Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

A Member of the Law Professor Blogs Network

Friday, July 22, 2011

Newsgathering Privilege In Canada

Jamie Cameron, Osgoode Hall Law School, York University, has published Of Scandals, Sources, and Secrets: Investigative Reporting, National Post and Globe and Mail. Here is the abstract.

Twice in 2010 the Supreme Court of Canada considered the status of confidential newsgathering sources. Each case arose from investigative reporting which exposed ethical breaches and wrongdoing at the highest levels of federal government. Rather than constitutionalize the journalist-source relationship as an element of newsgathering under s.2(b) of the Charter, the Court re-affirmed the common law Wigmore test for privilege. After rejecting the claim of privilege in National Post, the Court adopted a more source-protective approach in Globe and Mail. The Court’s lack of initiative points to the need for policy debate, leading to statutory protection for confidential newsgathering sources.

Download the paper from SSRN at the link.

http://lawprofessors.typepad.com/media_law_prof_blog/2011/07/newsgathering-privilege-in-canada.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef015433ec0f58970c

Listed below are links to weblogs that reference Newsgathering Privilege In Canada: