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UPDATE - CANADA
21 June 2007
Government appeals court decision quashing search warrant to uncover
whistleblower; tribunal refuses to force journalist to reveal sources
SOURCE: Canadian Journalists for Free Expression (CJFE), Toronto
**Updates IFEX alert on the Gagnon case of 19 June 2007; updates alert on
the "National Post" case of 7 October 2002; for further information on the
Dunphy case, see alert of 25 January 2006; on the Peters case, see alerts
of 8 December and 25 November 2004**
(CJFE/IFEX) - The following is a 20 June 2007 CJFE press release:
CJFE Celebrates Quebec Decision in Favour of Protection Sources
(Toronto, June 20, 2007) Canadian Journalists for Free Expression (CJFE)
commends the Quebec Labour Relations Board's decision to refuse to force
Quebec journalist Karine Gagnon to reveal confidential sources in a hearing
yesterday.
Last November, Gagnon, of Le Journal de Québec, wrote a report about the
potential health threat of asbestos in government buildings. Immediately
after it was published, a source whom she had cited in the report was fired
from the Société immobilière du Québec (SIQ). He is challenging his
dismissal at the administrative tribunal. Gagnon found herself drawn into
the legal battle when lawyers for the SIQ demanded that she hand over all
of her research materials for the report, including notes and recordings,
as well as reveal the identities of all confidential interviewees.
"This is great news for journalists," said CJFE President Arnold Amber. "It
is a further example of how Canadian society and adjudication tribunals are
ruling in favour of reporters' rights to keep their confidential sources,
confidential. This is the first time that this has occurred at a Canadian
Labour Board, but it sets a good precedent which only adds to similar
rulings in other courts."
Last year, journalist Bill Dunphy of The Hamilton Spectator was served with
a production order to hand over his interviews with the head of a crime
family, but also succeeded in having it quashed in court. The court ruled
that police had not proven that Dunphy's material would provide any fresh
evidence for their investigation and they had not made all reasonable
efforts to obtain information from the subject himself. In essence, the
needs of the investigation and value of the evidence did not outweigh the
infringement on the special role of the media.
On the other side of the debate are lawyers for the Crown who are currently
appealing the January 2004 decision by Superior Court Justice Mary Lou
Benotto in the National Post case. Her decision quashed an RCMP search
warrant and "assistance order" used to try to find out who leaked material
to the National Post in April 2001. CJFE will be monitoring this case
closely. If the Crown wins it would be a large step backwards for
journalists in this area of the law.
Canadian Journalists for Free Expression (CJFE) is an association of more
than 300 journalists, editors, publishers, producers, students and others
who work to promote and defend free expression and press freedom in Canada
and around the world.
For further information, contact Julie Payne, CJFE Manager, tel: +1 416
515-9622 (x226), or the CJFE, 555 Richmond Street West, Suite 1101, P.O.B.
407, Toronto, Ontario M5V 3B1 Canada, tel: +1 416 515 9622, fax: +1 416 515
7879, e-mail: cjfe@cjfe.org, Internet: http://www.cjfe.org
The information contained in this update is the sole responsibility of
CJFE. In citing this material for broadcast or publication, please credit
CJFE.
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DISTRIBUTED BY THE INTERNATIONAL FREEDOM OF EXPRESSION
EXCHANGE (IFEX) CLEARING HOUSE
555 Richmond St. West, # 1101, PO Box 407
Toronto, Ontario, Canada M5V 3B1
tel: +1 416 515 9622, fax: +1 416 515 7879 alerts e-mail: alerts@ifex.org
general e-mail: ifex@ifex.org, Internet site: http://www.ifex.org/
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