Can I keep my private medical details out of a public hearing?

The situation

I am currently living in Canada and dealing with a very difficult situation regarding my former employer. Back in January of last year, I was let go from my job after I requested a special programme for my chronic health condition. I believe this was discriminatory, so I filed a formal complaint about a year ago. Now, I have been told that the inquiry into my case is going to be held in public. My biggest worry is that during this process, I will have to share very sensitive medical records and details about my mental health to prove my case. If these details become public knowledge, I am terrified it will cause me undue hardship and ruin my reputation when I try to find new work. I have already tried speaking to the person handling my file, but they just said the standard procedure is to have hearings in public so everyone can see what is happening. I am not looking to hide the whole thing, but I desperately need to know if there is any way to make sure my private health information stays confidential and isn't shared with the general public during the proceedings. Is there a way to request privacy for my personal matters?

Detailed Analysis

While it is true that hearings are generally open to the public, you have a legal mechanism to protect your privacy. Under the Canadian Human Rights Act, an inquiry is typically conducted in public, but the person or group in charge of the inquiry has the power to protect sensitive information^[1].

Specifically, the law allows the member or panel to "take any measures and make any order that the member or panel considers necessary to ensure the confidentiality of the inquiry"^[1]. This means they can create rules to keep certain parts of the process private.

To succeed in your request, you must show that there is "a real and substantial risk that the disclosure of personal or other matters will cause undue hardship to the persons involved such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public"^[1]. In your case, you would need to argue that making your chronic health condition and mental health records public would cause you significant difficulty, such as ruining your reputation or making it impossible to find new work.

Other laws, such as the Canada Labour Code, also allow for confidentiality orders if there is a risk to public security or fairness, or if a person's life or liberty is endangered^[2]. However, the Canadian Human Rights Act specifically mentions 'undue hardship' regarding personal matters, which directly addresses your fear of professional damage.

It is important to note that the decision to grant privacy is not automatic. The panel must decide if your need for privacy is more important than the public's right to see how the inquiry is being handled. The law does not guarantee privacy, but it provides a formal way to ask for it.

Statutory Citations

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