D.F. v. Children’s Aid Society of Hamilton, 2010 HRTO 1234

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

D.F. Applicant

-and-

The Children’s Aid Society of Hamilton, Andrea Nicol and Judy Blair Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: June 2, 2010 Citation: 2010 HRTO 1234 Indexed as: D.F. v. Children’s Aid Society of Hamilton

1This Interim Decision addresses the applicant’s request to hire a court reporter at his own expense to record the proceedings. The respondents opposed the request unless the applicant committed to ordering a copy of the transcript and other conditions. The Hearing is scheduled for June 3, 2010. The content of this Interim Decision were communicated to the parties by Registrar letter on June 1, 2010.

2The Tribunal’s Practice Direction on Recording Hearing states:

The Tribunal does not normally record or transcribe its proceedings. The Tribunal will record the hearings when it is necessary to accommodate Code-related needs of the panel, a party or a representative who would otherwise be unable to participate in the hearing. Please contact the appropriate Registrar as soon as possible if you require accommodation.

Electronic recording or transcription of the hearing is subject to the discretion of the Tribunal and to any terms set by the Tribunal.

Self-recording and Transcription

Parties may record hearings using their own equipment and transcribe those recordings at their own expense with the consent of the panel. Such recordings do not form part of the Tribunal's record of proceedings including the record filed in respect of any appeal or application made under the Judicial Review Procedures Act.

Use of a Court Reporter

The Tribunal may permit a party to have a court reporter record the hearing at the party's expense. Where the court reporter produces an official transcript the Tribunal will require the party to provide copies to the panel and the other parties. Where an official transcript is provided to the panel and other parties it will normally be considered part of the Tribunal's record of proceedings and may be included in the record filed by the Tribunal in respect of any appeal or application made under the Judicial Review Procedures Act.

3The Tribunal retains the discretion to permit a party to retain the services of a court reporter to record the hearing. In some cases the Tribunal has exercised this discretion on condition that the applicant orders a copy of the transcript and provides a copy of the transcript to the parties and the Tribunal. See Segal v. Toronto (City), 2009 HRTO 1907; Clennon v. Toronto East General Hospital, 2009 HRTO 1242.

4The applicant seeks to be exempt from this requirement in this case on the basis that the cost of ordering the transcript is prohibitive. In the particular circumstances of this case, I am not persuaded that I should exercise my discretion to require the applicant to pay for the cost of transcribing the court reporter’s recording.

5However, I am persuaded that some conditions should be imposed on the retention of the court reporter. The applicant has stated that he wishes to retain the services of a court reporter in order to ensure the possibility of ordering a transcript at some point in the future (should his finances permit) for the following reasons:

• to educate his children about how the respondents destroyed his family;
• to advise the media how the respondents conduct themselves;
• to inform the Ministry of Community and Social Services of the proceedings in order to prompt the government to alter legislation;
• to inform the Multiple Sclerosis Society of Ontario of how the respondents treat persons with multiple sclerosis;
• to assist the applicant in writing a book about these proceedings.

6I am not satisfied that any of these purposes justifies the retention of a court reporter and I am concerned that the applicant does not understand his obligation as a party to this proceedings not to abuse the Tribunal’s process or to use the Tribunal’s process for collateral purposes. The Tribunal’s discretion to permit a party to retain a court reporter will be exercised when the retention of the court reporter serves the purpose of furthering the Tribunal process.

7Therefore, the applicant’s request to retain a court reporter is granted, subject to the applicant agreeing to the following undertaking at the Hearing:

1. No portion of the court reporter’s recording is to be played back at the hearing.
2. No portion of the court reporter’s recording is to be played to any person who is not a party or counsel (including representative) in this Application.
3. If the applicant orders a transcription from the court reporter, he shall forthwith advise the Tribunal and the respondents and provide a copy to each as soon as the transcription is prepared. The applicant is not required to have a transcription made.
4. Any court reporter’s recording is to be used solely for conduct of the hearing, and no portion will be broadcast or posted publicly, or provided to anyone who is not a party or representative at the hearing. No transcript is to be provided to anyone who is not a party or representative at the hearing.
5. The Tribunal retains the right to halt the court reporter’s recording n the event that it causes delay or disruption.

8The adjudicator will determine whether the evidence of the applicant’s witness should be permitted. The applicant is directed to have this witness available to testify by telephone.