Top court reserves decision in reporter confidentiality case
Last Updated: Friday, May 22, 2009 | 2:43 PM ET
CBC News
Related
Canada's top court has put off making a decision on whether the National Post can be compelled to reveal a confidential source, a case that could affect the future of news reporting.
Lawyers for the National Post were at the Supreme Court Friday to appeal last year's Ontario Court of Appeal ruling that ordered journalist Andrew McIntosh to hand over documents to the RCMP.
The Canadian Broadcasting Corporation and the Globe and Mail are interveners in the case, arguing that handing over the documents would harm the media's ability to do their job.
In 2001, a source sent McIntosh a brown envelope containing a copy of what appeared to be a Business Development Bank of Canada loan authorization for a hotel in former prime minister Jean Chrétien's home riding, suggesting Chrétien could be in a possible conflict of interest.
The document indicated the Grand-Mère Inn owed Chrétien's family company $23,040 in 1997, the same year he was lobbying the president of the bank to grant the loan.
BDBC officials went to the police claiming the document was a fake. The police later obtained a search warrant and assistance order for the document and the envelope to determine who sent them.
But in 2004, the Ontario Superior Court quashed the warrant and the order, citing journalist-source confidentiality as one of the reasons.
Last year, however, the Ontario Court of Appeal overturned that ruling. It ordered the National Post and McIntosh to hand over the documents, saying the need to enforce the law should outweigh the need to protect anonymous sources.
The court said police investigators need the documents for forensic testing, adding that if the documents were false, the newspaper would be shielding a potential wrongdoer from prosecution.
It's not known when the Supreme Court will make its final decision.
With files from The Canadian PressShare Tools
Top News Headlines
- Markets gain after Greece approves austerity plan
- World stock markets rise after Greece's parliament approves a new set of austerity measures that were required by international lenders in exchange for an emergency bailout. more »
- Quebec town 'heartbroken' after killing of woman, sisters
- A small Quebec town is in mourning Sunday after a Quebec man was charged with killing his nieces and his mother, who were found dead in their family home. more »
- Hit and run victim's family fears accused will walk
- The family of a young mother killed in a hit and run is outraged that the case against the alleged driver is among thousands in B.C. at risk of being thrown out because of a huge court backlog. more »
- Neil Macdonald: The death penalty debate America isn't having
- Texas's death row archive is a troubling document, not the least for what it doesn't say about those who may be wrongfully convicted, Neil Macdonald writes. more »
Latest Canada News Headlines
- Hit and run victim's family fears accused will walk
- The family of a young mother killed in a hit and run is outraged that the case against the alleged driver is among thousands in B.C. at risk of being thrown out because of a huge court backlog. more »
- Doors blocked in fatal Manitoba trailer blaze
- Four men who died in a residential trailer fire in Selkirk, Man., may not have been able to escape because both of the home's exits were blocked, says a local fire official. more »
- NDP leadership hopefuls face off in Quebec City
- Federal NDP leadership candidates argued over Canada's global standing, climate change and language during a French-only debate in Quebec City on Sunday. more »
- Manitoba man dies after falling off moving SUV
- A 23-year-old man from Elie, Man., has died from injuries he sustained after falling off the outside of a vehicle as it was driving down a highway, according to RCMP. more »
On Tonight's National
Top stories
Shafia Jury Deliberations
- Dan Halton
- The jury in the Shafia murder trial begun deliberations today. Mohammad Shafia, his wife and his son are accused of killing four of their family members. They are charged with four counts of first-degree murder and have all pleaded not guilty to the charge.
Watch the Best of the Show
- Get Connected
- Syria cracks down on protesters, one day before an Arab League delegation arrives.
Stay Connected
- Carolyn Dunn
- An English soccer captain is facing racial abuse charges after an on-field exchange with another player.
The Current
- Panda Diplomacy Feb. 10, 2012 2:43 PM Zoos in Canada are getting ready to welcome two giant pandas despite concerns about whether this will actually generate revenue and awareness about conservation.
- Adele wins best album, best record Grammys
- Houston autopsy results withheld by police
- Quebec town 'heartbroken' after killing of woman, sisters
- Greece passes new austerity deal amid rioting
- Pop queen Whitney Houston dies at 48
- Northern lights viewed from space
- Manitoba man dies after falling off moving SUV
- Doors blocked in fatal Manitoba trailer blaze
- Former Stanley Park petting zoo goats feared slaughtered

