The Charter of Human Rights and Freedoms 1 and the Civil Code of Québec specifically recognize a person’s right to privacy as well as his or her right to the safeguard of his or her dignity, honour and reputation. These laws also recognize the public nature of hearings before a tribunal, wherever they may be held, unless the tribunal decides to sit in camera in the interest of morality or public order or where family matters are involved.
The Civil Code of Québec and the various statutes respecting the protection of personal information recognize the principle of confidentiality of information about a natural person and which enables this person to be identified.
What happens to the person’s right to privacy when he or she is forced to take legal action before the courts of civil jurisdiction to exercise or assert his or her rights? Does he or she necessarily waive the possibility of maintaining the privacy of the situation that brings him or her into the spotlight?
