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[ Date›  31  / 07  / 10
Source protection: 'Disappointing' ruling has silver lining
Commentary
The Supreme Court of Canada’s refusal to protect the National Post’s confidential source and grant constitutional protection to all journalists’ sources is “disappointing,” writes Toronto media lawyer Brian MacLeod Rogers. But the door is open to future privilege claims and the court has clearly recognized the importance of confidential sources to investigative journalism and the public’s right to know. Read his analysis of the ruling and its implications:
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Blanket ban on Stafford case attacked as 'absurd'

Canada’s leading newspapers and media law experts have condemned a sweeping publication ban imposed April 30 on a hearing in the Tori Stafford murder case.  Justice Dougald McDermid of Ontario’s Superior Court of Justice prohibited the media from reporting what happened when Terri-Lynne McClintic, one of two people accused of the eight-year-old’s 2009 abduction and murder, was scheduled to appear in court in Woodstock.  The Globe and Mail ran a front-page editorial on May 1 calling the ban “absurd” and “a danger to Canadians.”  The Toronto Star said it will challenge the scope of the temporary ban and warned in an editorial that “rumour and innuendo will replace solid reporting” if it stands. Star columnist Rosie DiManno says the ban “cheats Canadians” who have a right to follow the high-profile case, and underlined her point in another column in which the banned information was blacked out. Meanwhile, Ontario’s NDP justice critic and media law experts contend the ban goes too far and flies in the face of the Charter’s guarantee of press freedom. 

 

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Court unmasks anonymous media site posters
NEWS – In what may be the first case of its kind involving comments posted to a Canadian media website, the Halifax weekly The Coast has been ordered to identify seven people who made allegedly defamatory statements tagged to a story about racism in the city’s fire department. As well, Google was ordered to identify the holder of a gmail account who circulated an email that could be defamatory. "The court doesn't condone the conduct of anonymous Internet users," a Nova Scotia Supreme Court judge ruled April 14. The Coast and Google did not oppose the motion to produce the information. Read the reports in The Globe and Mail and Halifax's Chroncile Herald. Comments»
The upside of the confidential sources ruling
Commentary
Don't let the negative headlines get you down there’s good news for journalists in the the Supreme Court of Canada’s May 7 ruling in the case of the National Post, its former reporter Andrew McIntosh, and the possibly forged document at the heart of a nine-year legal battle to protect a source. Law section editor Dean Jobb reviews the ruling and what it means for journalists:
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Sierra Club files complaint against Canwest for oil advertorials
Sierra Club Canada has filed a complaint with Advertising Standards Canada, alleging that Canwest has been running advertising for Shell Canada disguised as news content... More»
Writers join forces to fight new copyright bill
CopyrightFreelance journalists, poets, playwrights, translators and fiction and non-fiction book writers will join forces to protest Canada's new copyright legislation, which they say could be devastating to the writing trade, The Toronto Star reports...
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Libel ruling a 'blow to investigative journalism'
A libel ruling against the Times by a UK court of appeal has been called a blow to investigative journalism by media lawyers... More»
Court orders paper to name commenter
A court order from a New Brunswick judge has ordered a Moncton newspaper to reveal the identity of an anonymous commenter who made accusations of racism in against the fire department... More»  Comments (1) »
News reports did not demonstrate anti-police bias: CBSC
The Canadian Broadcast Standards Council (CBSC) has ruled against a viewer complaint that the combination of three top stories on Global BC's March 23, 2009 6 p.m. broadcast demonstrated an anti-police bias... More»
The conduct of public inquiries
Whether its about G20, Air India or Mulroney-Schreiber, good, bad or indifferent public inquiries make news and reporters are sent to cover them, Peter Rehak writes. Yet, relatively little has been written that would help a journalist deal with such an assignment. Until now, that is.  More»
Small victory for Conrad Black
Conrad BlackThe U.S. Supreme Court has sided with former newspaper magnate Conrad Black in limiting the use of a federal fraud law used by white-collar crime prosecutors... More»
Canwest reaches tentative settlement with ERDC on freelancer rights
The Electronic Rights Defence Committee (ERDC) has reached a tentative settlement with Canwest in a long-running class action that arose from unauthorized electronic use of freelance stories in The Gazette... More»
Bail ban ruling muzzles media, public’s right to know
Commentary
The Supreme Court of Canada's decision to uphold a sweeping ban on bail hearings is a loss for the public as well as for journalists, J-Source Law Editor Dean Jobb argues in a commentary in the Toronto Star. By shutting down informed debate over judges’ decisions to grant or deny bail to criminal suspects, the court has squandered an opportunity to enhance public confidence in the justice system.
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CBSC: no violation as abusive comments immediately disputed
The Canadian Broadcast Standards Council has released its decision on a listener complaint that morning radio show Kid Carson Show aired content that was discriminatory against women by interviewing the author of a book and website titled Men Are Better than Women... More»  Comments (1) »
Bail hearing ban upheld in criminal cases
News 
A sweeping publication ban will continue to be imposed on bail hearings, even when suspects won't face a jury trial. The Supreme Court of Canada has upheld a Criminal Code provision that requires judges to ban publication at the suspect's request. While the ban is designed to prevent jurors from hearing information about the suspect or the crime that might be inflammatory or inadmissible at trial, it is routinely imposed in all cases. The ban prohibits publication of all information presented at a bail hearing, including the judge's reasons for granting or denying release. The court turned down media requests to make the ban optional, and overturned a 2009 Ontario ruling that would have limited the ban to allegations of murder and other serious offences that were destined to be heard by a jury.
Read The Globe and Mail and Toronto Star reports on the ruling.
Follow the links to Toronto Star and Globe and Mail editorials criticizing the decision.
Read the court's ruling in Toronto Star Newspapers Ltd. et al. v. Her Majesty the Queen in Right of Canada et al., which challenged bans on bail hearing held in 2006 for the Toronto 18 terrorism suspects. It incorporates the court's ruling on a companion appeal, Canadian Broadcasting Corporation et al. v. Her Majesty the Queen et al., which arose from an Alberta murder case.
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