(a)    such applications must be made by Petition addressed to the Court supported by an affidavit verifying the facts upon which the              application is based;

(b)    dates for the hearing of such applications must be arranged before or after the filing of the Petition with the Criminal Division in Vancouver or the Registrar or Trial Coordinator in other locations, and not directly with the Judge who made the Order of Authorization;

(c)    when making arrangements for the hearing, counsel must indicate the name of the Judge who made the Order sought to be set aside or varied.

II.    Criminal Files and Search Warrants

1.     Criminal Files – General

Subject to paragraphs 2, 3 and 4 of this Section, criminal files shall be open to inspection only by the accused, his counsel, crown counsel assigned to that case, and anyone preparing a pre-sentence report at the request of the Court.

Members of the public (which includes the media) may have unrestricted access to Informations and Indictments when proffered and Reasons for Judgment. They may also have access to search warrants in accordance with paragraphs 2, 3 and 4 following. Registry staff should not be responsible for determining whether other documents or evidence should be disclosed. If access is sought to any other documents or evidence in a criminal file, that request should be referred to the trial judge or to the Chief Justice. The governing legal principle is that there is a presumption in favour of public access, but that access must be supervised by the Court to ensure that no abuse or harm occurs to innocent parties.

Search warrants and informations to obtain them are available for inspection by members of the public where a search warrant has been executed, something has been seized, no claims for solicitor-client privilege or other statutory restrictions are involved, and a sealing order has not been made.

Search warrants and informations to obtain them are available for inspection by members of the public where a search warrant has been executed, whether or not anything was seized, subject only to any sealing orders made.

Sealing orders may be made in accordance with the principles set down by the Supreme Court of Canada in A.G.N.S. v. MacIntyre (1982), 132 D.L.R. (3d) 385.

Criminal Code search warrants, and informations to obtain them are available for inspection only where:

(a)    a search warrant has been executed;

(b)    something has been seized;

(c)    either:

1. a judge has ordered that the documents be disclosed pursuant to section 488.1(4)(d)(ii) of the Criminal Code; or
2. no claim for solicitor-client privilege is being pursued and a judge has ordered delivery of the documents pursuant to section 488.1(6)

(d)    a sealing order has not been made.

Income Tax Act search warrants and the informations to obtain them are available for inspection only where:

(a)    a search warrant has been executed;

(b)    something has been seized;

(c)    either:

1. a judge has ordered that the documents be disclosed pursuant to section 232(5)(b)(ii) of the Income Tax Act; or

2. no claim for solicitor-client privilege is being pursued and a judge has ordered delivery of the documents pursuant to section 232(6) of the Income Tax Act; and

(d)    a sealing order has not been made.

For a bail review hearing, where the accused is in custody and is represented by counsel, his/her attendance will not be required at the hearing unless a judge otherwise orders, upon application by the accused or counsel.

Dated: November 2, 1998

"Dohm, P., A.C.J."

Associate Chief Justice Dohm