Human Rights Tribunal Approves Limited Disclosure of Hearing Audio

OUTCOME: Allowed

Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Citation: 2024 [NAME] 125 Date: November 8, 2024 File No. : T2458/1520 Between: [RESPONDENT] - and – Canadian Human Rights Commission Commission - and – [NAME] Respondent Ruling Member: [NAME]. OVERVIEW [ 1 ] This ruling grants [NAME] ([NAME])’s request to vary the Tribunal’s publication ban that was previously ordered in this case ( [RESPONDENT] and [NAME] v. Correctional Service Canada , 2024 [NAME] 86 [the “Publication Ban”]). The Publication Ban mirrors court-ordered bans in the criminal proceedings involving Mr. [RESPONDENT], the [RESPONDENT], as well as [NAME]. [NAME] was a [RESPONDENT] in these proceedings at the time the Tribunal issued the publication ban. The Tribunal has since dismissed Mr. [NAME] complaint (2024 [NAME] 114). [ 2 ] [NAME] wants the Tribunal to vary its order prohibiting the disclosure of the audio recording of the hearing to anyone other than the parties and their counsel so that it can provide a copy to a court [NAME] for transcription. Mr. [RESPONDENT] and the Commission consent to [NAME]’s request. [ 3 ] [NAME]’s request to vary the publication ban is allowed. [NAME] may disclose the audio recording of the hearing in this matter to a court [NAME] for transcription.

II.

REASONS [ 4 ] [NAME] has identified the limited purpose for which it seeks to disclose the audio recording of the proceedings. If [NAME] intends to use the transcript prepared by their court [NAME], it must provide copies to the Tribunal as well as the other parties, at its own cost (see Tribunal’s Practice Direction on recording hearings, use of court reporters and transcripts, available at https://[NAME] [ 5 ] Before providing a copy to the Tribunal or to the other parties, [NAME] must review the transcript and redact any information that is the subject of a court-ordered ban on publication and that identifies a [RESPONDENT], victim or witness from Mr. [RESPONDENT] or [NAME]’ criminal proceedings. Although the Tribunal’s digital recording remains the authoritative record of what was said at the hearing, a transcript provided to the Tribunal is part of the record of the proceeding and is available to the public subject to the terms of any confidentiality order (Rule 47 of the Canadian Human Rights Tribunal Rules of Procedure, 2021 ). [ 6 ] All other orders set out in the Tribunal’s Publication Ban remain in place.

III.

ORDER [ 7 ] [NAME] may disclose the audio recording of the hearing in this matter to a court [NAME] for transcription. [ 8 ] If [NAME] intends to use the transcript prepared by its court [NAME], it must provide a copy to the Tribunal and to the other parties at its own cost. [NAME] must first redact the transcript of any information that is the subject of a court-ordered ban on publication and that identifies a [RESPONDENT], victim or witness from Mr. [RESPONDENT] and [NAME]’ criminal proceedings. [ 9 ] This order and the rest of the Publication Ban apply indefinitely unless otherwise ordered. Signed by [NAME] Tribunal Member Ottawa, Ontario November 8, 2024 Canadian Human Rights Tribunal Parties of Record File No. : T2458/1520 Style of Cause: [RESPONDENT] v. Correctional Service Canada Ruling of the Tribunal Dated: November 8, 2024 Appearances: [NAME], [RESPONDENT], and [RESPONDENT] [NAME] , for the [RESPONDENT] [NAME] and [RESPONDENT] [NAME] , for the Canadian Human Rights Commission [NAME] [RESPONDENT], and [RESPONDENT] , for the Respondent