Research Paper Number

28/2010

Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege

Authors

Jamie Cameron, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

2010

Keywords

charter; Church of Scientology; Common law; Cusson v. Quan; Defamation; Freedom of Expression; Grant v. Torstar Corp.; Journalist; public interest responsible communication; Source privilege; Supreme Court of Canada; WIC Radio; Wigmore test

Abstract

The question this article poses is whether the common law must adopt Charter-specific doctrines or remedies when Charter values are at stake. The discussion focuses on the Supreme Court’s defamation decisions, but includes brief remarks about R. v. National Post, which considered whether the Wigmore test for a journalist-source privilege is consistent with the Charter.

Recommended Citation

Cameron, Jamie, "Does Section 2(B) Really Make a Difference? Part 1: Freedom of Expression, Defamation Law, and the Journalist-Source Privilege" (2010). Comparative Research in Law & Political Economy. Research Paper No. 28/2010.
https://digitalcommons.osgoode.yorku.ca/clpe/95