Canada: Reporters do not have 'blanket' right to protect sources: ruling

Toronto -- In a decision that the Canadian Association of Journalists called a "major setback for press freedom," the Ontario Court of Appeal ruled yesterday in a case involving the National Post that there is no "blanket" right for reporters to protect their sources.

The court ordered the National Post to turn over to the RCMP a document and envelope from a confidential source. The material was related to a series of stories published in 2001 and dubbed Shawinigate, about potential conflicts of interest involving federal grants and loans awarded in the riding of Jean Chrétien, who was then prime minister.

Douglas Kelly, Editor-in-Chief of the National Post, said the paper will study the decision carefully before deciding whether to seek leave to appeal to the Supreme Court of Canada.

"While we are obviously disappointed with this decision, it is important to point out that it does uphold some basic journalistic principles, including the importance of being able to protect the confidentiality of sources when pursuing important stories that are in the public interest," Mr. Kelly said.

"Having said that, the decision does raise serious questions about the competing interests of protecting free expression without impeding the work of law enforcement agencies," he added.

The Canadian Association of Journalists said it was "gravely dismayed by a regressive appeal court ruling."

"Today's decision is a major setback for press freedom and the public's right to know," said CAJ president Mary Agnes Welch. "It would effectively require journalists to become agents of the state, which will put a chill on whistleblowers and other people of conscience who would bring matters of profound public importance to light.

"The legal standard in Canada should allow any journalist to protect the identity of their confidential sources, period. This is woefully absent from our laws and jurisprudence, which is what can lead to rulings like this one."

The appeal court rejected arguments by Ontario government lawyers that the interests of police "must always tip the scale" against the right to protect sources, saying the decision should be made on a case-by-case basis.

The ruling is the latest round in a nearly seven-year legal battle that began when the RCMP asked the National Post to turn over the material sent by a confidential source to reporter Andrew McIntosh.

http://www.nationalpost.com/news/story.html?id=344243

Canada: Reporters do not have 'blanket' right to protect sources: ruling

Canada: Reporters do not have 'blanket' right to protect sources: ruling

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