We’re Coming!

The CHRC lost its request.:

 [10] More significantly, however, having now had the benefit of considering the question in circumstances different than those in which I was placed on the morning of May 9, 2008, I am not persuaded that the witnesses are exposed to a real and substantial risk that undue hardship will be caused to the persons involved, as contemplated in s. 52(1)(c) of the Act, nor that there is a serious possibility that the life, liberty or security of a person will be endangered, as contemplated by s. 52(1)(d) of the Act. The excerpts from the Internet cited by the Commission in its submissions do not, in my view, satisfy these criteria. They are indicative of no greater risk than that which has been suggested in the past by comments addressed to other participants in this and other s. 13 cases, including counsel, Tribunal members and staff, and the parties themselves.

[11] I am therefore rescinding the order. The hearing will be conducted in public, as mandated by s. 52(1) of the Act. I would note for the record that the Commission is mistaken in its submissions that the order came about pursuant to my ruling of May 7, 2007, which had merely excluded cameras from the Tribunal premises. That ruling preceded the exclusion order. No request has been made for me to revisit the May 7th ruling and as a result, cameras will remain excluded from the Tribunal’s premises.

Now, we all get to look Dean Stacey in the face in person.

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