What is the test for limiting the right to publication of a human rights case?
British Columbia, Canada
The following excerpt is from Bidulka v. Randall and Aussie Cuts, 2004 BCHRT 385 (CanLII):
Thus, it is fundamental that human rights proceedings are held in public and are open to the public in a meaningful way, subject only to limited exceptions: Krantz v. Sojourn Housing Co-operative, 2004 BCHRT 14, at para. 18. Therefore, the burden is on the party seeking to limit the right to publication to justify the limitation. In my view, the respondents have not met this burden.
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