Judicial Council consults on electronic access to court records [Note: Deadline for comments extended to January 31, 2004]

OTTAWA, September 4, 2003 - The Canadian Judicial Council has launched a national consultation on issues that arise from electronic access to court records.

The Council today released a discussion paper on "Open Courts, Electronic Access to Court Records, and Privacy" and issued a call for comments from those interested, including media, litigants, legal and academic communities and commercial users of court documents.

The discussion paper was prepared by the Council's Judges Technology Advisory Committee, whose mandate includes examining the effective use of technology in Canada's courts. The paper surveys the rapid move across North America to electronic filing and electronic retrieval of court records and docket information, and examines significant policy and practical issues which "e-access" presents for courts and others.

The paper says: "At the heart of the matter is the relationship between two fundamental values: the right of the public to transparency in the administration of justice and the right of an individual to privacy." Based on jurisprudence established by the Supreme Court of Canada, the paper concludes that the right to open courts generally outweighs the right to privacy, a finding which figures prominently in its analysis and conclusions about electronic filing and electronic retrieval issues.

The report may be found on the Council's Web site at http://www.cjc-ccm.gc.ca/.

The Council seeks comments by October 15, 2003 in writing to Judges Technology Advisory Committee, Canadian Judicial Council, Suite 450, 112 Kent Street, Ottawa K1A 0W8, or by e-mail to e-access@fja.gc.ca.

Contact

Ms. Jeannie Thomas
Executive Director
(613) 998-5182