A Legal Analysis of the Access to Court Record Policies of the Provincial and Territorial Courts of the Common Law Jurisdiction of Canada and Public Accessibility

The Supreme Court of Canada has recognized the importance of court openness to public confidence in the transparency and integrity of the administration of justice. These principles are promoted when the public and media have access to court proceedings, which also includes access to court records. Canadaâ s highest court has also recognized the importance of the Charter right of expression and the mediaâ s essential role in disseminating information about the courts to the public, which means accessibility to the courts and records. However, there is inconsistency within the access to court record policies of the provincial and territorial courts of the common law jurisdiction of Canada. While some policies may recognize the importance of court openness and public accessibility, they may not contain provisions that meaningfully adopt these principles. Moreover, there is much debate and hesitation when it comes to digitization of court records and public accessibility.LL.M