The CBA expresses appreciation that the Canadian Judicial Council has initiated discussion about complex issues concerning the “open courts” principle, electronic access to court records and privacy. The CBA recognizes that both privacy and open access to the justice system are important to the public, but that courts have less experience with the impact on privacy interests of electronic access to judicial records than with the “open courts” principle. The CBA supports the development of a carefully developed policy to facilitate the transition from paper to electronic access, and highlights a number of often competing factors to be considered in developing such a policy.

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