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ARTICLE · 18 OCTOBER 2019

Significant New Statutory Protections For Journalistic Sources Affirmed By The Supreme Court Of Canada

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The Supreme Court of Canada (SCC) has given effect to important new protections for journalistic source information in Denis v. Côté, 2019 SCC 44,...

CanadaLitigation, Mediation & Arbitration
Christopher Bredt
Christopher Bredt
Pierre Gemson
Pierre Gemson
Veronica Sjolin
Veronica Sjolin
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The Supreme Court of Canada (SCC) has given effect to important new protections for journalistic source information in Denis v. Côté, 2019 SCC 44, its first case interpreting the Journalistic Sources Protection Act (JSPA). Enacted in 2017, the JSPA amended the Criminal Code and the Canada Evidence Act (CEA) to augment the journalist-source privilege recognized at common law with new statutory protections for journalists and their confidential sources. The SCC's decision confirms that the new statutory scheme altered the journalist-source privilege available at common law by creating a new presumption against disclosure and reallocating the burden of establishing that disclosure of journalistic source information is in the public interest to the party seeking disclosure.

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