Can I Access Court Files?

Last revised March 29, 2022

The court file forms the public record of legal proceedings. It is accessible to anyone who pays the search fee at the court registry where the file is kept. Someone interested in "closing" or "sealing" court proceedings in which they were involved must explain to a justice or judge why the records should not be available to the public.

However, access is restricted if the case involves the following acts:

• Divorce Act, RSC 1985, c. 3 (2nd Supp.)
• Family Law Act, SBC 2011, c. 25
• Child, Family and Community Service Act, RSBC 1996, c. 46
• Family Maintenance Enforcement Act, RSBC 1996, c. 127

Accessing BC Court of Appeal Files

The BC Court of Appeal Record and Courtroom Access Policy states that restrictions on rights of access:

1. are usually in the form of a court order sealing the court file; and

2. restrict access to court records in the first place.

If court records are subject to restrictions on rights of access, those restrictions are in place to protect privacy rights and ensure the proper administration of justice. Many restrictions on rights of access that originate in the Supreme or Provincial Court of British Columbia remain in effect during and frequently after an appeal.

In rare cases, statutes in British Columbia may restrict how information in a court record may be accessed. There may also be restrictions within the common-law or ordered by a court in a particular case.

Due to the sensitive nature of information in family law proceedings, you must apply for an order of the court permitting access before a Justice in Chambers. 

Accessing BC Supreme Court Files 

The BC Supreme Court Policy on Access to the Court Record sets out the Supreme Court's policy for public access to the court record. 

Due to the nature of family law proceedings, access is restricted by statute. The Policy on Access to the Court Record sets out the statutory and other restrictions that apply to family law proceedings, what information is presumptively accessible to the public, and the process by which the public may apply for access. This includes:

• Court File/Registry File
• Adoption Proceedings
• Child, Family & Community Service Act Proceedings
• Other Family Law Proceedings
• Separation Agreements

Supreme Court Family Rule 22-8 (1) (b) says that no person, other than the following, may search a registry file in respect of a proceeding under the Child, Family and Community Service Act, RSBC 1996, c. 46:

• a party's lawyer;
• a party;
• a person authorized in writing by a party;
• a person authorized in writing by a party's lawyer.

Accessing BC Provincial Court Files

The Policy of the Provincial Court of BC: Access to Court Records discusses access to court records for family matters. Specifically, Rule 174(1) states that unless the court orders otherwise, only the following persons may search a court file:

• a party to the court file;
• a lawyer, whether or not the lawyer represents a party, and including a lawyer for a child;
• a family justice counsellor;
• a person authorized by a judge;
• or a person authorized in writing by a party to the court file or by the  party's lawyer.

Despite the above, subrule (2) says that unless the court otherwise orders, any person may access the following information about a case:

• the names of the parties as identified in the case;
• the case file number;
• the registry at which the court file is located;
• the date the case was started;

Regarding publication of matters that occur in family proceedings, section 3 (6) of the Provincial Court Act, RSBC 1996, c. 379 provides as follows:

In relation to family or children's matters before the court, a person must not publish at any time anything that would reasonably be likely to disclose to members of the public the identity of the child or party.

Accessing Civil Resolution Tribunal files

The Civil Resolution Tribunal  Access to Information and Privacy Policy says that  most of the information collected from parties during the dispute process will be shared with the other parties and their representatives. In some cases, members of the public may also be able to access CRT dispute records, when authorized in the policy document.

To view records of a CRT dispute you will need to fill out a Civil Resolution Tribunal Public Information Request available on the CRT website. You don’t need to use the form to view a CRT decision. Decisions are posted publicly on the CRT website.