30 Pages Posted: 26 Jul 2010 Last revised: 22 Oct 2014
Date Written: July 26, 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.
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: 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