Of Scandals, Sources, and Secrets: Investigative Reporting, National Post and Globe and Mail

54 Pages Posted: 6 Jul 2011

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Multiple version iconThere are 2 versions of this paper

Date Written: July 4, 2011

Abstract

Twice in 2010 the Supreme Court of Canada considered the status of confidential newsgathering sources. Each case arose from investigative reporting which exposed ethical breaches and wrongdoing at the highest levels of federal government. Rather than constitutionalize the journalist-source relationship as an element of newsgathering under s.2(b) of the Charter, the Court re-affirmed the common law Wigmore test for privilege. After rejecting the claim of privilege in National Post, the Court adopted a more source-protective approach in Globe and Mail. The Court’s lack of initiative points to the need for policy debate, leading to statutory protection for confidential newsgathering sources.

Keywords: confidential newsgathering, investigative reporting, ethics and reporting, constitution journalism, relationship of constitution and journalism, statute and newsgathering, s.(2)b charter and journalism, expression and journalism, Wigmore privlege test, privilege claim National post,

Suggested Citation

Cameron, Jamie, Of Scandals, Sources, and Secrets: Investigative Reporting, National Post and Globe and Mail (July 4, 2011). Available at SSRN: https://ssrn.com/abstract=1878660 or http://dx.doi.org/10.2139/ssrn.1878660

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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