Can I force my old boss to bring documents to my human rights hearing?

The situation

I am currently living in Canada and dealing with a formal complaint I filed against my former employer, a large retail firm, regarding unfair treatment. This whole situation started back in January 2023 when I was passed over for a promotion despite my hard work. Since then, I have been trying to get my pay cheque records and several internal emails that prove they treated me differently because of my age, but the company is refusing to hand anything over. I have already tried asking my former manager politely via email three times over the last two months, but they just ignore me or say it is company policy to keep those files private. I have finally reached the stage where a formal inquiry is being organised to look into my claim. I am really worried because I cannot prove my case without those specific documents and the testimony of my old supervisor who saw everything happen. My main concern is whether the person running this inquiry actually has the power to make my old boss show up, swear to tell the truth, and hand over those specific files, or if I am just stuck because they won't cooperate voluntarily?

Detailed Analysis

Based on the facts you provided, you are not stuck just because your former employer is refusing to cooperate voluntarily. Because your case involves a formal complaint under the Canadian Human Rights Act, the person conducting the inquiry (the member or panel) has significant legal powers to ensure a full investigation.

Specifically, the law allows the inquiry member to "summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the complaint"^[1]. This means the inquiry official can legally require your old supervisor to show up and swear to tell the truth, and they can also force the retail firm to hand over the pay cheque records and internal emails you need to prove your age discrimination claim.

In plain language, a 'summons' is an official order that tells someone they must appear in court or at a hearing. 'Compel' means the law forces them to do it, and they cannot simply cite 'company policy' to avoid it. The member or panel also has the power to "decide all questions of law or fact necessary to determining the matter"^[1]. This gives them the authority to resolve disputes about whether a document is actually relevant to your case.

It is important to note that while the inquiry member has broad powers, they cannot accept evidence that is protected by legal privilege^[1]. However, standard company privacy policies generally do not override the legal power of an inquiry to demand relevant evidence.

State, provincial, or local laws may add further rules regarding how evidence is handled in specific jurisdictions; you should check your local human rights commission guidelines.

Statutory Citations

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