Model Policy for Access to Court Records in Canada
Judges Technology Advisory Committee
Canadian Judicial Council
In May 2003, the Canadian Judicial Council released a discussion paper prepared by the Judges Technology Advisory Committee (JTAC) entitled “Open Courts, Electronic Access to Court Records, and Privacy,” which built upon an earlier report for the Administration of Justice Committee of the Council.
This discussion paper assembled 33 conclusions including that the right of the public to open courts is an important constitutional rule, that the right of an individual to privacy is a fundamental value, and that the right to open courts generally outweighs the right to privacy. The discussion paper also concluded that the Canadian Judicial Council has a leadership role in initiating discussions and debate about the development of electronic access policies and that such policies be as consistent as possible throughout Canada. The Council then invited public comment on the many policy and logistical issues that were developed within the discussion paper so that it could move towards framing a model policy on electronic access.
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