RULE 4A
Access to Court Records

Analysis

              RULE 4A
ACCESS TO COURT RECORDS

  4A.01   Confidentiality orders

Confidentiality orders

4A.01 (1) Subject to subrule (5), the Court may, on application or on its own motion, make an order

             (a)  sealing a court document or an exhibit filed in a proceeding;

             (b)  restricting access to the sound recording of all or part of a proceeding;

             (c)  restricting publication of some or all information about a proceeding;

             (d)  permitting a person referred to in a document to be identified by a pseudonym; or

             (e)  otherwise providing for the confidentiality of the court record.

             (2)  A person may, when applying for an order under subrule (1), make a written request to a judge, on an ex parte basis, for an interim order for relief under subrule (1).

             (3)  Subject to subrule (5), the Court may, upon receipt of a written request for an interim order, make an order restricting access to the record of the application, and to any other record sought to be made the subject of the order, for such time as is required to give notice of the application and bring the application to a hearing.

             (4)  Subject to subrule (5), the Court may extend the time provided by an interim order made pursuant to subrule (3), and the judge who hears an application for an order pursuant to subrule (1), may give directions about access to the records in issue pending determination of the application.

             (5)  The Court may only make an order pursuant to this rule where it is satisfied that it is in accordance with law to do so, including s. 2(b) of the Canadian Charter of Rights and Freedoms and the open court principle.

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