Appeal to the Supreme Court of Canada of the first decision applying the new Canadian regime of protection of journalistic sources. This is the first or one of the first occurences of a journalist being asked to testify on the identity of her confidential sources. Fasken was retained by CBC to represent the journalist in her objection to testify. Fasken brings forward a case for a strong protection of confidential sources in Canada, them being an essential element of our democracy and the basis for fundamental rights such as freedom of expression, freedom of the press, and the public's right to information.
The Supreme Court heard the case on May 16, 2019 and rendered a decision on September 27, 2019, maintaining confidentiality of the source. Novel facts had arisen between the Supreme Court authorization and the hearing, were to continue arising until an undefined date, and such facts might prove to be relevant in the application of the test. The case was consequently sent back to the first instance judge with guidance in the application of the new regime. This decision has a positive impact on all Canadian medias and on investigative journalism throughout Canada.
Following this decision, Canada has moved from 18th to 16th place in the Reporters Without Borders’ WorldPress Freedom Index. Reporters Without Borders specify this matter is directly linked with their decision to move Canada forward in the index.
A Fasken team composed of Christian Leblanc and Patricia Hénault represented CBC in connection with this matter.
