What exactly did you say?

Good Day Readers:

You've probably heard someone using the anonymous code name @vikileaks30 recently obtained the divorce file at Manitoba's Law Courts of Public Safety Minister Vic Toews and has been tweeting details on the internet in protest of the government's proposed Bill C-30, Protecting Children from Internet Predators. The legislation has unleashed a firestorm across the country because of it's highly invasive and controversial Paragraph 34 provisions.

When anyone requests a file from The MLC, normally it is readily made available after a short from is completed by the applicant which includes name, address and telephone number along with one piece of photo identification. If the individual is not a party to the litigation a $5 fee is charged.

Here's what we'd like to know. Could the media, both traditional and citizen journalists, file and argue a Motion in Court of Queen's Bench requesting to see and publish the information of the applicant? Has it happened in the past? Assuming C-30 were already in place could the government swoop down and do this? We'll try to answer that question while at The Law Courts later this morning covering the Mark Stobbe trial.

Get this? Approximately 2-years ago we obtained the divorce file of a Winnipeg lawyer who has been practicing civil law for over 30-years. Upon opening it we almost peed our pants! It contained their complete 1998 income tax return - unredacted. Why or why didn't they have the presence of mind to ask a judge to seal that document or certain portions thereof? Talk about the potential for identity theft! What would have happened had we published it in its entirety? According to the folks at The Canadian Revenue Agency at the time it was our understanding once a return leaves their sphere of influence and ends up in the public domain (such as a court file registry) they no longer have care, control and power over its distribution.

Speaking hypothetically, of course, what would have happened had we published the file's content? Wouldn't that have made for an interesting lawsuit?

Sincerely,
Clare L. Pieuk

Postscript

The only time all or part of a Queen's Bench file is not available to the public is if it has been sealed by Court Order (rare but possible) or it has been temporarily taken out of circulation because a judge requested it to prepare for trial.