Category: Hearing

Applications, Hearing

Case Update #43 – Hearing Starts January 23, 2023

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Yes, there’s no Update #42 – I took it down at UBC’s request. Class Members are encouraged to reach out to me for time-sensitive information.

On January 3, 2023, the parties held a case status conference with the Tribunal. One of the topics discussed was the University’s request to adjourn the first week of the Hearing (originally scheduled to start January 16) in order that counsel could read newly disclosed documents and generally get up to speed on the case. Tribunalmember Price issued a new Notice of Hearing which will, I hope, be the last. The four days previously scheduled the week of January 16 and January 30 are now set for the end of March.

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The dates are: January 23-27; February 13-17, 21-24, 27-28, March 1-3, and March 27-31.

Additionally, Tribunalmember Price set the following deadlines:

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Complainant’s witness list due January 9; Respondent’s witness list due January 13; Joint Book of Documents due January 16 (which is a bunch of documents both sides compile together for ease of use in locating and entering evidence during the Hearing); Complainant’s expert files due February 9.

Here is a link to the BCHRT Hearing Schedule.

Important! This Video Hearing is Public – But You Need to Request Access Ahead of Time, Preferably ASAP

Here is a link to the BCHRT’s instructions about how to attend the hearing. It is at the bottom of the “Covid-19 issues at the Tribunal” page on the website. I am going to copy-paste the instructions to join as they appear today on January 5, but please be sure to check the website directly in case the information changes. Additionally, I will note that in the past I have had to identify myself by name and any other individuals listening in to a public hearing each day that I attended. The public listening in must use the mute button, will only hear the proceedings, and is not allowed to make a recording, though handwritten notes, live tweets etc. are fine. The parties and the witnesses we call will be able to use the video functions.

Public Access to Hearings

The Tribunal recognizes the importance of having its hearings open to the public. Contact the Tribunal by email at BCHumanRightsTribunal@gov.bc.ca at least one week before the hearing to request dial in audio access (listen in only without video) at the presiding Member’s discretion.  The email you send us must

  1. Identify the hearing from the hearing schedule
  2. Attach a completed and signed agreement to attend the virtual hearing that includes your name and the telephone number you will be dialing in with

Applications, Case Documents, disclosure, Hearing

Case Update #40 – Great News. Hearing Moving Forward as Scheduled. And Info About My Experts.

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Wonderful news! On October 31, Tribunalmember Price issued a letter with her decision on, among other things, UBC’s Application to Adjourn the Hearing. She denied UBC’s Application and the Hearing will move forward as scheduled on January 16, 2023.

As she explains in her decision, Tribunalmember Price is “not persuaded that the Respondent [UBC] has been/is prevented from making a reasonable settlement offer in the absence of that information [particulars and monetary claims from me].” She also found “that adjourning the hearing will result in undue prejudice to the Complainants. Ms. Parfitt says that the Representative Complainant, Glynnis Kirchmeier, now lives in another country, and has had to make arrangements to be off work and to travel for the hearing. Ms. Parfitt’s calendar will also make it difficult to change the hearing dates.” She scheduled a pre-hearing conference on November 10, 2022.

Beyond responding to UBC’s Application to Dismiss, we have been working hard through October. Our original deadline to provide expert witness reports was October 18. We have received reports from two expert witnesses. The first is Dalya Israel, the Executive Director of WAVAW Rape Crisis Centre in British Columbia, who has been working there for over 20 years. We asked her to consider general questions about what survivors of sexual assault need from processes that are created to address sexual misconduct, drawing on her experiences serving survivors and the feedback they provided to WAVAW. We felt her testimony is especially relevant because WAVAW is a community organization that has also served UBC students harmed by sexual violence for many years. However, Ms. Israel is not speaking to particular facts for any of our Class Members. I am not posting the expert report at this time because I need to ask Clea about whether I am allowed to do so before the Hearing. UBC has the option to cross examine Ms. Israel on her opinion, but in the interests of making the Hearing go quickly, it may choose not to do that.

On October 19, we asked Tribunalmember Price for a brief extension of time to deliver the expert report for our second expert, which she granted in her October 31 letter (and granted UBC a matching extension to respond to it). The second expert witness is Dr. Laura Brown, a clinical and forensic psychologist working since the 1970s, to provide evidence about Institutional Betrayal, a key concept that we believe will help the Tribunal understand the dynamics and the harms caused by UBC’s actions when it failed to respond appropriately to reports about Dmitry Mordvinov and the other men reported by General Class Members. We asked Dr. Brown to define Institutional Betrayal, including key concepts and findings in the research, and to opine on whether the nature of the existing relationships between the person reporting sexual misconduct and the institutional representative(s) who respond inadequately impact any harm caused. Dr. Brown completed her report on November 1, and I think it is an absolutely stellar report. Again, it is not particular to the facts of any Class Members, but rather it is summarizing the academic research on this area of study, which the Tribunalmember may choose to draw upon in her final decision.

Also on November 1, I provided to Clea a summary of my personal monetary damages to date with receipts. I am not sure if they made it over to UBC yet with Dr. Brown’s report on November 1 but if not they will soon, after have a chance to discuss it. This doesn’t include my costs for legal fees, nor does it include my future costs (i.e. travel to Vancouver for the Hearing), nor does it include items for which I did not have receipts (such as gas).

On October 19, we submitted an Application for Documents to Tribunalmember Price requesting that she order UBC to produce documents for General Class Members, to correct deficiencies in disclosures already provided, and to provide documents related to Mordvinov, all of which we painstakingly laid out for UBC in October 2020. In support of the Application, we used examples from two different General Class Members who chose to provide documents to me, which illustrate how deficient UBC’s production was.

I am not going to post the October 19, 2022 Application for Documents or its supporting affidavit with evidence because we refer to a Mordvinov Class Member by name in it who has not agreed to use it widely, and because one of the General Class Members has a reasonable fear of further harm from her attacker, so we are taking several steps to make sure he cannot identify her.

Tribunalmember Price noted that the deadline for new evidence was October 14, 2022 as set down by Tribunalmember Cousineau. However, we argued, and Tribunalmember Price agreed, that we “are not seeking new disclosure but repeating [our] request for disclosure sought since 2020. The Respondent could not confirm whether the disclosure sought it new or not.” So she is prepared to consider our application and this will be the main topic of conversation on November 10.

To continue to assist the case, I will be in Vancouver November 11 – November 14, 2022.

MY ASKS FOR CLASS MEMBERS – If we have reached out to you to start prepping you as witnesses, please get back to us ASAP. January is just around the corner!

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.

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!

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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

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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.