Media

Almost all court hearings are open to the public, including the media.

Members of the media play an important role in educating the public about matters that are before the courts. The information on this page is meant to assist members of the media.  Parties to proceedings and members of the public who are not members of the media should refer to the directions on the Court of Appeal Contact page.

Official Name

The Court’s official name is the Court of Appeal for Ontario.

Hearing schedules

The Court of Appeal publishes weekly hearing lists on this web site.  These lists identify the matters being heard, the courtrooms they will be heard in, and the panels of judges who will hearing the matters – all for a one-week period.

The lists are published at noon on Friday of the week before the cases are heard.

Most appeal hearings are scheduled many months in advance. Media can check with the Court’s media contact about the status of particular matters.

Decisions of the Court

Some decisions are delivered orally or in writing at the hearing or immediately following the hearing. Other decisions are reserved and delivered at a later date.

The length of time it takes for a panel to release a decision depends on a variety of factors, including, but not limited to, the complexity of the case and the arguments advanced on appeal.

The Court usually gives two business days’ notice of the release of its reserved decisions.  Notice is usually posted on the Court’s website at noon two business days before the release.

Decisions are posted in a searchable database.

You may subscribe to our mailing list to receive notice of the release of decisions of the Court.  The mailing list will send email messages with links to decisions the day after the decisions are posted.

Important note about authoring of decisions:

In most instances, appeals are heard by a panel of three judges. In some circumstances, appeals are heard by a panel of five judges.  Appeal decisions may be authored by individual judges or by the whole panel.

Shorter decisions of the court, will often have begin with the title “REASONS FOR DECISION.” Decisions with this title will not be attributed to a single author and will have the names of all three judges at the bottom of the decision listed in order of seniority.

Longer decisions of the court, often simply referred to as “judgments”, can be authored by a single judge or by the full panel of judges.

Where a judgment is authored by a single judge, the judgment will list that judge’s name at the start of the judgment.  A unanimous judgment written by a single judge ends with the names of all the panel members, with the author of the judgment named first and the other panel members acknowledging with “I agree.”

Where a judgment is authored by the entire panel, the phrase “By the Court” will be at the start of the judgment. The names of the panel members will be listed at the bottom of the judgment but without the notation “I agree.” This type of judgment should be reported as a decision “by the Court”.

If a decision is not unanimous, or where judges have different reasons for reaching the same conclusion, the dissenting or concurring judge’s reasons will also be included in the judgment.

Attending Court in person or remotely

Members of the media may observe most Court of Appeal matters – in person or remotely – unless a hearing is closed to the public (in camera) or there are other restrictions ordered by the Court.

Unless otherwise directed, the Court of Appeal conducts:

  • appeals and most panel motions in person
  • single judge oral motions remotely by Zoom
  • motions for leave to appeal and certain panel motions in writing

The front benches of the courtroom are reserved for the parties to the appeal. Otherwise, seating is available to all on a first-come, first-seated basis.

Media who wish to observe proceedings remotely can request the Zoom details from the media contact listed below.

Note: it is easier to accommodate requests for remote access to a hearing if requests are made at least one day in advance of the hearing. Although the Court of Appeal will make every effort to quickly provide remote hearing links, requests made just prior to the start of the hearing or while the hearing is ongoing may not be answered promptly.

Recording proceedings and taking pictures of Court proceedings

Unless you receive permission from the Court, you cannot take pictures or make recordings of court proceedings. This includes pictures and recordings made of a proceeding being viewed remotely.

It is an offence under s. 136 of the Courts of Justice Act to record any part of the hearing – including screenshot/capture or photograph – and to

  • publish
  • broadcast
  • reproduce
  • disseminate any such recording

The offence is punishable by a fine up to $25,000 or imprisonment of up to six months or both.

Requests for permission to take pictures or record court proceedings should be directed to the Court’s media contact.  Photography is unrestricted outside of the courthouse. Photography within a courthouse that could reasonably capture someone leaving or attending a hearing is also prohibited.

Using electronic equipment in Court

You may use electronic devices (a laptop or smartphone) to

  • transmit or receive texts or emails in a discreet manner
  • take notes

Electronic devices may not be used if they interfere with

  • the court sound system or other technology
  • courtroom decorum
  • the administration of justice

This includes devices that generate sound or require speaking into the device.

Requesting documents filed as part of court proceedings

In general, court documents are a matter of public record, and you can request copies for most matters.

In some instances, public access may be limited by court order or a legislative provision (such as the Youth Criminal Justice Act or the Criminal Code of Canada).  Documents subject to a sealing order cannot be inspected by the media or the public. Documents subject to a publication ban may be inspected but some or all the content may not be published.  (See more below.)

Requests for copies of court documents, such as notices of appeal, notices of motion, and factums, can be directed to the Court’s media contact.  To expedite your request, include the case file number (if known) and your deadline.

Requesting exhibits in criminal matters

To access exhibits not contained in other document filings, you will need to bring a motion before a judge of the Court.

As part of your motion, you will need to serve a complete motion record on all parties (the Crown and counsel for the Appellant/Respondent) and file that record with the Court.  This must be done in accordance with Rule 21 of the Criminal Appeal Rules.

The motion record should include the following:

  • Notice of Motion with proposed hearing date at least 7 days away (unless you are requesting an abridgment of time – see r. 21(10) of the Criminal Appeal Rules)
  • Affidavit in support of the motion (explaining how you intend to use the materials requested)
  • Any other supporting documentation you feel necessary for the motion.

If the motion is on consent, the order may be granted without you having to attend. Make sure to include the signed consent in the motion record, along with a draft order.

Counsel for your organization or that you retain can assist you with this process.

Publication bans, sealing orders, and in camera proceedings

From time to time, applications are made to the Court of Appeal for an order

  • to impose or lift a discretionary publication ban
  • to seal or unseal a court file or court document
  • for a hearing to take place in the absence of the public (in camera)

You can receive notice of such applications by subscribing to a media list for such notifications.  You can subscribe to this list by providing your name, email address, and media organization to the Court’s media contact. Notices to the Media are also posted below in the Notice to the Media section.

It is your responsibility to ensure the terms of a publication ban or a sealing order are respected.  There may be serious consequences, including criminal liability, for breaching one of these orders.  You may wish to obtain legal advice on how to proceed with any matter in which a publication ban, sealing order, and/or in camera order has been made.

You can check whether a publication ban exists for a specific matter by directing your request to the Court’s media contact.

Notice to the Media

There are no notices at this time.

Interview requests

In general, the Chief Justice of Ontario and the justices of the Court of Appeal for Ontario will not comment on their decisions.  Judges speak through their decisions and reasons for judgment.

Although judges will not comment on specific cases (those that are, have been, or may be before the Court), it may be possible to request an interview with the Chief Justice or another justice of the Court pertaining to policies of the Court or other items not directly related to matters before the Court.  You can direct your interview requests to the Court’s media contact.

Media Contact

Jason Gennaro
Manager of Communications & Special Advisor to the Chief Justice of Ontario
Court of Appeal for Ontario
COA-Media@ontario.ca

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