ONTARIO COURT OF JUSTICE
NEWMARKET
BETWEEN:
HIS MAJESTY THE KING
— AND —
PAUL WILSON
RULING ON APPLICATION TO COMPEL RELEASE OF DIGITAL AUDIO RECORD
Heard and Delivered: January 30, 2026
Mr. Moheb Tewfik counsel for the Crown
Mr. Paul Wilson ................................................................................................ self-represented
KENKEL J.:
Introduction
1Mr. Wilson was charged with a provincial offence prosecuted under Part III of the Provincial Offences Act, RSO 1990, c P.33 (POA). He attended court one day as an observer of another matter and had a discussion with the presiding Justice of the Peace. He now wants to obtain the digital audio recording of the court record for that day as he says he was treated unfairly. He applied to the provincial offences court for that recording. The policy of this court as published on the court’s website provides that persons like Mr. Wilson can obtain copies of the court’s digital record by first obtaining an order permitting release from the court. In this case the release of that record was refused by the Justice of the Peace.
2Mr. Wilson applies today for a review of that decision and an order permitting release of the digital record. For the reasons that follow, I find that this court does not have jurisdiction to hear this application.
Jurisdiction
3This provincial offence appeals court is a statutory court created by the Provincial Offences Act. The jurisdiction of the court is limited to the terms set out in that Act.
4Under s 116 of the POA, appeals to this court are limited to appeals from a conviction, a dismissal, a sentence, a finding of mental disorder, or an order as to costs.
5POA appeal jurisdiction does not extend to collateral administrative decisions like the application for release of the digital record in this case. This application seeks supervisory relief or prerogative relief, with an order in the nature of mandamus to compel the decision-maker to exercise the discretion to release a record lawfully. Such an application must be brought in the Superior Court of Justice, likely under the Judicial Review Procedures Act, RSO 1990 c J.1.
Conclusion
6This application must be dismissed.
7Perhaps Mr. Wilson could contact the local Regional Senior Justice of the Peace or the Regional Senior Justice for Central East Region to determine whether the court’s position could be clarified prior to bringing a further application in the Superior Court of Justice.
Delivered: January 30, 2026.
Justice Joseph F. Kenkel