Toronto (June 11, 2008) — An Ontario judge has released a videotape of a statement convicted murderer Paul Bernado gave to police in 2007 denying involvement in the murder of Elizabeth Bain — a crime for which Robert Baltovich was wrongly convicted and served nine years in prison. The video was an exhibit at Baltovich’s…
NewsA group of Nova Scotia media outlets has successfully challenged a ruling that allowed a young man convicted of murdering a cab driver to have his identity shielded pending an appeal of his conviction. The ruling means offenders who are under the age of 18 but sentenced as adults are not entitled to a ban…
CommentaryOntario’s highest court has endorsed the British libel defence of “responsible journalism.” The Toronto Star has been quick to take advantage of the new defence and the Supreme Court of Canada is poised to decide whether it will become the law of the land. J-Source media law editor Dean Jobb takes a look at the…
NewsToronto (March 18, 2008) — Courts should be extremely cautious about using their contempt powers against journalists who refuse to identify a confidential source, the Ontario Court of Appeal said yesterday in setting aside a trial judge’s hefty sanctions against a Hamilton Spectator reporter. Toronto Star legal affairs reporter Tracey Tyler reports.Read the ruling.Read the…
CommentaryA pair of Ontario court rulings recognize that a journalist may need to promise confidentiality to protect a source. But that may not be enough to stop the police and judges from demanding names if push comes to shove. J-Source media law editor Dean Jobb looks for lessons in the National Post and Hamilton Spectator rulings.
NewsOntario’s highest court has overturned a ruling — the first of its kind in Canada — that granted a journalist the right to protect a confidential source. The Feb. 29, 2008 judgment of the province’s Court of Appeal authorizes the seizure of a loan document the National Post used as part of its “Shawinigate” investigation…
NewsThe Canadian Association of Journalists is speaking out against court rulings that could compel journalists in Quebec and Ontario to reveal their sources. On Jan. 22, 2008 a federal court judge ordered two La Presse reporters to reveal the source of a document leaked about a suspect being held on a security certificate. CAJ president…
CommentaryEzra Levant of the now-defunct Western Standard and Maclean’s columnist Mark Steyn have been hauled before Canadian human rights commissions. The issue, Halifax journalism professor Kelly Toughill writes in her Jan. 26, 2008 column in the Toronto Star, is not whether Levant should have published controversial cartoons about Muhammad, or whether Maclean’s has been fair…
CommentaryDean Jobb says it’s time judges and legislators admitted some inconvenient truths about publication bans: there’s little evidence that pre-trial reporting influences verdicts; jury trials have become less common in criminal cases, even for serious offences like murder; and the outdated “you-can’t-handle-the-truth” approach undermines public confidence in the justice system. A sheriff posts a notice…
Ontario’s highest court has recognized “responsible journalism” as a defence to libel actions in a ruling that promises to set a precedent across the country. J-Source Law Editor Dean Jobb reviews the case and provides background info and additional resources.