Court records access

Page contents

1. How to access court records

a. Sealed files

b. Criminal (adult) and traffic

c. Criminal (youth)

d. Family

e. Small Claims

f. Intimate Images Protection Act

2. Audio recordings of proceedings (DARS)

a. Court order required

Purpose

This section explains generally who can access court records, and how to access court records. This policy does not affect a judge’s ability to make different decisions or orders about access in a specific matter.

For access to a court record not expressly addressed in this policy, you must apply to the Court for an order permitting access. A judge will determine whether to permit access or not.

Introduction: Link to application forms

1. How to access court records

If you are entitled to see a document in a court record under this policy, there are several ways you can access it.

In person

Go in person to the court registry where the case was filed and heard.

Some courthouses also have a public access terminal (a computer terminal in the courthouse that members of the public can use to see some court records and documents).

Court registry addresses and public access terminals

Fax or letter

Send a fax or letter to the court registry where the case was heard.

Court registry addresses and fax numbers

Court Services Online

Use Court Services Online to view certain criminal and small claims documents – there may be a fee.

Court Services Online

Online decision

Read a decision online.

Finding Judgments has information about how judgments are delivered, and how to find them

Order a transcript

Order a transcript that is publicly accessible (a written account of what was said).

Ordering transcripts

Accredited media see Access to Court Records by Secure File Transfer Protocol under Media in section 2(f).

Lawyers who have a right to see a court record may be able to access some court records electronically on the Access to Court Materials (ACM) platform so long as they are not sealed or otherwise restricted. Some of the court records available may include:

Family (Family Law Act and Child, Family and Community Service Act) pleadings, orders, court summary sheets, DARS (with log notes)
Criminal (Adult) Informations, records of proceedings, release orders and DARS (with log notes)
Criminal (Youth) Informations, records of proceedings, release orders and DARS (with log notes) for a limited period of time

Access to some material such as DARS requires lawyers to complete an undertaking. If access to DARS also requires a written authorization or court order, the lawyer may be directed to go to a registry for access.

Instructions for lawyers to access ACM

The person obtaining access to a court record must ensure they comply with any court orders related to the file, including publication bans or other legal restrictions. Liability for the use of court record information rests with the requester or user of the information.

a. Sealed files

No one may have access to a sealed court record or a sealed document within the court record unless the Court makes an order allowing access.

Introduction: Link to Application Forms

b. Criminal (adult) and traffic

The following policy provides direction regarding access to court record information in adult criminal proceedings and traffic court as applicable.

