Statement on Joint Book of Documents

Public Servants Disclosure Protection Tribunal Canada

July 2012

Introduction

In order to ensure that a hearing proceeds expeditiously, the Tribunal will ordinarily require that the parties prepare a Joint Book of Documents for the purposes of disclosure. This request will generally be made once all the parties have had an opportunity to file their statement of particulars and replies to the other parties’ statement of particulars. Parties are encouraged to refer to the suggested template for a Joint Book of Documents, found in Appendix A. (available in PDF format only)

A Joint Book of Documents should contain all the documents that the parties intend to produce as evidence, as well as a list of these documents. In this list, the parties are asked to provide the following:

• title of the document;
• date of the document;
• whether or not the document will be admitted as to authenticity (i.e. the document is what it is represented to be);
• whether or not the document will be admitted as to the truth of its content(i.e. there is no dispute as to the truth of the statements or thoughts expressed in the document itself);
• whether or not the document is subject to a previously-issued confidentiality order;
• whether or not there is an anticipated motion for a confidentiality order.

A distinction needs to be made between disclosure and the Joint Book of Documents for Applications brought under subparagraph 20.4(1)(a) and Applications brought under subparagraph 20.4(1)(b) of the Public Servants Disclosure Protection Act, 2006, c. 9, s 201 (the “Act”).

Disclosure - Application for an Order of Remedy

Where the Application is brought under subparagraph 20.4(1)(a) of the Act, the parties are the complainant, the (current or former) employer and the Public Sector Integrity Commissioner (the “Commissioner”). In this type of Application, the Commissioner is seeking an order for a remedy in favour of the complainant if the Tribunal determines that a reprisal was taken. The disclosure process and the Joint Book of Documents will normally be completed in one step.

The disclosure process, including the Joint Book of Documents, will address both the merits of the Application and the issue of remedy.

Disclosure - Application for an Order of Remedy and an Order of Disciplinary Action

When the Application is brought under subparagraph 20.4(1)(b) of the Act, the parties are the complainant, the (current or former) employer, the Commissioner and one or more named respondents. In this type of Application, the Commissioner is seeking an order of remedy in favour of the complainant as well as an order of disciplinary action against a named respondent who took a reprisal. Therefore, the disclosure process and the Joint Book of Documents will normally be completed in a two-step process.

The first step of the disclosure process, including the Joint Book of Documents, will address the merits of the Application and the issue of remedy.

The second step of the disclosure process, including an additional Joint Book of Documents, will address disciplinary measures and will only be sought if the Tribunal finds that reprisal was taken against the complainant by a named respondent.

This two-step process is consistent with section 21.5 of the Act.1 Subsection 21.5(4) of the Act states that the Tribunal may make an order respecting the disciplinary action to be taken against any person who was determined to have taken the reprisal after issuing its reasons.

In addition, Rule 22(2) of the Public Servants Disclosure Protection Rules of Procedure, SOR/2011-170 provides time limits for the filing of the statement of particulars relating to disciplinary action. The time limits under Rule 22(2) do not begin until after the Tribunal has determined that reprisal was taken against the complainant, and after the parties are served with reasons.2

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