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ARTICLE · 10 JANUARY 2011

Case Law Update: "Globe and Mail v. Canada (Attorney General)"

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This decision dealt with objections raised by the Globe and Mail to orders that would have required it to reveal a journalist's confidential source. The source provided information regarding the "Sponsorship Scandal" sought by a party in a civil action that arose out of the Scandal.

CanadaLitigation, Mediation & Arbitration
Mark Edelstein
Mark Edelstein
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2010 SCC 41, Released October 22, 2010

Privilege – Journalist-Source Privilege – Publication Bans

This decision dealt with objections raised by the Globe and Mail to orders that would have required it to reveal a journalist's confidential source. The source provided information regarding the "Sponsorship Scandal" sought by a party in a civil action that arose out of the Scandal.

The Court affirmed the existence of journalist-source privilege. The applicability of the privilege to a given relationship is to be determined by the Wigmore test. The Court specifically affirmed that Wigmore could be applied under Quebec's Civil Code. The Court held that civil procedure in Quebec is not completely detached from the common law model and common law principles may play a "residual role."

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