As a proposed class-action lawsuit against Waterloo Regional Police inches closer to a certification hearing, it’s becoming more clear which details will and will not be heard at the proceedings as evidence.

The lawsuit alleges that the police service fostered a culture of gender-based discrimination and abuse over a lengthy time period. Its claims have not been tested in court, and police have called them “untrue, exaggerated, misleading and/or defamatory.”

The lawsuit has yet to be certified as a class-action. Waterloo Regional Police and the Waterloo Regional Police Association union are arguing that the court does not have jurisdiction over the matter.

A judge recently issued a ruling on a number of pre-certification motions, mainly focused on potential evidence that could be used if the lawsuit goes ahead.

One such piece of evidence involved an alleged incident in which a senior Waterloo Regional Police officer ran down a street nude after being caught in an adulterous act with a woman.

The officers behind the lawsuit wanted Chief Bryan Larkin to answer whether the officer was disciplined, arguing that female officers have faced discipline for less serious actions.

Justice Deena Baltman ruled against the plaintiffs, saying the value of Larkin’s answer was outweighed by the “excessive invasion of privacy” it would have created for the senior officer.

Also put before Baltman for a decision was whether an affidavit sworn by Kathy Hogarth, a University of Waterloo professor, should be admissible.

Hogarth calls herself an expert on racial and gender discrimination. She says she had conversations with Larkin about how female WRPS officers were treated. Police argued that Hogarth was not properly qualified to be an expert in that field and that her conversations with Larkin were focused only on racial issues, and called her opinions and reports “irrelevant” to the goals of the proposed lawsuit.

Baltman ruled that Hogarth’s experiences with police can be included as evidence, although she cannot be used as a litigation expert.

The next court date regarding the certification hearing is scheduled for June 18 in Brampton.