3.11 The Tribunal may make an order to protect the confidentiality
of personal or sensitive information where it considers it
appropriate to do so.
3.11.1 Unless otherwise ordered, the Tribunal will use initials in its
decisions to identify children under age 18 and the next
friend of children under 18. It may use initials to identify other
participants in the proceeding if necessary to protect the
identity of children.^147
Rule 3.11.1 has been interpreted by the HRTO as an automatic anonymization of
the name of a child applicant and his/her next friend.^148 The HRTO has ordered
the anonymization of individuals, in addition to the child and next friend, when
demonstrated that there is a vulnerability to stigma.^149
The onus to justify a publication ban however, is more onerous than
that of justifying anonymization.^150 A publication ban involves placing
“restrictions on what others may do and directly infringes their
expressive freedom”.^151
- Expedited Process
A request to the HRTO to expedite proceedings may be appropriate in some
cases. The HRTO Rules of Procedure at Rule 21.1 allows for requests to
expedite proceedings in urgent circumstances requiring an urgent resolution.^152
The test to meet however is high.^153
(^147) Human Rights Tribunal of Ontario, Rules of Procedure, July 2010, Rule 3.11, online: HRTO <
http://www.hrto.ca.wsd16.korax.net/hrto/sites/default/files/whats%20new/section%2034%20rules
%20- 148 %20english.doc>. See also Statutory Powers Procedure Act, RSO 1990, c S-22, s 9.
149 TB v Halton District School Board, 2013 HRTO 304 at para 12.^
See CM v York Region District School Board, 2009 HRTO 735 at paras 25, 26; TS v Toronto
District School Board, 2010 HRTO 176 at paras 10, 11; 150
CM v York Region District School Board, 2009 HRTO 735 at paras 22-25; TS v Toronto
District School Board 151 2010 HRTO 176 at paras 13, 14.
152 CM v York Region District School Board, 2009 HRTO 735 at para 25.^
153 Supra note 144, Rule 21.1.^
Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53 at para 9.