# What happens if the government refuses to hand over documents during my human rights complaint?

- Jurisdiction: Canada
- Practice area: Employment Law
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/ca/employment-law/happens-if-government-refuses-hand-over-documents-during

## Question

I am currently in the middle of a human rights complaint here in Canada regarding unfair treatment at my previous workplace. It started back in January 2023 when I was let go, and I filed my formal complaint with the Commission in March. I have been working with an investigator for about six months now to gather all the necessary proof. Recently, the investigator asked for specific internal emails and payroll records from the department involved to prove I wasn't being paid my full labour entitlements. However, a government official representing the department has stepped in and formally objected to sharing those specific documents, claiming they are protected. I have already tried asking the investigator if they could just pressure the department to comply, but they told me it is out of their hands for now. I am feeling very stuck because without those records, my case feels weak. I am unsure about the next step in this process: if the official keeps refusing to let the investigator see the information, does the Commission have the power to take this to a higher court to force them to show the evidence, or is there a specific way the law decides who wins this argument?

## Summary

Yes, the Commission has the power to take this matter to a higher court. If a government official objects to providing the emails and payroll records you need, the Commission can apply to the Federal Court to decide if the documents must be shared.

## Analysis

In your human rights complaint regarding your unpaid labour entitlements, you have hit a common roadblock where a government official is blocking the evidence. Under the Canadian Human Rights Act, there is a specific process for when an investigator needs information but an interested person or a minister objects to giving it up.

The law states that "if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter" [cite:ca-human-rights-act-sec58]. This means the Commission can ask a Federal Court judge to step in and make a final decision on whether those specific internal emails and payroll records must be handed over. Once the matter is in court, the judge "may take any action that it considers appropriate" [cite:ca-human-rights-act-sec58]. This could include ordering the department to release the documents to your investigator.

However, the outcome is not guaranteed. If the official's objection is based on specific legal protections found in the Canada Evidence Act, the court will follow those rules to decide the winner of the argument [cite:ca-human-rights-act-sec58]. For example, if the official claims the documents are protected by legal privilege (a rule that keeps certain communications private), the court will weigh that protection against the need for evidence in your complaint.

It is currently uncertain whether the official's specific objection will be upheld by a judge, as the provided law does not state the specific grounds the official is using to claim the records are protected.

## Statutory citations

- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 58 - Application respecting disclosure of information [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-58)
  > if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate
- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 58 - Application respecting disclosure of information [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-58)
  > An objection to disclosure shall be determined in accordance with the Canada Evidence Act if (a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act

---
General information only, not legal advice. See https://lawasked.com/disclaimer