Canadian Lawyer

44 A P R I L 2 0 1 6 w w w . C A N A D I A N L a w y e r m a g . c o m law irreconcilable with privacy in the digital age? And what's the extent of the obligation tribunals have to protect the privacy of individuals who come to resolve disputes in a public quasi- judicial body? Yola Grant, associate chairwoman of the Human Rights Tribunal of Ontario, said these aren't just theoretical ques- tions. "It's a practical concern," she said at the OBA panel. The tribunal must grapple with issues of stigma, emotional harm, and reputational damage, as well as economic ramifications for parties. "If we're not careful with our decision, we actually can have a bearing on their employability." How tribunals differ One of the reasons CanLII isn't indexed in Google searches is to make court and tribunal decisions accessible to the public while also protecting informa- tion that's sensitive, says Paul Daly, an administrative law professor at the Uni- versity of Montreal. The open justice principle has been a cornerstone of the common law for more than a century, and administrative tribunals can take the common law and mould it to their own practice. But tribu- nals are "not obliged to follow the same rules as courts," Daly tells Canadian Lawyer. "Court procedures are not the gold standard for administrative tribu- nals, so they can depart from them. But they can only depart from them when it's necessary for them to achieve their statu- tory objective." Federal tribunals also carry different obligations to protect privacy, accord- ing to Kosseim. "While courts are not subject to the federal Privacy Act, fed- eral administrative tribunals generally are. Section 8 of the act prohibits fed- eral institutions from disclosing per- sonal information under their control without the consent of the individual to whom it relates unless a relevant exemption applies," she said. Among Social Justice Tribunals Ontario, a collective of eight adjudi- cative tribunals in the province, the Human Rights Tribunal alone contends with case-by-case assessments of privacy issues. The Social Benefits Tribunal, for example, holds closed hearings by stat- ute, and all parties remain anonymous in decisions published by the Landlord and Tenant Board. None of the member tribunals name children and, where nec- essary, family members of children. Two years ago, the Human Rights Tri- bunal of Ontario came up with guidelines on matters that merit redaction of parties' names and it is now in the process of revisiting those guidelines, according to Grant. At this point, the HRTO publishes all of its decisions on CanLII, whether they are mundane or complex in nature, and names of parties are redacted in "very few" of them. The tribunal has to decide whether a particular privacy concern mer- its "anonymization" using the Statutory Powers Procedure Act as reference. In the past, the HRTO has granted anonymity to parties where the threat of, or actual, suicide was allegedly linked to the harassment complained of. It has also agreed not to reveal the transgen- der identity of parties because of existing Canadian Copyright / Industrial Designs Benchbook is part of a three-volume series on intellectual property (IP) law, to which some of the best specialist practitioners in Canada have contributed their experience and analytical skills. Up to date on all the leading cases, this succinct work for the bar and bench provides a complete overview and thorough analysis of Canadian copyright and industrial design law. • Get quick access to all the important topics, discussed by some of the most senior and well regarded IP lawyers in Canada • Gain a nuanced understanding of the Industrial Design Act • Prepare your case accordingly by referencing the leading cases and commentary • Understand the fundamental legal and business realities of this area of IP law New Publication Canadian Copyright / Industrial Designs Benchbook Editor: Donald M. Cameron, Bereskin & Parr LLP Your guide to the legal and business realities of copyright and industrial design law Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986698-65203 $139 Softcover + CD-ROM approx. 230 pages August 2015 978-0-7798-6698-4 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00236LM-A54507

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