	Type of document	Access policy
1.	Affidavits	Only Crown counsel, defence counsel(1) and accused can access affidavits until after the matter is concluded in Provincial Court. After the matter has been concluded, affidavits are publicly accessible.
2.	Application made under Part VI of the Criminal Code (Formerly “Application for wire-tap”)	No access to application (section 187 Criminal Code).
3.	Applications for Orders	Only Crown counsel, defence counsel and accused can have access until after application is decided. See section in this table “Applications made under Part VI of the Criminal Code” for that policy.
4.	Bail Documents	Undertaking to Appear, Recognizance, Promise to Appear(2), Appearance Notice, Release Order are publicly accessible except in two situations: If someone was given a Promise to Appear or an Appearance Notice, and the Crown does not proceed with a charge, or a Justice of the Peace does not confirm process, then only Crown counsel, defence counsel and accused can have access. For Surety Applications and Affidavits of Justification, only the surety applicant and Crown counsel can have access.
5.	Bans on Publication	Access to a record subject to a publication ban is usually permitted; however, those who are given access are responsible for complying with the publication ban.
6.	Certification of Conviction	Publicly accessible except if a record suspension (also known as a pardon) is granted. If the accused has been granted a record suspension, then the section in this table “Record Suspension (Pardon)” applies.
7.	Court Lists	Publicly accessible. Criminal hearing lists are posted on Court Services Online and posted in the applicable courthouse. Court Services Online
8.	Court Orders	Publicly accessible, except for orders made Part VI of the Criminal Code (formerly called “wire-tap orders”). See section in this table “Applications made under Part VI of the Criminal Code” for that policy.
9.	Criminal Record of the Accused	Only Crown counsel, defence counsel, the accused, and the probation officer assigned to the matter can access. For absolute discharges, after one year from the date the person was discharged, there is no access to any person other than the accused or their counsel. For conditional discharges, after three years from the date the person was discharged, there is no access to any person other than the accused or their counsel. If the accused has been granted a record suspension (also known as a pardon), then the section in this table “Record Suspension (Pardon)” applies. If the criminal record of the accused has been entered as an exhibit, then the section in this table “Exhibits” applies.
10.	Exhibits	Only Crown counsel, defence counsel, and accused, are allowed access. If counsel files a Notice of Appeal, they have the same access rights as counsel of record in Provincial Court. The public and media may apply for access to view an exhibit using the Application to a Judge form (PCR 315) Application to a judge form Applications will generally be heard by: Presiding judge if the case is ongoing, or Regional Administrative Judge if no judge is currently assigned. If access is granted, the exhibit must be viewed under the supervision of court registry staff.
11.	Gladue Report and Letters	No access, unless otherwise ordered by Court.
12.	Information (charging document) including Ticket Informations and Certified Extracts of Tickets	Publicly accessible. The exception is that there is no access to private Informations unless otherwise ordered by Court.
13.	Judges’ Bench Books	No access.
14.	Letters of Reference and Other Correspondence not filed as Exhibits	Publicly accessible unless otherwise ordered by Court.
15.	Medical Report (including psychiatric report) Relating to an Accused	Only Crown counsel, accused, defence counsel and the probation officer assigned to the matter are allowed access, unless otherwise ordered by Court.
16.	Pardon	See section in this table “Record Suspension (Pardon)”.
17.	Presentence Report/ Probation Report	Only Crown counsel, defence counsel, accused, and the probation officer assigned to the matter are allowed access, unless otherwise ordered by Court. See section in this table “Gladue Report and Letters” for that policy.
18.	Pre-Trial Conference Records CRIM 12 Practice Direction	Only Crown counsel, defence counsel, and accused are allowed access to Pre-Trial Conference Report and Form 2, unless otherwise ordered by the Court.
19.	Production Orders to Third Parties (Sexual Offences)	For trials of sexual offences, an accused person may apply to the trial judge for an order requiring a third party to bring to court confidential records concerning the complainant or witness such as medical, psychiatric and education records. Sections 278.4 and 278.6 of the Criminal Code require the application proceedings to be heard in camera (in a closed courtroom with the public excluded). As a result, there is no public access to the documents filed in relation to the application or the hearing. Section 278.9 of the Criminal Code also imposes, depending on the circumstances, various publication bans in relation to the documents, evidence, and the judge’s determination and reasons.
20.	Production Orders under sections 487.014-487.018 of the Criminal Code	Production orders under sections 487.014-487.018 of the Criminal Code and the information on which the production order was issued are publicly accessible if all of the following conditions are met: The production order has been executed Documents or data have been produced There are no sealing orders or non-disclosure orders in force The offence alleged was not committed by a young person Executed production orders where nothing is produced If a production order has been executed and nothing is produced, the production order and information on which the production order was issued can only be inspected by: the holder of the documents or data or their authorized representative (upon presentation of identification and, if applicable, authorization confirming authorized representative of holder) accused person or their counsel Crown counsel if both of the following conditions are met: there are no sealing orders or non-disclosure orders in force the offence alleged was not committed by a young person. If sealing order made If there is a sealing order, a copy of that order is publicly accessible. A court order is required to access other records including the production order and the information on which the production order was issued. Public Access File If a judicial officer decides that production order documents can be viewed by the public: Photocopies are placed in a public access file, arranged by date, immediately after the determination. If the Information is long, only the first page(s) may be included, with full copies available on request. If multiple production orders resulted from one Information, all must meet the access criteria before any are added to the public access file. The public access file also includes copies of sealing orders. Any member of the public can view the public access file without having to make an application.
21.	Reasons for Judgment	Publicly accessible If reasons for judgment are published, they are available at CanLII. CanLII
22.	Record of Proceedings	Publicly accessible, unless in camera (proceedings were in a closed courtroom with the public excluded) or voir dire proceedings, then access is restricted to the accused, defence counsel and Crown counsel.
23.	Record Suspension (Pardon)	If the accused has received a record suspension (pardon), no access except to the person who is the subject of the record suspension, or counsel acting on their behalf. Contact the court registry for information on that process. Courthouse locations
24.	Recording Log notes (Court Clerk’s notes)	If a person is permitted to receive a copy of the audio recording of a hearing as set out in this policy (see “Audio Recordings of Proceedings (DARS)” in section 2 below) or ordered by the court, that person is also entitled to receive the Log Notes for that proceeding.
25.	Recording (audio) of Proceedings	See “Audio Recordings of Proceedings (DARS)” in section 2 below.
26.	Report to Crown Counsel / Circumstances Sheet	Access only to Crown counsel. (Note: With the exception of the court administrator’s copy of the first page, containing the accused’s name, date of birth and address, these reports should not be located in registry files.)
27.	Search Warrants and Related Documents	Search warrants, the information on which the warrant was issued, the Form 5.2 Report to a Justice, and documents created or filed under section 490 of the Criminal Code (such as applications and orders for further detention of things seized) are publicly accessible if all of the following conditions are met: The search warrant has been executed Something has been seized as demonstrated by submission of a Report to a Justice (Form 5.2) or the things seized have been brought before a Justice of the Peace There are no sealing orders in force The offence alleged was not committed by a young person Executed search warrants where nothing is seized After a search warrant has been executed, if nothing is seized, the warrant and information on which the warrant was issued may be inspected only by the person whose property was searched (upon showing identification confirming they live at the searched location), the accused or their counsel, and Crown counsel if both of the following conditions are met: there are no sealing orders in force the offence alleged was not committed by a young person If sealing order made If there is a sealing order, a copy of that order is publicly accessible. A court order is required to access other records such as the search warrant, the information on which it was issued, the Form 5.2 and documents created or filed under s. 490. Public Access File If a judicial officer decides that search warrant documents can be made available to the public: Photocopies are placed in a public access file, arranged by date, immediately after the determination. If the Information is long, only the first page(s) may be included, with full copies available on request. If multiple search warrants resulted from one Information, all must meet the access criteria before any are added to the public access file. The public access file will also include copies of sealing orders. Any member of the public can view the public access file without having to make an application. Seizures without a warrant If things are seized without a warrant, the Form 5.2 Report to a Justice and documents created or filed under section 490 of the Criminal Code are publicly accessible if both of the following conditions are met: there are no sealing orders in force the offence alleged was not committed by a young person If there is a sealing order for a warrantless search, a copy of that order is publicly accessible. A court order is required to access other records including the Form 5.2 and documents created or filed under s. 490.
28.	Summons	Publicly accessible.
29.	Transcripts	Access to transcripts If the court has a copy of a transcript it can only be accessed by Crown counsel, defence counsel, and the accused. Copies must be ordered. Copies of transcripts can be purchased by others, unless a court order restricts access. If a publication ban is in place: Anyone who wants to purchase a transcript where there is a publication ban must first obtain a court order. If an order is granted, the transcript must be clearly marked as being subject to a publication ban. When Correctional Service of Canada or the BC Parole Board request a transcript in a case with a publication ban: They do not need a court order. The transcript must be clearly marked as being subject to a publication ban, and there must be a standard letter describing the publication ban.
30.	Victim Impact Statements	Access only to: Crown counsel accused defence counsel victim Corrections officials who require access for preparation of presentence reports or parole hearings
31.	Warrants to/for Arrest	Publicly accessible.

