17. Media access

The hearings of a quasi-judicial tribunal are public in nature. In practice, the public very rarely attends a Board of Referees hearing. In very exceptional cases, members of the media may wish to attend. Normally, one of the parties to the appeal has advised them of the time, date and place of the hearing and invited them to attend.

According to the Canadian Charter of Rights and Freedoms, and the Federal Court's decision in  T-1588-87, the media have the right to attend any hearing of an administrative tribunal and, therefore, any hearing of a Board of Referees. However, a ban on publication might be justified given the "competing or counter-balancing rights or interests" raised by the claimant, employer or other person subject to a Commission decision.

Whenever the right of the media to cover a particular hearing is challenged, it is incumbent on the chairperson (in accordance with the provisions of subsection 80(7) of the Regulations) to determine whether the proceedings will be held in the presence of the media. The chairperson advises the parties that they have a reasonable period to present their arguments and then decides to allow or deny access.

Once the chairperson's decision is communicated to the parties, they are at liberty to challenge that decision before the Federal Court.