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2023 FCA 166

This decision deals with the issue of whether the open court principle and s. 2(b) of the Charter applies to federal tribunals. In particular, it addresses whether CBC should have access to audio recordings from Parole Board of Canada hearings. While the FCA found that the open court principle does not apply to the Parole Board of Canada because it is not an adjudicative tribunal, it did grant CBC’s appeal and sent the matter back to the PBC for reconsideration, on the basis that the PBC’s analysis under s. 8(2)(m)(i) of the Privacy Act was unreasonable.