c. Criminal (youth)

The Youth Criminal Justice Act (YCJA) contains a publication ban (section 110) and a ban on disclosure of information contained in a record that would identify a young person dealt with under the YCJA (section 118). Section 118 of the YCJA states:

Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act.

The public cannot access youth court files, unless a judge orders otherwise. The exceptions where access is permitted are:

The public can request access to the court file number, the next appearance date, and the custody status of an individual.
A person listed in section 119(1) of the YCJA (including the young person to whom the record relates, their counsel, their parents, Crown counsel, the victim…) for the period of time listed in section 119(2) of the YCJA and consistent with the YCJA, may have access to the court file.

Even when access is granted, the person cannot share the information further unless the disclosure is authorized under the YCJA (section 129).

Section 118 and certain other sections in Part 6 (Publication, Records and Information) of the YCJA also apply to proceedings respecting provincial offences alleged to have been committed by a young person. See section 4(1) of the British Columbia Youth Justice Act.

The YCJA restrictions on access do not apply to records where a young person received an adult sentence, the time for appealing has expired, or all appeals are completed, and the adult sentence is upheld on appeal (section 117).

d. Family

The court conducts proceedings about guardianship of children, parenting arrangements, and child and spousal support under the Family Law Act and other BC statutes, as well as in child protection matters under the Child, Family and Community Service Act.

