Archived - Decision: 09-007 Canada Labour Code Part II Occupational Health and Safety

Procedural order for an in camera hearing

For the appellant 
Neil McGraw, Counsel, Treasury Board Legal Services

For the respondent 
Sergeant Scott Warren, Staff Relations Representative

whereas the RCMP has appealed the direction issued by Health and Safety Officer Martin W. Davey on July 11, 2008 at Vancouver, British Columbia;

 and whereas the appellant, through its counsel, Mr. McGraw, seeks an Order from the Appeals Officer that the appeal be held in camera as it involves analysis of police security techniques and methods;

 and whereas the respondent, through its representative, Sergeant Warren, submits that an in-camera hearing would deny the participatory rights of all parties involved pursuant to the Canada Labour Code, Part II;

 and whereas Sergeant Warren further submits that an open hearing would not compromise an active RCMP operation;

 and whereas it is stated in paragraph 146.2(h) of the Canada Labour Code, Part II;

146.2 For the purposes of a proceeding under subsection 146.1(1), an appeals officer may

(h) determine the procedure to be followed, but the officer shall give an opportunity to the parties to present evidence and make submissions to the officer, and shall consider the information relating to the matter;

 and whereas the Appeal Officer is of the opinion that an open hearing is not essential in maintaining the participatory rights of all parties involved pursuant to the Canada Labour Code, Part II;

 and whereas the Appeals Officer recognizes that this case would disclose sensitive police security techniques and methods;

the Appeals Officer orders that:

1. The hearing will be held in camera for the case under appeal.
2. Any evidence adduced in camera and any written submissions are expressly prohibited from disclosure. This includes evidence in support of Health and Safety Officer Davey's testimony.

Issued at Ottawa this 18^th day of February, 2009.

Michael Wiwchar 
Appeal Officer