History — 12.11

Inquiry in public 12.11 (1) Subject to subsections (2) and (3), an inquiry must be conducted in public. Confidentiality of inquiry (2) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that (a) there is a real and substantial risk that matters involving public security will be disclosed; (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or (c) there is a serious possibility that the life, liberty or security of a person will be endangered. Confidentiality of application (3) Where the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (2). 1998, c. 26, s. 2