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
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