Foster-Jacques v. Jacques, 2011 NSSC 290

From Ad IDEM / CMLA

Jump to: navigation, search

In response to a request by the media to examine the contents of their divorce file, both the Petitioner and the Respondent apply to have it sealed.

The Nova Scotia Supreme Court found that personal embarrassment of a general expectation of personal, health or financial privacy was not in itself a reason to seal a file. However, invoking the terrors of identity theft, the court found that much of information in the divorce were "personal identifiers" which must remain hidden. Then in a bold and Helleresque twist of logic, the Court determined that since it would be impractical to redact all of the "personal" information, the entire file should in fact remain sealed. Including all of the parts that the Court admitted did not justify a sealing order.

Perhaps even more disturbing is the following excerpt:

[37] The open court principles were crafted at a time when the internet was not a public source of information nor of manipulation. Initially these principles were developed in criminal cases where scrutiny to ensure the state was not abusing its powers of arrest and imprisonment was paramount...

Files

Scanned Copy of Decision (Text copy will be added when available.)

See also

Foster-Jacques_v._Jacques,_2011_NSSC_174

Personal tools