14.83: Orders restricting access to appeal proceedings

Case Summary

The Applicant sought an Order sealing certain records (the “Records”) that a Case Management Justice (“CMJ”) ordered to be produced (the “Production Order”). The Production Order specified that the Records would remain confidential. The Applicant Appealed the CMJ’s Decision and the Production Order was stayed pending resolution of the Appeal.

The Applicant argued that the Alberta Court of Appeal should review the Records but was concerned about uploading them to the Court’s electronic filing system given the confidentiality provisions of the Production Order.

Justice Ho concluded that Rule 14.83 resolved the issue. Rule 14.83 provides that when a restricted access Order made by the Court is appealed, it continues in force and applies to the Appeal until otherwise ordered. As such, Justice Ho directed that the Applicant file the Records as a separate volume marked confidential. Justice Ho also directed that a separate cover letter should accompany the Records indicating that, pursuant to the Production Order, the Records shall be provided to the Appeal Panel only and the Respondent shall not have access to them unless otherwise ordered.

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