Quick Overview
- Canada's strong privacy law tradition, anchored by PIPEDA and the Office of the Privacy Commissioner, creates meaningful removal options that don't exist under US law.
- Canadian courts operate on the principle of open courts, and most court proceedings and decisions are publicly accessible.
- Canada's Criminal Records Act provides for record suspension - formerly called a pardon.
Are Canadian Court Records Public in 2026?
Yes, generally. Canadian courts operate on the principle of open courts, and most court proceedings and decisions are publicly accessible. The Office of the Privacy Commissioner of Canada has noted that while court records are generally public, PIPEDA creates obligations for third-party organizations that republish that information. Key access points for Canadian court records include:
- Provincial court portals: Each province maintains its own court portal. Ontario (ontariocourts.ca), British Columbia (courts.bc.ca), and Alberta (albertacourts.ca) have online access to court records - all Google-indexed.
- CanLII (Canadian Legal Information Institute): Free legal database indexing court decisions from all Canadian provinces and territories. Heavily indexed by Google - the primary source of Canadian court records in search results.
- Publication bans: Canadian law allows courts to impose publication bans restricting media coverage of certain proceedings (particularly those involving minors or sexual offenses).
- Privacy protections: Canada's Privacy Act and PIPEDA provide stronger privacy protections than US law for how third parties can use and republish personal information from court records.
Unlike the US, Canada's PIPEDA framework creates a legal basis for requesting that search engines de-list search results containing personal information - comparable to but less formalized than the EU's right to be forgotten. This applies to third-party sites and Canadian-domain search results.
Canadian Record Suspension (Formerly Pardon): What It Does and Doesn't Do
Canada's Criminal Records Act provides for record suspension - formerly called a pardon. After serving your sentence and a waiting period (3 years for summary convictions, 5 years for indictable offenses), you can apply to the Parole Board of Canada. After a record suspension is granted:
- The RCMP flags the record as suspended in the Canadian Police Information Centre (CPIC)
- Most employers and the general public cannot access it
- The record is not destroyed - it is flagged as suspended
- The record suspension does not remove the record from court documents, provincial court portals, or CanLII decisions
Removing Canadian Court Records from Google in 2026
Removing Canadian court records from Google requires a multi-step approach targeting source publications first, then Google de-indexing. Here's the process in order of priority:
- CanLII removal request: Email privacy@canlii.org with the specific decision URL, your name, documentation of any record suspension, and detailed grounds for removal. CanLII evaluates privacy interests against the public interest in the judicial record.
- Provincial court portal requests: Contact the relevant provincial court portal's privacy or records office - particularly if you have a record suspension. Reference your record suspension and PIPEDA privacy rights.
- Google de-indexing: Use Google's Personal Information Removal Tool to request de-indexing of specific pages. For Canadian-domain results, reference PIPEDA principles in your request.
- PIPEDA-based Google.ca de-listing: Under PIPEDA, the Privacy Commissioner of Canada has issued guidance that search engines may need to de-list certain search results about individuals. This applies specifically to Canadian-domain (google.ca) search results.
- Professional removal coordination: For cases involving multiple source pages, data broker profiles, and Google de-indexing, professional services coordinate all platforms simultaneously. See our guide on whether court records can be removed.
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