A.D. v. Children’s Aid Society of Hamilton, 2011 HRTO 473

Human Rights Tribunal of Ontario

B E T W E E N:

A.D.

Applicant

-and-

The Children’s Aid Society of Hamilton

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: March 7, 2011

Citation: 2011 HRTO 473

Indexed as: A.D. v. Children’s Aid Society of Hamilton

1This Interim Decision deals with the respondent’s Request for Order (Form 10) in which it asks for: (1) an order that it may list and produce documents in a redacted form; and (2) an order to seal the documents in this proceeding, so that they are not available to the public or distributed to any person (except legal counsel), without further order of the Tribunal.

2The applicant alleges he was discriminated against on the basis of race, ancestry, ethnic origin and reprisal by the respondent, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant is the father of children who are in the care of the respondent. He alleges that in his interactions with the respondent are influenced by his race, ancestry and ethnic origin, and that when he complained about this, he was subject to reprisal. The respondent has filed a Response denying the allegation.

3The respondent takes the position that the documents must be redacted and sealed by virtue of s. 45(8) of the Child and Family Service Act, R.S.O. 1990, c, C.11, as amended, which states:

No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.

4The applicant, although served with the respondent’s Request for Order, did not file response submissions.

5In light of the provisions in s. 45 of the Child and Family Services Act, as well as the privacy interests at stake in this Application, the respondent’s requested orders set out in its Form 10 are entirely appropriate. With respect to the Form 10, the Tribunal orders:

a. The respondent may list and produce documents in a redacted form to prevent the identification of the applicant’s children and other members of the family of those children, except the applicant; and

b. The documents in this proceeding that identify the applicant or his family will be sealed, so that they are not available to the public or distributed to any person (except legal counsel), without further order of the Tribunal.

6To make these orders meaningful, it is also necessary to ensure the identity of the applicant and his children are not revealed in any decisions of this Tribunal. Accordingly, the Tribunal has substituted the applicant’s initials for his name in the style of cause.

7I am not seized of this matter.