Canadian media hails SC’s historic ruling

Canadian journalists have welcomed a historic ruling from the country’s Supreme Court setting aside an earlier decision by a provincial court that would have compelled an investigative journalist to reveal her sources over news reports relating to bribery and fraud involving politicians.

The ruling was made in the case of Radio-Canada journalist Marie-Maude Denis who was ordered by a superior court in the province of Quebec to reveal her source for a report on corruption. The identity of the source was sought by a former provincial cabinet minister Marc-Yvan Côté who claimed that his right to a fair trial was being hampered.

A lower court in Quebec had dismissed the motion but that was overruled by the higher provincial court leading the journalist to approach the country’s Supreme Court.

Karyn Pugliese, president of the Canadian Association of Journalists (CAJ), said, “The decision recognised the important role the media serves in preserving a free and democratic society, and the necessity of protecting confidential sources, which is very positive.”

The CAJ pointed out that this was the first time that the Canadian legislation, the Journalistic Sources Protection Act (JSPA), was tested in court since its enactment two years earlier.

The Supreme Court judgment noted that having journalists reveal their sources should be the last resort, and Chief Justice Richard Wagner, in a written ruling, stated, “Without whistleblowers and other anonymous sources, it would be very difficult for journalists to perform their important mission.”

While setting aside the disclosure order, the top court asked the Quebec court to reconsider the case taking into account fresh evidence in the case.

“We hope that the jurisprudence of the Supreme Court in its decision will guide the lower court in its next decision on this case and this matter can finally be closed,” Pugliese said.

Denis was hopeful of a positive outcome. The host of the programme Enquete on the Frenchlanguage broadcaster said the apex court’s interpretation of the JSPA meant the onus had been shifted from the “journalist’s shoulder” to the party that wants to force disclosure of the identity of a confidential source.

While the trial returns to Quebec, Denis said “there’s going be a steep hill with that decision of the Supreme Court to prove that it’s in the higher public interest to have me testify about my sources than not”.