HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Persévérance Mayer
Applicant
-and-
Le Nouveau Parti démocratique du Canada and Ian McMahon
Respondents
INTERIM DECISION
Adjudicator: Josée Bouchard
Indexed as: Mayer v. Nouveau Parti démocratique du Canada
WRITTEN SUBMISSIONS
Le Nouveau Parti démocratique du Canada and Ian McMahon, Respondents
George Vuicic, Counsel
1The applicant filed her Application on December 11, 2015 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of race, colour, ethnic origin, sex, sexual solicitation, association with a person identified by a prohibited ground and reprisal or threat of reprisal.
2The Tribunal issued a Case Assessment Direction on June 8, 2015, directing the applicant to provide written particulars of her allegations.
3On June 22, 2015, the applicant provided the requested written particulars (the “written particulars”). On January 11, 2016, the respondents filed a Request for an Order During Proceedings (“RFOP”) seeking a confidentiality order with respect to certain personal information of third parties contained in the applicant’s written particulars.
4The applicant did not file a response to the RFOP.
Analysis and Decision
5The respondents seek an order redacting a document from the submissions and an order that this information not be disclosed in written decisions. The information consists of the list of executive members of the Nouveau Parti démocratique du Canada`s (“NPD”) 2014 federal Ottawa-Vanier riding, filed by the applicant to show that she was a member of that executive. The document includes the names, addresses, email addresses and phone numbers of the executive members. The respondents argue that the information is both personal in nature and irrelevant to the issues in dispute.
6I find that the document entitled “Ottawa-Vanier 2014 Federal Executive Members – Ottawa-Vanier 2014 membres de l’Exécutif fédéral ” (“the Document”) filed in the written particulars contains personal information that is not arguably relevant to the Application. I also note, however, that the Application indicates that the applicant was a member of the executive of the NPD’s federal Ottawa-Vanier riding and that the personal respondent was its president. The parties have not contested that information and I find that information relevant to the Application. That information may be referred to notwithstanding my order to redact the Document.
7Rule 3.11 of the Tribunal’s Rules of Procedure provide:
The Tribunal may make an order to protect the confidentiality of personal or sensitive information where it considers it appropriate to do so.
8The Tribunal has redacted personal information such as names, home and email addresses, and phone numbers to protect parties’ privacy interests. See Manning v. Toronto Police Services Board, 2013 HRTO 1887 (redaction of applicant’s email and home address); Ferron v. 1580684, 2015 HRTO 1310 (redaction of police identifier codes, officer’s notebook notes pertaining to unrelated matters, and detailed personal information and identifiers of non-parties); and McKinnon v. Ontario (Correctional Services), 2010 HRTO 2002 (redaction of addresses of respondent’s personnel).
9The Tribunal has also ordered the redaction of personal information when the information is not relevant to the dispute or is about non-parties to the proceeding. See White v. University of Ottawa, 2009 HRTO 1491 and Kreiger v. Toronto Police Services Board, 2009 HRTO 1896.
Order
10I order that the document entitled “Ottawa-Vanier 2014 Federal Executive Members – Ottawa-Vanier 2014 membres de l’Exécutif federal”, which was filed in the written particulars, be redacted from the submissions and not disclosed, either orally or in writing, during this proceeding, including in any written or oral decisions. Reference may be made to the fact that the applicant was a member of the executive of the corporate respondent’s Ottawa-Vanier 2014 riding and that the personal respondent was its president.
11The parties may make further submissions on this matter at the hearing.
Dated at Toronto, this 10th day of August, 2016.
“Signed By”
Josée Bouchard
Vice-chair