Law

May 02, 2013 - Posted by Thomas Rose

Brian Burke says anonymous bloggers have deliberately set out to ruin his good name.  As his defamation suit against those bloggers goes forward, perhaps it is time to begin a discussion about whether internet anonymity should be restricted, writes J-Source law editor Thomas Rose.

Apr 12, 2013 - Posted by Tamara Baluja

Earlier this week, National Revenue minister Gail Shea threatened the CBC with legal action, but the media organization has refused to reveal the names thus far. On Friday, the CRA commissioner tried a different tact, issuing an open letter addressed to CBC president and CEO Hubert Lacroix.  

Feb 25, 2013 - Posted by Thomas Rose

Journalists may want to get into the habit of locking their cellphones in the wake of a ruling by the Ontario Court of Appeal which found police do not need a warrant to search unprotected phones, says Thomas Rose.

 

Dec 06, 2010 - Posted by Dana Lacey
In a unique case for media law, Fred Kozak, president of the Canadian Media Lawyers Association, will defend a CBC reporter's journalist-source privilege -- against another media outlet.
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.
Oct 22, 2010 - Posted by Dean Jobb

News
The Supreme Court of Canada has sent a strong message to judges, warning them that journalists should be ordered to identify confidential sources only in rare circumstances -- especially the sources behind important public-interest stories. In an Oct. 22 ruling, the court overturned an order compelling Globe and Mail reporter Daniel Leblanc to answer questions, as part of a civil action, that could identify a key source consulted for his investigation of the Quebec sponsorship scandal.

As it did earlier this year in a similar case involving the National Post, the court refused to give journalists a blanket right to protect sources. But it stressed "the high societal interest in investigative journalism" and said journalists should be forced to name sources only when the information is "vital to the integrity of the administration of justice." The court also overturned a publication ban that prevented the Globe from reporting on the federal government's civil action to recover money paid to a Quebec aid firm.

The Quebec courts have been directed to reconsider what Leblanc should be asked to reveal, after weighing the importance of his evidence to the civil case against the public interest in protecting sources of news stories on important public issues.

Read the Globe ruling and the earlier National Post ruling.

Read the Globe and Toronto Star reports on the ruling.

Sep 20, 2010 - Posted by Dean Jobb
Commentary
The Supreme Court of Canada’s refusal to protect the National Post’s confidential source and grant constitutional protection to all journalists’ sources is “disappointing,” writes Toronto media lawyer Brian MacLeod Rogers. But the door is open to future privilege claims and the court has clearly recognized the importance of confidential sources to investigative journalism and the public’s right to know. Read his analysis of the ruling and its implications:
Sep 20, 2010 - Posted by Dean Jobb
Commentary
Don't let the negative headlines get you down there’s good news for journalists in the the Supreme Court of Canada’s May 7 ruling in the case of the National Post, its former reporter Andrew McIntosh, and the possibly forged document at the heart of a nine-year legal battle to protect a source. Law section editor Dean Jobb reviews the ruling and what it means for journalists:
Sep 20, 2010 - Posted by Grant Buckler
The Squamish Reporter, a local news website, says it was threatened with a lawsuit and asked to reveal the source of a leaked Fire Underwriters Survey after publishing a news story about the survey.

May 18, 2010 - Posted by Dana Lacey
The Canadian Human Rights Commission has a 100 percent conviction rate for hate speech cases, and rights commissions routinely make bizarre decisions upholding, for instance, the right of fast-food workers not to wash their hands. Right? Wrong. These false claims and more have been carelessly spread by Canadian news media, writes Richard Moon, Professor of Law at the University of Windsor. Too often, he argues, journalists treat alleged facts as if they were opinions, channeling them to the audience in the name of "balance" without context or verification.
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Protecting sources