16. In family matters, in matters regarding authorization for care or for the alienation of a body part, in matters regarding confinement in institution or in matters regarding a change of designation of sex as it appears in a minor child’s act of birth, access to the court records is restricted. In all other matters, especially those relating to personal integrity or capacity, access to documents pertaining to a person’s health or psychosocial situation is restricted if they have been filed in a sealed envelope.
Access-restricted records or documents may only be consulted or copied by the parties, by their representatives, by lawyers and notaries, by persons designated by law, and by any person, including journalists, who has been authorized by the court after proving a legitimate interest, subject to the access conditions and procedure determined by the court.
In adoption matters, access to the court records is restricted to the parties, their representatives and any person having proven a legitimate interest, and is subject to the authorization of the court and to the conditions and procedure it determines.
The Minister of Justice is considered, by virtue of office, to have a legitimate interest to access records or documents for research, reform or procedure evaluation purposes.
No person who has had access to a record in a family matter, in a matter regarding authorization for care or for the alienation of a body part, in a matter regarding confinement in institution or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth may disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding to be identified, unless authorized by the court or by law or unless the disclosure or circulation of the information is necessary for the purpose of applying a law.
2014, c. 1, a. 16; 2016, c. 19, s. 131; 2017, c. 12, s. 4012; 2020, c. 29, s. 11112020, c. 29, s. 1112.