[2011] 3 F.C.R. D-9
Broadcasting
Judicial review of decision by Canadian Human Rights Tribunal refusing to allow applicant television camera access to Tribunal proceedings regarding complaint alleging inequitable funding of child welfare services on First Nations reserves—Tribunal noting inter alia that broadcasting of proceedings risking integrity of proceedings, efficacy of witness exclusion orders—Whether Tribunal’s decision reasonable—Applicant submitting detailed proposal to obtain television footage of proceedings, committing to establish with Tribunal guidelines respecting dignity, integrity of proceedings—Open to Tribunal to engage in discussion with applicant concerning proposal—However, Tribunal decision made without regard to applicant’s proposal—Tribunal failing to explain why total ban on broadcasting necessary—No evidence herein that privacy interests at stake in human rights complaint subject of broadcasting proposal—Proposed witnesses not survivors of child welfare system—Testimony, submissions focussing on known public policies—Human rights interests of people living on reserves in observing proceedings more direct than those of general public observing criminal trial—Tribunal’s decision falling short of standard of justification, transparency, intelligibility—Application allowed.
Aboriginal Peoples Television Network v. Canada (Canadian Human Rights Commission) (T-1008-10, 2011 FC 810, Lutfy C.J., judgment dated June 30, 2011, 14 pp.)