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The Supreme Court ruled on Friday that journalists do not have the constitutional right to protect the identity of their sources. The judgment means the question of whether a reporter must reveal their sources should be decided on a case-by-case basis. At issue were a series of articles written in 2001 by Andrew McIntosh of the National Post newspaper. The pieces claimed that prime-minster, Jean Chrétien, had intervened on behalf of a constituent who was seeking a loan from a government-owned development bank. The bank claimed that documents which McIntosh used in support of his allegations were in fact forgeries, and a search warrant was issued to seize copies. The court found that the warrant was justified, because the accusations of forgery were “of sufficient seriousness to justify the decision of the police to investigate”.
The Canadian Supreme Court ruled on 23 December to strengthen the public interest defence in libel cases. The chief justice stated that the law as it stood did not “give adequate weight” to free expression. The court also moved to change the wording of the defence of “responsible journalism” to “responsible communication”, which potentially allows the law to cover new media such as blogs. The decision followed high profile libel cases involving two newspapers, the Star and the Ottawa Citizen.
The Telegraph-Journal of Saint John newspaper has issued a front-page apology to the Canadian prime minister Stephen Harper for its earlier story suggesting he slipped a communion wafer into his jacket pocket during a Catholic funeral mass. The publisher and editor are no longer with the paper after it was forced to apologise. Read more here
The PEN American Center is part of International PEN. It is an association of writers working to advance literature, defend free expression, and foster international literary fellowship.