the information, a respondent may have more time to concoct a story in response to the allegations and evidence.
The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.
Nelson v. Lakehead University is a noteworthy decision from the Human Rights Tribunal of Ontario as it articulates the complexity of any human rights matter before the Tribunal, and further underscores the employer's duty to investigate.