2 Office of the Saskatchewan Information and Privacy Commissioner. Best Practices for Administrative Tribunals When Publishing Decisions. Updated February 2025. Best Practices for Administrative Tribunals When Publishing Decisions The proceedings of administrative tribunals often involve sensitive issues such as alleged wrongdoings and traumatizing incidents. Personal information/personal health information can be disclosed during such proceedings. Administrative tribunals may publish decisions or notices of hearings publicly, such as on their websites. This may be because they have a statutory obligation to post decisions. They may also post decisions to help the public understand the tribunal’s role and how it decides cases. Reading decisions is a good way for citizens to better understand their own rights or the operations of the tribunal. Publishing decisions, then, can be an effective way for an administrative tribunal to be open, accountable and transparent. Written decisions that are published may contain personal information/personal health information, which can have implications for those named or referred to in the decision. Everyone has access to a decision that an administrative tribunal makes public. If a decision contains personally identifying information, the public can take that information out of context. In such cases, individuals may lose control over how their personal information/personal health information is used or where it is shared, such as by the media or on social media. Individuals may also be exposed to harms including identity theft and reputational damage. Administrative tribunals should consider how to minimize such risks when publishing decisions. Publishing a decision will not be the same for every administrative tribunal, and how the individual tribunal posts its decision may vary depending on the circumstances. These guidelines will help administrative tribunals consider how they publish decisions and how privacy laws may apply. The Open Court Principle and Administrative Tribunals According to the open court principle, the courts should be open to public scrutiny to ensure the proper administration of justice. The Supreme Court of Canada has clearly articulated the public’s right to access the courts except in certain circumstances, such as if there is a publication ban (Sherman Estate v. Donovan, [2021] SCJ No 25 (QL)).
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