Notices

November 16, 2018

The Tribunal is asking for input about how to protect both privacy and freedom of expression in relation to its process. Please provide your input by December 14, 2018.

The Tribunal must protect privacy, transparency, and freedom of expression in relation to its process.

The Tribunal is seeking input on whether it should limit the use that parties may make of the information in a complaint file. If not, why not? If so, why?

Any limit must be clearly understood. If you recommend limits on publication of complaint file information, what clearly understood limits would you propose?

Background

The Tribunal’s practice is set out in rule 5 of its Rules of Practice and Procedure, Complaint Process Privacy Policy, and Public Access & Media Policy. In general, the Tribunal does not make information in complaint files available to the public except as follows:

  • The Tribunal publishes decisions that contain information from complaint files
  • After a complaint is on the hearing list, certain documents are available to the public
  • Hearings are open to the public
  • If there is a judicial review, material filed in court is available to the public (unless a party gets a court order)
  • People can apply for access under the Freedom of Information and Protection of Privacy Act

A party can apply to the Tribunal to limit the Tribunal and others from publishing information. Subject to an order limiting publication and rules regarding confidentiality of certain information, people may speak publicly about a complaint.

Parties have asked whether the right to speak publicly about a complaint includes reproducing a complaint or response to complaint or making public any of the information in a complaint file including, for example, medical diagnosis or other highly personal information.

The Tribunal’s Rules and policies do not answer these questions.

The Tribunal is seeking input on ways to protect privacy, transparency, and freedom of expression in relation to its process.

You may wish to address the following questions, identify other issues, or make general comments.

  • Is privacy currently protected enough by operation of other laws?
  • Should parties be required to seek an order limiting publication?
  • Should the Tribunal limit what complaint file information may be made public?
  • Should the Tribunal amend its forms to allow a party to identify information they consider requires protection?

 

 

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