Lafrenière v. Via Rail Canada Inc.

Lafrenière v. Via Rail Canada Inc.

Motion dismissed because the complainant failed to identify specific documents and facts demonstrating a real and substantial risk of undue hardship from disclosure that would outweigh the strong public interest in open hearings; Tribunal will instead redact sensitive personal identifiers and release the records unless stayed by judicial review.

Citation
2017 CHRT 38
Parties
Complainant: Serge Lafrenière; Commission: Canadian Human Rights Commission; Respondent: Via Rail Canada Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
11 December 2017
Procedural Posture
Canadian Human Rights Act Complaint / Preliminary Motion (section 52 Confidentiality)
Outcome
Motion dismissed; confidentiality order refused
Legal Topics
Confidentiality Orders, Section 52 CHRA, Access to Information, Disclosure of Records, Disability Discrimination
Source Language
English
Human Rights Administrative Law Privacy and Access to Information Confidentiality Orders Section 52 CHRA Access to Information Disclosure of Records Disability Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Serge Lafrenière

Complainant

Canadian Human Rights Commission

Commission

Via Rail Canada Inc.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Preliminary Motion (section 52 Confidentiality)

Legal Issues

  1. 1 Whether s.52(1)(c) CHRA justifies a confidentiality order for all documents on the Tribunal record
  2. 2 Whether the complainant established a real and substantial risk of undue hardship from disclosure
  3. 3 Whether the Access to Information Act and Privacy Act apply to the Tribunal

Ratio Decidendi

Motion dismissed because the complainant failed to identify specific documents and facts demonstrating a real and substantial risk of undue hardship from disclosure that would outweigh the strong public interest in open hearings; Tribunal will instead redact sensitive personal identifiers and release the records unless stayed by judicial review.

Court Disposition

Motion dismissed; confidentiality order refused

Orders

  • Documents subject to the third party access request shall be made accessible within 30 days of the date of the decision unless a judicial review application stays release
  • Personal and very sensitive information (dates of birth, home addresses, personal email addresses, personal telephone numbers, government‑issued ID numbers) shall be struck from the documents before disclosure