Rizzo v. Air Canada

Rizzo v. Air Canada

The Tribunal granted redaction of specific personal identifiers (address, date of birth, phone number, social insurance number and health card number) because those are routinely redacted and no public interest required disclosure, but refused anonymization and broader confidentiality because the applicant failed to specify which documents/parts warranted protection or to provide evidence of a real and substantial risk of undue hardship to justify departing from the open court principle.

Citation
2024 CHRT 90
Parties
Complainant: Sabrina Rizzo; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 July 2024
Procedural Posture
Human Rights Complaint (disability) / Ruling on Anonymization and Confidentiality Motion
Outcome
Motion accepted in part; limited confidentiality order granted for specified personal identifiers; anonymization and other confidentiality requests denied
Legal Topics
Anonymization, Confidentiality Orders, Open Court Principle, Undue Hardship, Disability Discrimination
Source Language
English
Human Rights Law Administrative Law Privacy/confidentiality Anonymization Confidentiality Orders Open Court Principle Undue Hardship Disability Discrimination

Case Brief

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Parties

Sabrina Rizzo

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Human Rights Complaint (disability) / Ruling on Anonymization and Confidentiality Motion

Legal Issues

  1. 1 Whether an anonymization order should be granted
  2. 2 Whether a confidentiality order should be granted for medical and other personal information
  3. 3 Whether the open court principle is outweighed by a real and substantial risk of undue hardship

Ratio Decidendi

The Tribunal granted redaction of specific personal identifiers (address, date of birth, phone number, social insurance number and health card number) because those are routinely redacted and no public interest required disclosure, but refused anonymization and broader confidentiality because the applicant failed to specify which documents/parts warranted protection or to provide evidence of a real and substantial risk of undue hardship to justify departing from the open court principle.

Court Disposition

Motion accepted in part; limited confidentiality order granted for specified personal identifiers; anonymization and other confidentiality requests denied

Orders

  • Redact the complainant's personal address from the Tribunal file and book of documents
  • Redact the complainant's date of birth from the Tribunal file and book of documents