Conferences 2.2.11 - Restrictions

a) Superior Court of Justice Criminal Pre-trial Conferences


Pre-trial conference hearings in the Superior Court of Justice are subject to a publication ban. 

Transcripts cannot be ordered by either party without notice to all parties and the written 

approval of the pre-trial conference judge or another judge of the court. Should the release of any 

pre-trial conference transcript be granted, the transcript must include the publication

ban warning.


Rule 28.05 of the Superior Court of Justice Criminal Proceedings Rules made pursuant to s. 482 and 

s. 625.1 of the Criminal Code of Canada directs that unless otherwise ordered by the pre-trial 

conference judge, a pre-trial conference in a case where all parties are represented by counsel 

shall be conducted in a pre-trial conference room, judges’ chambers or other suitable room in the 

courthouse where a full and frank discussion of the issues raised in the proceedings may take 

place.  Where any party is not represented by counsel, the pre-trial conference shall be held in a 

courtroom closed to the public, and shall be recorded and the proceedings not published, broadcast 

or transmitted in any way, except by order of the pre-trial conference judge.


b) Family Law Conferences


Rule 17 of the Family Law Rules provides for three types of conferences: case conferences, 

settlement conferences and trial management conferences.  These conferences may be recorded at the 

request of the presiding judicial official.  These recordings are for the judge’s use only.  

Transcripts of these recordings cannot be provided to any party without a court

order or the consent of the presiding judicial official.


More information on obtaining a court order to allow the transcription of family court proceedings can be found at PART 8 MOTIONS - MINISTRY OF THE ATTORNEY GENERAL


K
Kim is the author of this solution article.

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