For example, in the compensation ruling, the Tribunal weighed difficulties of establishing a process versus the risk to revictimize children: Furthermore, the impracticalities and the risk of revictimizing children outweigh the difficulty of establishing a process to compensate all the victims/survivors and the need for the evidence presented of having a child testify on how they felt to be separa. [...] The Assembly of First Nations, the Chiefs of Ontario and the Nishnawbe Aski Nation [22] The AFN, the COO and the NAN all have decided not to file submissions on the confidentiality order requests. [...] The individuals’ initials, coupled with specific reference to details including the name of the ceremonies and the information filed by the Caring Society in their materials, may lead an informed reader to make a deduction as to the individual’s identity and the 17 identity of the children involved in the Jordan’s Principle request. [...] Moreover, the order will not prevent members of the public and the media from 19 understanding the matter or accessing the evidence and other information in the Tribunal record except the initials. [...] Moreover, the order will not prevent members of the public and the media from understanding the matter or accessing the evidence and other information in the Tribunal record except the initials.
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Table of Contents
- Canadian Human 1
- Rights Tribunal 1
- Tribunal canadien des droits de la personne 1
- Citation Date File No. 1
- Between 1
- First Nations Child and Family Caring Society of Canada 1
- - and - 1
- Assembly of First Nations 1
- Complainants 1
- - and - 1
- Canadian Human Rights Commission 1
- Commission 1
- - and - 1
- Attorney General of Canada 1
- Representing the Minister of Indigenous and Northern Affairs Canada 1
- Respondent 1
- Ruling 1
- Members 1
- Table of Contents 2
- Ruling on a confidentiality order request pursuant to section 52 of the Canadian Human Rights Act 3
- I. Context 3
- II. An important consideration in this case 4
- III. The request for confidentiality orders is granted in part 6
- IV. Parties submissions 6
- A. The Attorney general of Canada AGC representing Indigenous Services Canada ISC 6
- B. The Caring Society 9
- C. The Assembly of First Nations the Chiefs of Ontario and the Nishnawbe Aski Nation 9
- D. The Canadian Human Rights Commission the Commission 9
- V. Applicable Law 11
- VI. Confidentiality order requests 15
- A. Category 1 Paragraph 24 of Ms. St-Aubins Affidavit 15
- B. Category 2 Paragraph 23 of Ms. St-Aubins Affidavit 18
- C. Category 3 Paragraphs 20-22 and Exhibit A of Ms. St-Aubins Affidavit 21
- D. Category 4 Exhibit C of Dr. Gideons affidavit 23
- 86 The Confidentiality order is denied 25
- E. Category 5 Exhibit E in Dr. Gideons affidavit 25
- 105 The Confidentiality order is denied 29
- VII. Order 29
- A. Timeline 30
- Canadian Human Rights Tribunal 31
- Parties of Record 31
- Motion dealt with in writing without appearance of parties 31
- Written representations by 31