Acts and Regulations

2020, c.23 - Family Law Act

Section 4
Disposition versions

Full text
Confidential nature of proceedings
4(1)Proceedings under this Act may, in whole or in part, be heard in open court or in private, and in exercising its discretion whether to proceed in open court or in private, the Court shall take into consideration in every case
(a) the public interest in hearing the proceeding in open court,
(b) any potential harm or embarrassment that may be caused to any person if matters of a private nature are disclosed in open court, and
(c) any representations made by the parties.
4(2)No person shall, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child who is or has been the subject of the proceeding or the name of the parent of any child in relation to the proceeding, or in any other way identify the child or the child’s parent.
4(3)Despite subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child or the child’s parent or identify a child or the child’s parent in another way if the person has first obtained leave of the Court.
4(4)For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child or the child’s parent if the person writes, edits or approves an article or other document for the purpose of publication, including publication on the Internet and in any other manner, that contains the name of the child or the child’s parent.
Confidential nature of proceedings
4(1)Proceedings under this Act may, in whole or in part, be heard in open court or in private, and in exercising its discretion whether to proceed in open court or in private, the Court shall take into consideration in every case
(a) the public interest in hearing the proceeding in open court,
(b) any potential harm or embarrassment that may be caused to any person if matters of a private nature are disclosed in open court, and
(c) any representations made by the parties.
4(2)No person shall, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child who is or has been the subject of the proceeding or the name of the parent of any child in relation to the proceeding, or in any other way identify the child or the child’s parent.
4(3)Despite subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child or the child’s parent or identify a child or the child’s parent in another way if the person has first obtained leave of the Court.
4(4)For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child or the child’s parent if the person writes, edits or approves an article or other document for the purpose of publication, including publication on the Internet and in any other manner, that contains the name of the child or the child’s parent.