Here’s some commentary I submitted in support of my panel appearance on Wednesday at the above-named OBA conference.
It appears there are not too many fans of the Toronto Star decision among administrative tribunal practitioners, though the tribunals themselves seem to be more ambivalent. I’m among those who don’t like the policy implications of Toronto Star. For insight please read my commentary.
On Wednesday I spoke about the practical impact of practicing under truly presumptive, court-like openness in which no adjudicative decision (with due process rights) stands between a requester and a client’s filings. In short, it will invite the application of a new analysis prior to making any filing. What in here is confidential? Can I compromise – making my client’s case without it? At what cost? Is it better to seek a confidentiality order of some sort? At what cost? Does the media require notice of my motion? At what cost? Did I mention cost?
I encouraged tribunal staff in attendance to think about how critical a concern privacy has become and how individuals expect and are owed, at a minimum, due process. In my view requiring applications for access (made on notice) is a model for access that’s more consistent with the object of administrative justice – specialized, low cost, accessible justice.