Introduction

This policy applies to the Provincial Court of British Columbia proceedings and court records.

Courts are open to the public

This openness is a key part of a democratic society. When people can see how courts work, it helps build trust in the legal system and helps people understand how justice is carried out. While most court hearings are open to the public, there are exceptions where legislation requires, or a judge may order, that a proceeding be held in a closed courtroom. 

Important role of media

The open court principle ensures that media have the right to attend court and report on what happens there. This helps the public stay informed even if they do not attend court themselves. 

Court hearings may happen in person in a courthouse, but they can also happen remotely (virtually)

For example, participants(1) attend remotely by telephone or video for a lot of hearings that occur before a trial. Whereas, most of the time people go in person to a courthouse for their trial.

Access to court records is an important part of courts being open to the public

Many court records are open to the public and the media. But in some cases access is limited or not allowed based on the need to protect important social values. For example, there are legislative restrictions on access to documents involving youth in family and criminal proceedings. 

The Court has supervisory power to oversee and protect court records

The Court sets policy about accessing court records to make sure that access is consistent with applicable laws and takes into consideration the various rights and interests involved.

The role of Court Services Branch of the Ministry of Attorney General in terms of access

Court Services Branch makes sure this policy and any directions from the Court about accessing court records are followed. Registry staff at courthouses handle the day-to-day work of managing these records and access requests, in addition to carrying out other court operations. People should be able to obtain court records without significant delay from the court registry. However, the time to provide access may be impacted by other court operations, and whether the records are stored off-site. 

The Court has established this policy about general access

This policy sets out information about general access to court proceedings, court records, and related information. This policy does not affect the ability of a judge(2) to make decisions or orders in a specific matter. Judges can make decisions about access issues in individual cases where the right to access is balanced against other important rights or social values. If there is a court direction or order about access in a specific case, that direction will apply to that case. This policy also does not limit the court’s ability to address safety and security issues. 

Application Forms

If you need to make an application to access a court record, court forms can be found here:

Requests for bulk or special access to court information

Requests for bulk or special access to court records for research or other purposes (such as supporting the proper administration of justice) can be made through the Judicial Access Policy Working Committee (APWC). For further information and the application form, please contact APWC_Application@gov.bc.ca. Final decisions on applications are made by the judiciary and communicated to the applicant through the APWC. Bulk or special access applications should not be made for access to court records or court record information ordinarily available at a court registry, through Court Services Online, or through another court record access system.

The Freedom of Information and Protection of Privacy Act (FIPPA) does not apply to court records

FIPPA addresses access to records in the custody or under the control of a public body. However, section 3(3) states that FIPPA does not apply to a court record or certain other records listed in that section, and Schedule 1 of FIPPA specifically excludes the Provincial Court from the definition of a public body. This means that Provincial Court records are not accessed through FIPPA’s processes.

Freedom of Information and Protection of Privacy Act 

Notes:

(1) “Participants” is generally used in this policy to refer to those involved in the proceedings, including the judge, parties, counsel and witnesses. In the section “Rules for remote listening or participation” “participants” refers to parties, counsel and witnesses.

(2) To make things easier, this policy uses the word “judge” to refer to both judges and judicial justices. Judicial justices decide search warrant applications, and conduct bail hearings, traffic, ticket and bylaw trials and small claims payment hearings.