This policy outlines Access to Transcripts of Court Proceedings. Court transcripts are prepared by Authorized Court Transcriptionists and are a certified written record of a court hearing. Information on how to order court transcripts can be found here: “Ordering a Court Transcript”.

Unless a judge of the Superior Court of Justice orders otherwise, transcripts are not available to anyone – including the parties – for case, settlement, and trial management conferences.

Additionally, when the public is excluded from a court proceeding (known as in camera proceedings), the public may not have access to records relating to that portion of the proceedings.

Under Section 87(4) of the Child, Youth and Family Services Act, 2017 (CYFSA), child protection hearings and appeals of child protection decisions are closed to the public unless ordered by the court. Access to transcripts of CYFSA proceedings may only be given to a party to the hearing or a party’s lawyer.

For the purposes of this policy, the following definitions apply:

 “judge” means all judges and associate judges of the Superior Court of Justice.

“counsel of record” means a lawyer or paralegal, licensed by the Law Society of Ontario, representing a party in the proceeding.

“prosecutors” means municipal prosecutors; Provincial Crown Attorneys or Assistant Crown Attorneys; and Federal Crown Prosecutors.

“litigant” means a party in a civil, family, or divisional court proceeding or an accused person in a criminal proceeding.

“designated media” means members of the media included in the “Joint Courts’ List of Designated Media for Access to Digital Court Recordings”

“members of the public” means anyone who is not a party in the proceeding, including  lawyers or paralegals who are not representing a party in the proceeding; or, members of the media who are not included in the “Joint Courts’ List of Designated Media for Access to Digital Court Recordings”

The release of digital recordings may be subject to any order(s) the presiding judge makes. A judge may expand or restrict access to digital recordings in any proceedings before them.

Unless a judge orders otherwise, access to digital recordings of the following proceedings is not available to anyone:

All persons seeking access to digital recordings will be required to complete the request form, undertaking and prescribed fee.  See the information below on your access permissions and what must be done depending on your status as a requestor.

The Undertaking prescribes the way in which the digital recording is to be used and the terms and conditions under which access to the digital recording is being provided.

The completed Request Form and Undertaking should be submitted to the appropriate recording management office (the court location where the matter took place). The list of Ontario court locations can be accessed here.

For Family proceedings the Request Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C).

In Criminal, Civil, and Divisional Court proceedings counsel of record and prosecutors may access digital recordings of proceedings, or any related proceedings, involving the party they represent.

In Family proceedings, a judge must authorize the release of digital recordings before counsel of record, or prosecutors can have access. Judicial authorization is sought by completing the Request Form/Undertaking.  For Family proceedings the Request Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C).

Access to digital recordings is subject to any orders made by a judge, including any restrictions prohibiting access as outlined above.

In all cases, counsel of record and prosecutors must complete:

• Request Form/Undertaking for Counsel/Licensed Paralegal of Record to the Court for Access to Digital Court Recordings;
• For Family proceedings the Request Form/Undertaking must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C), and
• Pay the prescribed fee.

Unless a judge orders otherwise, a self-represented litigant in a proceeding will not be provided access to digital recordings of proceedings in which they were involved.

Except for self-represented litigants who are subject to an order made pursuant to s. 140 of the Courts of Justice Acts, self-represented litigants may request access to digital recordings of proceedings in which they were involved if they:

• seek a court order authorizing access by completing the Request Form/Undertaking to the Court for Access to Digital Court Recordings;
• For Family proceedings the Request/Undertaking Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C), and
• Pay the Prescribed Fee.

Self-represented litigants who are subject to an order made pursuant to s. 140 of the Courts of Justice Act must first seek leave of a judge, in accordance with section 140(2) of the Courts of Justice Act, before commencing the process to access digital recordings.

In Criminal, Civil, and Divisional Court proceedings media on the Joint Courts’ List of Designated Media for Access to Digital Court Recordings may access digital recordings by:

• completing the Request/Undertaking Form to the Court for Access to Digital Court Recordings;
• For Family proceedings the Request/Undertaking Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C), and
• Paying the Prescribed Fee.

In Family Proceedings, a judge of the Superior Court of Justice must authorize the release of the digital recording before members of the Joint Courts’ List of Designated Media for Access to Digital Court Recordings can access the digital recording.  Judicial authorization is sought by completing and submitting the Request Form/Undertaking as described above.

Unless a judge of the Superior Court of Justice orders otherwise, members of the public will not be provided access to digital recordings of any court proceedings.

Except for members of the public who are subject to an order made pursuant to s. 140 of the Courts of Justice Acts, members of the public may request access to digital recordings of proceedings if they:

• seek a court order authorizing access by completing the Request/Undertaking Formto the Court for Access to Digital Court Recordings;
• For Family proceedings the Request/Undertaking Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C), and
• Pay the Prescribed Fee.

Members of the public who are subject an order made pursuant to s. 140 of the Courts of Justice Act must first seek leave of a judge, in accordance with section 140(2) of the Courts of Justice Act, before commencing the process to access digital recordings.

Unless a judge of the Superior Court of Justice orders otherwise, law enforcement officers will not be provided access to digital recordings of any court proceedings.

Law enforcement officers may request access to digital recordings of proceedings if they:

• complete the  Request/Undertaking Form to the Court for Access to Digital Court Recordings;
• For Family proceedings the Request/Undertaking Form must be served on all other parties and filed with the Court, along with proof of service (Form 6, 6B, 6C), and
• Pay the Prescribed Fee.
• The Judicial Official Considering the Request for Access