Lepine and Lepine (on behalf of A.B.) v. Correctional Service Canada

Lepine and Lepine (on behalf of A.B.) v. Correctional Service Canada

The Tribunal granted the confidentiality and anonymization order because disclosure of the minor's identity and the medical records of the complainant and minor posed a real and substantial risk of undue harm to privacy and dignity, the requested measures are necessary and minimally impair the open court principle, and the privacy interests outweigh the negative effects of restricting public access.

Citation
2024 CHRT 98
Parties
Complainant: Amanda Lepine; Complainant (on Behalf of Minor): Amanda Lepine (on behalf of A.B.); Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada; Interested Party: West Coast LEAF
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 August 2024
Procedural Posture
Canadian Human Rights Tribunal Confidentiality Motion Arising From Human Rights Complaint / Ruling
Outcome
Motion granted; confidentiality and anonymization order issued
Legal Topics
Confidentiality Orders, Anonymization, Open Court Principle, Medical Records, Protection of Minors
Source Language
English
Human Rights Law Administrative Law Privacy Law Corrections Law Confidentiality Orders Anonymization Open Court Principle Medical Records +1 more

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Parties

Amanda Lepine

Complainant

Amanda Lepine (on behalf of A.B.)

Complainant (on Behalf of Minor)

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

West Coast LEAF

Interested Party

Procedural Posture

Canadian Human Rights Tribunal Confidentiality Motion Arising From Human Rights Complaint / Ruling

Legal Issues

  1. 1 Whether a confidentiality/anonymization order should be granted under section 52 of the CHRA
  2. 2 Whether disclosure of the minor's identity and medical records would cause undue hardship or other substantial risk
  3. 3 Whether the confidentiality order is necessary and minimally impairing in light of the open court principle

Ratio Decidendi

The Tribunal granted the confidentiality and anonymization order because disclosure of the minor's identity and the medical records of the complainant and minor posed a real and substantial risk of undue harm to privacy and dignity, the requested measures are necessary and minimally impair the open court principle, and the privacy interests outweigh the negative effects of restricting public access.

Court Disposition

Motion granted; confidentiality and anonymization order issued

Orders

  • The minor child's name is confidential and the child shall be identified only as A.B. in all proceedings and documents.
  • Identifying information for A.B. is confidential and must be redacted from the public record; parties shall implement ordered redactions when filing documents.