Back to Practice Notes

Practice Note #8 –
Open Court Principle and Privacy Concerns

Adobe icon Practice Note #8 – Open Court Principle and Privacy Concerns PDF (161KB)

1. Purpose

The purpose of this Practice Note is to explain the Tribunal’s position regarding the open court principle and the respect for privacy.

2. Background

The Tribunal adopts the open court principle under which the documents submitted and its hearings are public. Under Rule 7 of the Rules of the Review Tribunal (Canada Agricultural Review Tribunal), the Tribunal ensures that the decisions it renders are accessible to everyone in both official languages.

Despite this principle, the Tribunal may order that a document not be made public or that a hearing be held in a closed session when a party makes such a request in specific circumstances, for example, to protect trade secrets or for the respect of privacy.

3. Statement

All documents filed with the Tribunal are public. This means anyone may access these documents unless the Tribunal orders that certain documents or parts of those documents are confidential.

A party who wishes to obtain a confidentiality order or to have an in camera hearing must submit a request to the Tribunal in writing. The request must clearly indicate the reasons that support such an order.

A person who requests copies of documents from the Tribunal is responsible for the costs. The fees payable per copy are based on Tariff A of the Federal Courts Rules.

The Tribunal makes all its decisions and orders available in full to the public on its website, in both official languages.

4. Approval

Practice Note #8 is approved by the Tribunal’s Chairperson on September 28th, 2020.

Luc Belanger signature

Luc Bélanger
Canada Agricultural Review Tribunal