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Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege

30 Pages Posted: 26 Jul 2010 Last revised: 22 Oct 2014

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: July 26, 2010

Abstract

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.

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: K39

Suggested Citation

Cameron, Jamie, Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege (July 26, 2010). Osgoode CLPE Research Paper No. 28/2010. Available at SSRN: https://ssrn.com/abstract=1649060 or http://dx.doi.org/10.2139/ssrn.1649060

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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