K.B. and T.M. v. Toronto District School Board et al
From Ad IDEM / CMLA
May 3, 2006
This is a decision from the Divisional Court dealing with the issue of openness of judicial review applications where Ontario student records -- which are privileged and confidential under the Education Act -- are in evidence and where ss. 110 and 111 of the Youth Criminal Justice Act apply to impose a publication ban on the identity of the applicants on the judicial review and certain young persons referred to in the court file. The Toronto District School Board had argued that having regard to the Education Act provisions creating a privilege and imposing confidentiality and the provisions of the Youth Criminal Justice Act, the entire court file on the judicial review ought to be sealed. Justice Chapnik rejected this submission and made it clear that the Dagenais/Mentuck analysis governs. This is the first decision ever on the relationship between the Education Act provisions on privilege and confidentiality and the principle of open courts.
Submitted by: Tony Wong