6.1 Exhibits in Criminal Cases

Exhibits may take many forms. Examples include:  

• physical evidence (e.g., guns, knives, clothing);
• photographic/electronic evidence (e.g., photos, videotapes, audiotapes, compact discs);
• business documents (e.g., phone records, bank records, business transaction records);
• expert reports (e.g., psychiatric reports, crime scene analyses, toxicologist reports);
• forensic documents; and
• intoxilyzer technician’s certificates of analysis. 

Court staff should advise the person requesting access that a judicial official’s permission is required. Requests for permission to access exhibits may be made by a general application.

If the trial is ongoing, the application should be made to the presiding judicial official. After the trial is completed, it is not necessary that the request be made to the judicial official who presided at the trial, although, as a practical matter, this will often be the preferred course where the judicial official who presided over the trial is available.

6.2 Exhibits in Civil and Family Cases

6.2.1. Exhibits Filed in a Proceeding

If the exhibit was attached to an affidavit and filed with the court, it is a document filed in a proceeding and is publicly accessible under section 137 of the Courts of Justice Act ( CJA) unless a statutory provision, common law rule or court order restricts access.

6.2.2. Exhibits Referred to in an Affidavit

If an exhibit is referred to in an affidavit as being produced and shown to the deponent, the party does not attach the exhibit to the affidavit. Instead, the party leaves the exhibit with the registrar/clerk for the court’s use. In this case, the exhibit is not “filed” with the court and is not accessible under s. 137 of the Courts of Justice Act.

6.2.3. Exhibits Entered into Evidence During Trial

If the exhibit was entered into evidence in the course of a trial (i.e. marked, numbered and entered on a list by the registrar/clerk), the exhibit is not “filed” in the proceeding and is therefore not covered by s. 137. These exhibits are within the control of the court and are not publicly accessible, except by court order.

6.2.4. Copies of Exhibits in Exhibit Books

Since exhibit books are documents filed with the court within the meaning of s. 137 of the Courts of Justice Act, copies of exhibits contained in an exhibit book and filed with the Court of Appeal are publicly accessible, unless a statutory provision, common law rule or court order restricts access.

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