Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege
York University - Osgoode Hall Law School
July 26, 2010
Osgoode CLPE Research Paper No. 28/2010
The question this article poses is whether the common law must adopt Charter-specific doctrines or remedies when Charter values are at stake. The discussion focuses on the Supreme Court’s defamation decisions, but includes brief remarks about R. v. National Post, which considered whether the Wigmore test for a journalist-source privilege is consistent with the Charter.
Number of Pages in PDF File: 30
Keywords: Freedom of expression, Defamation, Journalist, Source privilege, Wigmore test, Church of Scientology, WIC Radio, Grant v. Torstar Corp., Cusson v. Quan, Common law, Charter, Supreme Court of Canada, public interest responsible communication
JEL Classification: K39working papers series
Date posted: July 26, 2010 ; Last revised: December 16, 2010
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