A production order is made by a judge or justice of the peace and is similar to a search warrant. When a production order is made, the person in possession of the information identified in the order must produce it upon request to the law enforcement agency. There are five different types of production orders:. Information about an application for a production order, the documents or information provided is publicly accessible if:. When a publication ban is imposed by the court e. Staff will notify the recipient that the file or document is under a publication ban and will warn him or her that publication, broadcasting or transmitting in any way the information governed by the publication ban could be a violation of law.
Under various sections of the C riminal Code [1] , the public may be excluded in whole or in part from a court proceeding. These proceedings are known as i n camera or publicly excluded proceedings. If the public is excluded from a court proceeding, the public cannot access the records relating to that portion of the proceeding, except by court order. These documents may be filed at the time of the application or before the court date.
Applications for a hearing and hearings to determine admissibility under s. For s. If the judicial official orders the record be produced to the court, the judicial official may hold an in camera hearing to determine whether to produce the record to the accused. Documents filed in advance of these mandatory in camera proceedings are not publicly accessible prior to the court hearing, except by court order.
There is no mandatory requirement that the hearing be held in camera. However, an order excluding the public may be requested by one or both of the parties either at the time of the application or in their documents filed before the court date.
Until the judge hearing the application determines whether or not the public should be excluded, any documents filed in advance of these proceedings are not publicly accessible, except by court order. Section Upon an application by the prosecutor or witness, a hearing will be held to determine whether the order should be made. These hearings may be held in camera and until the judge hearing the application determines whether or not the public should be excluded, any documents filed in advance of the application are not publicly accessible, except by court order.
If the court grants the non-disclosure order after the hearing, identifying information about the witness is not publicly accessible, without judicial permission.
As previously noted, any reference to Youth Criminal Justice Act information contained in Mental Health Act records is not publicly accessible. A sealing order typically provides the date the file was sealed and the name of the judicial official who sealed the documents, but it does not disclose information about the content of the sealed documents. The federal Cannabis Act contains prohibitions on the recreational use of cannabis.
For certain offences under the Act , persons 18 years of age or older may be dealt with using a criminal ticket instead of being prosecuted under the usual criminal process.
Where access to these matters is restricted, court staff must not allow access to the court documents and must not disclose the existence of documents to any person. This section does not apply to absolute discharges imposed as a result of a ticket under the Cannabis Act. Information on access to those records can be found in section 2. The Province of Ontario has adopted this policy with regard to court documents that are the subject of an absolute or conditional discharge.
The access period commences from the date the discharge was imposed by the judicial official. If an absolute or conditional discharge has been ordered, court staff must not allow access to the court documents and must not disclose the existence of these documents, after the specified periods noted above, to anyone other than the person who is the subject of the discharge or counsel acting on his or her behalf.
Requests for access by the person who is the subject of the discharge must be made in writing to the court. If a record suspension has been granted, documents relating to the original conviction in the custody of a department or agency of the Government of Canada are not publicly accessible, without prior approval of the Federal Minister of Justice.
The Province of Ontario has adopted this policy with regard to court documents that are the subject of a record suspension. If an expungement has been granted, documents relating to the original conviction in the custody of a department or agency of the Government of Canada will be destroyed or removed from its repositories or systems.
If a record suspension or expungement has been granted, court staff must not allow access to the court documents and must not disclose the existence of these documents to any person, other than the person who is the subject of the record suspension or expungement or counsel acting on his or her behalf.
Requests for access by the person who is the subject of the record suspension or expungement must be made in writing to the court. In criminal cases, index books are not accessible to the public, as they may contain information about documents for which access is prohibited.
The pre-court docket or case event list is a list of names of the accused persons and the charges scheduled to be heard in a specific courtroom, on a specific date, and at a specific time. All other pre-court dockets are publicly available. Court staff must make pre-court dockets or case event lists available to the public at no charge, by either posting the docket or list in a location convenient to the public or by making it available at the court counter.
A copy of the docket can be provided on payment of the prescribed copy fee see Section 7 for applicable fees. The Daily Court Lists website available at www. Website users may choose a court location and case type from drop down lists.
A list of scheduled matters to be heard the next day at that location will then be displayed. The post-court docket or case event list is the same as the pre-court docket or list, with notes outlining the judicial decisions for each charge listed. The post-court docket or list is publicly accessible, except to the extent that it includes cases that:. Court staff must make post-court dockets or lists available to the public for viewing at no charge. If a copy of the docket or list is requested, staff should charge the prescribed copy fee.
NOTE: Due to storage limitations in the court office, some older court dockets and lists may not be immediately available at the court counter. The time required to access older dockets and lists that are not stored in the court office might be longer.
As noted previously in Section 1. In general, court documents related to the P rovincial Offences Act P O A are publicly accessible, unless otherwise ordered by the court. However, the following court documents for Provincial Offences Act proceedings are not publicly accessible:. Search warrants issued under the Provincial Offences Act are accessible in accordance with the policy for criminal search warrants.
In general, search warrants are accessible if:. Unless legislation, a common law rule or a court order restricts access, records of such applications are publicly accessible if:. Where an order is made without notice to the respondent, the application form and any supporting affidavits may be provided only to the sheriff and members of the police service to assist in carrying out service of the restraining order. In all other circumstances, judicial permission is required before court staff can provide any information about a PRHTA restraining order or related documents, including confirming the existence of an application for such an order.
Staff must notify the person who is accessing the file or document that it is under a publication ban and must warn them that publishing, broadcasting or transmitting the information governed by the publication ban in any way could be a violation of law. Criminal court staff can provide information and copies of court documents relating to matters that are either before the court or have been before the court in the past in accordance with these policies and procedures, as long as no other access restrictions exist.
In the event an individual received an absolute or conditional discharge, the criminal record suspended formerly known as pardoned or the court documents sealed by court order, access is limited and information and court documents will be provided only in accordance with 2. A request for access to criminal court documents should include a combination of information that will permit staff to accurately identify the individual concerned, which most commonly will be name and date of birth.
In some circumstances where a name is common, further information such as home address, date of offences or charges may be required in order for court staff to accurately identify the individual. The combination of information required will vary depending on what is necessary to correctly identify the requested information in a particular case.
Some people believe that court staff can provide an official criminal record check. The court case tracking system is not a comprehensive database of criminal charges or criminal dispositions, and does not constitute an official criminal record. Only police services can undertake an official criminal record check for employment or related purposes. Upon payment of the prescribed fee, members of the public are entitled to see any current list maintained by the court of civil proceedings commenced, any documents filed in a civil proceeding, or any judgments entered, unless a statutory provision, common law rule or court order restricts access.
See section 2. In general, when the court imposes a publication ban, the public can still access the court file and documents. Staff must tell the person who is accessing the file or document that it is under a publication ban and must warn him or her that publication could be a violation of law. The Daily Filing List Report contains the court file numbers, names of plaintiffs and defendants, the Short Title of the proceeding, the Case Type, the Case Opened Date, and the Initiating Document for proceedings commenced on that day, and may be made publicly available for viewing at no charge.
Copies of the Daily Filing List Reports may be made publicly available on request on payment of the relevant copy fee see section 7. Subject to orders of the court and the statutory restrictions outlined in section 3. A copy of the docket or list can be provided to members of the public, upon payment of the relevant copy fee see Section 7.
NOTE: Due to storage limitations in the court office, some older court dockets and case event lists may not be immediately available at the court counter. The time required to access older dockets and case event lists that are not stored in the court office might be longer.
Other documents may be contained in the court file, even though they have not been filed in the proceeding within the meaning of s. Filing your family court documents online may not be the right choice for you, depending on your circumstances. Contact a lawyer for more information and advice. A lawyer knows what documents you must file at every step in a case, as set out in the Family Law Rules or any court Notices and Practice Directions.
Guided Pathways to Family Court Forms asks you questions and puts your answers into the required court forms. Before you file online, make sure you complete, sign and date all required documents according to:.
In some circumstances, you must also swear or affirm an oath in front of a notary public or commissioner of oaths that your documents are true. Find official up-to-date forms. If you cannot submit online, file your documents in person at the courthouse or by email in accordance with the Family Law Rules and any orders, Notices and Practice Directions issued by the Ontario Court of Justice and the Superior Court of Justice.
The cost to file documents online is the same as the cost to file documents in person at a courthouse. For the:. You must use Visa, Mastercard or Interac debit cards to pay filing fees online. Your information will not be saved. File your documents. Family court forms are public documents.
The information you provide in the forms can be viewed by the public whether you file in-person or online. Learn more about public access to family court files or find a family court location. Try not to open an online account or enter your password in public — and if you are in public, shield any forms you are completing. You should keep a copy of all your documents for your records.
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