1) Family Law Act

Unless the court otherwise orders, only these people may search a court file under the Family Law Act:

party to the court file
lawyer(3), whether or not the lawyer represents a party, and including a lawyer for a child
family justice counsellor
person authorized by a judge
person authorized in writing by a party to the court file or by the party’s lawyer
Rule 174(1) Provincial Court Family Rules

Despite this general rule, unless the court orders otherwise, any person may access the following basic information:

names of the parties as identified in the case
case file number
court registry where the file is kept
date the case was started

Rule 174(2) Provincial Court Family Rules

2) Child, Family and Community Service Act

Unless the court otherwise orders, only these people may search a court file under the Child, Family and Community Service Act(4):

party
party’s lawyer of record
person authorized in writing by the party or their lawyer
for the purpose of checking whether an application in Form 3.1 has been filed, the director responsible for service under Rule 6(6.1)(b) of the Provincial Court (Child, Family and Community Service Act) Rules or section 50.02(2) of the Child, Family and Community Service Act, or the director’s lawyer.

Rule 8(15) Provincial Court (Child, Family and Community Service Act) Rules

Despite this general rule, unless the court orders otherwise, any person may access the following basic information:

court file number
registry location

3) Adult Guardianship Act

Only the following may search a court file under the Adult Guardianship Act:

party
party’s lawyer
person authorized by a party, a party’s lawyer, or a judge.

Rule 9(14) of the Provincial Court (Adult Guardianship) Rules

Despite this general rule, unless the court orders otherwise, any person may access the following basic information:

court file number
registry location

Exhibits and Transcripts (Family)

Members of the public must make an application to access an exhibit, which will generally be heard by:

the presiding judge if the case is ongoing, or
the Regional Administrative Judge or their delegate.

If access is granted, there may be conditions and the exhibit must be viewed under the supervision of court registry staff.

A party or their counsel who is entitled to access the court file, as noted above, may request a copy of the Court’s copy of a transcript of a family trial, if one exists. Others who are entitled to access the court file may order a copy, unless it is sealed or access is otherwise restricted. If it is sealed or access is restricted, the person must apply to the court to request access to view, or order a copy of, the transcript.

e. Small Claims

For small claims matters members of the public may have access to the court file. The exception is Intimate Images Protection Act files which are dealt with in the next section.

Certain court documents (including the Notice of Claim, Reply and Orders) may also be accessed through Court Services Online.

Exhibits and Transcripts (Small Claims)

Members of the public must make an application to access an exhibit, which will generally be heard by:

the presiding judge if the case is ongoing, or
the Regional Administrative Judge or their delegate.

If access is granted, there may be conditions and the exhibit must be viewed under the supervision of court registry staff.

A party or their counsel who is entitled to access the court file, as noted above, may request a copy of the Court’s copy of a transcript of a small claims trial, if one exists. Others who are entitled to access the court file may order a copy, unless it is sealed or access is otherwise restricted. If it is sealed or access is restricted, the person must apply to the court to request access to view, or order a copy of, the transcript.

f. Intimate Images Protection Act

Only these people may search a court file or order a transcript under the Intimate Images Protection Act:

party to the court file or their lawyer
person authorized by a judge

2. Audio recordings of proceedings (DARS)

Many proceedings in the Provincial Court are recorded by a Digital Audio Recording System (DARS). This includes proceedings before judges and judicial justices. Proceedings conducted before a judicial case manager (5) in a courtroom are also recorded. There are proceedings like some pre-trial conferences that are not normally audio recorded. The following section sets out the policy for listening to, or obtaining copies of, DARS audio recordings.

The audio recording of oral reasons for judgment may not be the final version of the reasons for judgment. If a transcript is ordered, the transcript is the final version.

a. Court order required

A court order is required to listen to, or obtain a copy of, DARS audio if any of the following apply:

Proceedings were held in camera (in a closed courtroom with the public excluded).
A judge made a sealing order.
The accused person has a Criminal Record Suspension (pardon) for the record.
The case is a Youth Criminal Justice Act (YCJA) proceeding
- There are two exceptions where a court order is not required:
  - The young person, their counsel and Crown counsel may listen to the audio recording at the court registry without a court order.
  - The young person’s counsel and Crown counsel who has conduct of the young person’s file may access a copy of the recording by ACM on providing an electronic undertaking using their digital credential. (Electronic access by counsel through ACM to a YCJA file is time limited.)
The proceedings were a settlement conference or a case conference.
The audio is of a courtroom before or after court was in session.
A court order is required to obtain a copy of DARS audio if there is a publication ban. (There are exceptions for some counsel as noted in the charts below.)

