Section 52 Canadian Human Rights Act

Section 52 Canadian Human Rights Act 1985 is about Hearing in public subject to confidentiality order. It is under Inquiries into Complaints of Part III (Discriminatory Practices and General Provisions) of the Act.

Hearing in public subject to confidentiality order

(1) An inquiry shall be conducted in public, but the member or panel conducting the inquiry may, on application, take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry if the member or panel is satisfied, during the inquiry or as a result of the inquiry being conducted in public, that

(a) there is a real and substantial risk that matters involving public security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public;

(c) there is a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(d) there is a serious possibility that the life, liberty or security of a person will be endangered.

Confidentiality of application

(2) If the member or panel considers it appropriate, the member or panel may take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).

See also:

– Section 51 Canadian Human Rights Act (Duty of Commission on appearing)

– Section 50 Canadian Human Rights Act (Conduct of inquiry)