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Article 28 also states: > Any Tribunal award under this Part shall be publicly available, subject to the redaction of confidential information. > To the exten
by dleslie 6y ago
Article 28 also states:
> Any Tribunal award under this Part shall be publicly available, subject to the redaction of confidential information.
> To the extent necessary to ensure the protection of confidential information, including business confidential information, the Tribunal may hold portions of hearings in camera.
> To the extent that a Tribunal’s confidentiality order designates information as confidential and a Contracting Party’s law on access to information requires public access to that information, the Contracting Party’s law on access to information shall prevail. However, a Contracting Party should endeavour to apply its law on access to information so as to protect information designated confidential by the Tribunal.
Article 33 states:
> Nothing in this Agreement shall be construed to require a Contracting Party to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Contracting Party’s law protecting Cabinet confidences, personal privacy or the confidentiality of the financial affairs and accounts of individual customers of financial institutions.
That's more than enough rope to hang public access.
- jcranmer 6y agoHave you never seen regular court documents that are redacted or even sealed to protect confidential information? That clause is basically saying the tribunal has the power to do that.
- dleslie 6y agoYes, I have; often the document is redacted to the point of being worthless for public consideration. IE: https://www.cbc.ca/news/politics/commons-law-clerk-we-charity-redactions-1.5702588 https://www.cbc.ca/news/politics/commons-law-clerk-we-charit...