Archived - Decision: 09-018-I Canada Labour Code Part II Occupational Health and Safety

Procedural order for an in camera hearing

For the appellant 
Richard Fader, Counsel: Treasury Board Legal Services

For the respondent 
Bijon Roy, Counsel: Raven, Cameron, Ballantyne & Yazbeck LLP/ s.r.l.

whereas the Public Health Agency of Canada has appealed the direction issued by Health and Safety Officer McKeigan, on December 17, 2008.

 and whereas the appellant, through its counsel, seeks an Order from the Appeals Officer that the appeal be held in camera as it involves questions dealing with National Security;

 and whereas the Appeals Officer recognizes that this case could disclose sensitive materials dealing with issues of National Security;

 and whereas the respondent, does not oppose the request;

 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;

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 by anyone participating and assisting to these procedures. This includes evidence in support of Health and Safety Officer McKeigan's testimony.

Issued at Ottawa this 19th day of May, 2009.

Richard Lafrance 

Appeals Officer