Law

Criminal libel probe of N.B. blogger questioned

Feb 08, 2012 - Posted by Dean Jobb

The Canadian Civil Liberties Association has asked Fredericton police for an explanation of why a local blogger, Charles LeBlanc, is being investigated under the little-used law of criminal libel. In a Feb. 1 letter, the group seeks an explanation of why LeBlanc, "apparently a vocal critic of the police force," had his computer seized during a search of his home. The group points out that courts in at least three provinces -- Ontario, Saskatchewan and Newfoundland and Labrador -- have struck down the Criminal Code's libel provisions as a violation of the constitutional guarantee of freedom of expression.

Read the CBC report, which includes the text of the letter.

Press freedom in Canada

Oct 26, 2011 - Posted by Lauren McKeon

Yes, there are threats: government secrecy, terrorism, regulation of new media. Nakita Singh Hans gives us a sneak peak at next year's Press Freedom in Canada conference.

Policing the borders means policing Canadian journalism?

Aug 10, 2011 - Posted by Lauren McKeon

Moments before Canada's Immigration Minister Jason Kenney delivered an important speech, Rabble journalist David P. Ball was kicked out of the press conference -- despite having a press invite and the complimentary cookie they gave him in hand. This story originally appeared on Rabble.ca.

Globe ruling protects sources, allows use of leaked information

Nov 09, 2010 - Posted by Dean Jobb

The Supreme Court of Canada has made it tough for lawyers, police and other investigators to "out" journalists' sources. J-Source law editor Dean Jobb reports.

On net neutrality and Internet access

Apr 27, 2010 - Posted by Dana Lacey

Steve Anderson of OpenMedia.ca appeared before a House of Commons committee today to discuss net neutrality, media ownership and internet access. Listen to the podcast...

Did Carleton j-prof argue against freedom of the press?

Mar 05, 2010 - Posted by Regan Ray

"It was strange reading the recent Citizen column by Klaus Pohle ("Presumptions of Guilt," Feb. 24), because I could swear the Carleton University media law professor was arguing against freedom of the press and the public's right to know, and for suppression of government information. It's hard to interpret his piece any other way," writes Ottawa lawyer Lynn Cohen in a response to Pohle's column. Cohen wrote...

Libel reform: Be careful what you wish for

Dec 26, 2009 - Posted by Dean Jobb

Commentary
Jeffrey Dvorkin

The new defence of responsible communication is good news for the media, but Ryerson University's Jeffrey A. Dvorkin doubts it will usher in a new wave investigative journalism. As layoffs continue and newsrooms are pared down to the editorial bone, the ability of news organizations to engage in deep, contextual investigative journalism is far from what it once was, or what it should be.

And lawyer Alan Shanoff, who teaches media law at Humber College, cautions the devil will be in the details as judges and juries apply the court's broad definitions of public interest and responsible journalism to stories targetted with libel suits. Read Shanoff's columns in The Law Times and the Toronto Sun.

The responsible communication defence: What's in it for journalists?

Dec 23, 2009 - Posted by Dean Jobb

New defences to libel actions don’t come along every day, so what exactly does the pair of Supreme Court of Canada rulings handed down December 22 mean for journalists? An expanded definition of "public interest," a list of the steps journalists should take to produce a solid, libel-proof story, and good news for bloggers. Dean Jobb breaks down the rulings in Grant v. Torstar Corp. and Quan v. Cusson.

SCC creates new libel defence of responsible communication

Dec 22, 2009 - Posted by Dean Jobb

News
The Supreme Court of Canada has created a new libel defence – the defence of responsible communication on matters of public interest. In a landmark ruling that orders new trials in libel actions against two Ontario newspapers, the court introduced the British defence of responsible journalism with a new name and some made-in-Canada modifications. The defence is based on the conduct of the journalists and editors who produce the story, and can defeat a libel claim even if some facts and allegations published or broadcast turn out to be wrong or false.

The court established a broad definition of the public interest, saying it is not limited to stories on politics and can apply to stories of interest to a limited audience if the subject is of public importance. The rulings set seven criteria for judging whether journalists acted responsibly, including the seriousness of the allegations, the reliability of sources and whether the person defamed was given a chance to respond. There are two other important aspects to the ruling...

Coalition battles libel chill in top court

Dec 16, 2009 - Posted by Regan Ray

A coalition that includes the Canadian Association of Journalists (CAJ), the Canadian Newspaper Association (CNA) and Ad IDEM/Canadian Media Lawyers Association is intervening in a case before the Supreme Court of Canada, asking the court to reject the expansion of libel laws. According to...