Previously, court files were almost completely open to the public for viewing of everything therein. Recent changes have altered this long standing, centuries old tradition.
While speaking with forked tongues and quoting SCC cases on the importance and presumption of access to all court documents, the BC Supreme Court and Provincial Court have now implemented new rules which actually restrict this access.
I used to be able to see all affidavits, motions, applications, reasons for arguments, Constitutional challenges and so forth, and it now appears that these are no longer available. My visits at the Kamloops and other courthouses recently seem to confirm this. Unless youth or court orders exist, what is so secretive about these documents? Except maybe lawyers don`t want you to see their arguments and case law to prevent others from learning the odd point or two.
These documents are all public, there is nothing restricted about them.
Here are the sites with the new rules that you can copy, 31 pages in Provincial Court and about 38 or so in Supreme Court.
There appears to be more access in other provinces unless they too have been changed in the past year.
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