A court order is not required to listen to DARS audio of oral reasons for judgment at a court registry, even if there is a publication ban, if the person was entitled to be present in the court when the oral reasons for judgment were given. The following courthouses are equipped for listening to DARS at the court registry:

Duncan
Kamloops
Kelowna
New Westminster
Prince George
Vancouver Law Courts
Vernon
Victoria

Audio listening stations

A court order is also required to access DARS for criminal, family and small claims proceedings as set out in the charts below.

If a court order is required, the judge may allow access to DARS and may include the terms in the Access Order attached as Appendix B. Or the judge may allow an applicant to listen to DARS either at an Audio Listening Station or where operationally feasible in a staffed courtroom at a time set by the registry and may include conditions such as:

The purpose for which the DARs can be reviewed (for example “to review the evidence of a witness in the case of R. v. X”).
The applicant must not record the audio of the hearing, and must not post, share or disseminate the audio from the hearing.

1) Criminal (Adult) and traffic proceedings (DARS)

	Person requesting access	Copy of recording can be accessed:
1	Accused	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or Administrative Judicial Justice or their designate. Order should include the terms in the Access Order attached as Appendix B.
2	Counsel of record	Without an order if they provide an electronic undertaking using their digital credential or an undertaking in the form attached as Appendix A.
3	Other lawyer	Without an order if the lawyer provides a letter of authorization from the accused or counsel of record authorizing the lawyer to obtain a copy of the audio recording, and an undertaking in the form attached as Appendix A.
4	Accredited media	If they provide an undertaking and receive a desk order from a Court Services Justice of the Peace. This order includes conditions that: Prohibit sharing, broadcasting, transmitting, reproducing (including posting online) the recording Require the journalist to keep the copy secure Require the journalist to return the copy to the registry or destroy it when it is no longer needed For more information on access method, see Accredited Media.
5	Any other access	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or Administrative Judicial Justice or their designate. Order should include the terms in the Access Order attached as Appendix B.
2) Family proceedings (DARS)
	Person requesting access	Copy of recording can be accessed:
1	Parties (or a person authorized in writing by a party or authorized in writing by counsel for a party)	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or their designate. Order should include the terms in the Access Order attached as Appendix B.
2	Counsel of record	Without an order if they provide an electronic undertaking using their digital credential or an undertaking in the form attached as Appendix A.
3	Lawyer for child	Without an order if they provide an electronic undertaking using their digital credential or an undertaking in the form attached as Appendix A (Rule 162 Provincial Court Family Rules).
4	Duty counsel (Family Law Act proceedings only)	Without an order if they provide an electronic undertaking using their digital credential or an undertaking in the form attached as Appendix A.
5	Other lawyer	Without an order if they provide a letter of authorization from a party or counsel of record authorizing the lawyer to obtain a copy of the audio recording, and an undertaking in the form attached as Appendix A.
6	Any other access	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or their designate. Order should include the terms in the Access Order attached as Appendix B.

3) Small claims proceedings (DARS)

	Person requesting access	Copy of recording can be accessed:
1	Parties	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or their designate. Order should include the terms in the Access Order attached as Appendix B.
2	Counsel of record	Without an order if they provide an undertaking in the form attached as Appendix A.
3	Other lawyer	Without an order if they provide a letter of authorization from a party or counsel of record authorizing the lawyer to obtain a copy of the audio recording, and an undertaking in the form attached as Appendix A.
4	Accredited media	If they provide an undertaking and receive a desk order from a Court Services Justice of the Peace. This order includes conditions that: Prohibit sharing, broadcasting, transmitting, reproducing (including posting online) the recording Require the journalist to keep the copy secure Require the journalist to return the copy to the registry or destroy it when it is no longer needed For more information on access method, see Accredited Media in section 2 of the media page.
5	Any other access	Only if ordered by the presiding judge, or in their absence, the Regional Administrative Judge or their designate. Order should include the terms in the Access Order attached as Appendix B.

Notes

(1) For criminal matters “defence counsel” includes duty counsel representing or advising the accused.

(2) Under An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (Bill C-75), SC 2019, C. 25, promise to appear was repealed (section 209), and a person bound by a promise to appear was deemed to be bound by an appearance notice (section 354).

(3) Under Rule 174 a “lawyer” includes an articling student acting for a party or an articling student acting as agent for a party’s lawyer.

(4) Director’s counsel can access a file that the counsel was or is counsel on without a court order or authorization.

(5) Judicial case managers schedule trials and hearings. They also preside in some pre-trial court appearances such as initial appearance and assignment courtrooms where they deal with matters before a trial that do not require a judge’s decision.