Author: kirchmeiervubc

Hearing

Case Update #38 – Tribunalmember Amber Prince Assigned to the Hearing

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Recently, I spoke with my counsel Clea Parfitt and learned that the Tribunalmember who will conduct the Hearing has been assigned: Amber Prince. She will also write the final decision. Devyn Cousineau will continue case management as required.

At this time my efforts are devoted to organizing documents and obtaining expert witnesses.

With respect to witnesses we may ask to testify, we are not yet reaching out or prepping anyone. Clea prefers to prepare witnesses closer to the time of their testimony, as in her experience it ensures the preparation is fresh and so that the anxiety/anticipation about doing so is reduced.

Case Documents

Case Update #37 – Proposed Remedies and Witness List Filed

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On July 1, we filed the anticipated witness list (which I am not posting on this website) and our remedies sought. (We obtained a short extension due to an illness of Clea’s and a family emergency for me.)

I am very proud of the remedies. We may end up adding to, dropping, or otherwise adjusting the remedies based on changes in the law or based on evidence at the Hearing – but the below document has been the product of years of deep conversations with many, many informed and intelligent people and reflects a careful, ambitious but practical vision for what it would take to make UBC how it SHOULD be – a safe, discrimination- and harassment-free environment for all.

ct-form-9.4-remedy-sought-22.07.01Download

In filing this remedy document, my counsel wrote “In setting out the remedy sought, we are aware of the Respondent’s position that a good deal of what we are seeking is in the policies the University brought in in 2017 and has since been amended. One way to deal with this, in our view, is for the Respondent to advise which paragraphs of the Remedy the University accepts or does not oppose on the basis that it is already doing those things.  That would assist the parties and the Tribunal to focus on what is contentious between the parties, while also permitting a clear statement of what has already been incorporated into current policy by the University.”

I think it is fair to recognize that in 2015, we didn’t have the coherent policy, centralized reporting entity, fact-finders, or the process that students have in 2022. While this human rights case was certainly a pressure factor, I credit the sincere and sustained concern by former and current UBC students, particularly in the AMS and Ubyssey staff, for the landscape today. Nevertheless, UBC requires a legal order to conform with the progress already obtained, to address the clawbacks it has already taken (its promise on rape kits), and to address the pernicious cultural factors that make failing their obligations to survivors the easier choice.

On a personal note, a family member living in India has suffered a sudden serious health condition and the circumstance will require me to travel there this summer and perhaps in the future (depending on what folks there say will be most helpful). I will do my best to prevent any other impacts for deadlines leading up to the Hearing, but it is by its nature difficult to predict the impact.

Hearing

Case Update #36 – Scratch That Last Post. Half the Hearing Dates are Gone.

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On April 26, 2022, the Tribunalmember Devyn Cousineau wrote to the parties a somewhat startling letter. She wrote that “The Human Rights Tribunal does not currently have resources to offer any complaint a ten-week hearing. At present, with rare exceptions, it is booking complaints for a maximum of three weeks. Given the scope of issues in this complaint, the Tribunal is prepared to schedule the hearing for up to five weeks.” She also wrote that while she is managing the complaint, she is not presently assigned to conduct the hearing – which was news to us!

26 Apr 22 Trib LtrDownload

UBC proposed to delay the hearing start as long as possible. I argued to keep some weeks in November 2022 to put forward my witnesses and some in January 2023 for UBC’s witnesses.

On May 31, 2022, Tribunalmember Cousineau selected the revised hearing dates. The hearing will now take place for five weeks beginning the following days:

January 16, 2023

January 23, 2023

February 13, 2023

February 20, 2023

February 27, 2023

Revised Hearing DatesDownload

In order to help try to move along the in-person hearing as expeditiously as possible, we proposed submitting chronologies and other evidence to come in by affidavit, which Tribunalmember Cousineau approved.

Interestingly, Tribunalmember Cousineau wrote “The parties agree, as do I, that my decision in Hale may impact the evidence and argument presented in this complaint. It is preferable for the parties to have that decision before the hearing, and sufficiently in advance to allow appropriate hearing preparation. I will prioritize my decision writing to ensure this is done.” So we may have a decision in Stephanie Hale’s case late this year.

The Tribunalmember did not allude again to whether or not she had been assigned to run the hearing itself, and unfortunately Clea and I think we need to know, so we wrote asking her to tell us what the deal is. We are requesting to tentatively hold some dates now just in case it runs over, although we certainly respect the desire to have a shorter hearing.

Ltr HRT 22.06.03Download

Finally, the May 31, 2022 letter set a deadline of June 30, 2022 for Kirchmeier to provide the witness list, the remedies sought, and documents related to remedy. UBC has a deadline of August 15, 2022 to provide its witness list, response to remedy, and documents related to remedy.

As far as my preparation on the case, we are currently working on chronologies for myself and other witnesses that we will eventually submit ahead of the hearing. This involves pulling together the supporting documentation to submit in writing as well. We are interviewing Class Members on their views of remedies as well as the facts of their pieces of the story, including seeking documents that they have. I have reached out to some Class Members, and Clea will reach out as well. If you believe you have relevant documents, I would be happy to take a look and ensure we have a copy.

Hearing

Case Update #34 – Scheduling the Hearing

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On November 17, the counsel for the parties had a discussion with Tribunalmember Cousineau about how long the Hearing is anticipated to take and when. Counting up witnesses for both sides, at this time the total is about 24 or 25 potential witnesses, including potential expert witnesses. With this many witnesses, the Hearing is scheduled to take place for ten weeks.

Right now the dates will begin in November 2022 and end in February 2023, in two blocks with a break in between. However, these dates are tentative. The first reason is that I applied to law school and I should hear shortly whether I will be in class at that time – if so, we would next look for dates in summer 2023. (For a case filed in 2016! Ridiculous!) The second reason is that counsel for UBC needs to verify the dates work on their side. If I don’t get into law school, I should be able to take leave from my job to make the current dates work.