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The Supreme Court of Canada declined to hear the Canadian Broadcasting Corporation’s (CBC) challenge Thursday against a court order requiring the disclosure of a source and related documents. The decision stems from a sexual misconduct case involving Vice-Admiral Haydn Edmundson of Canada’s Armed Forces.
The case originates from a 2021 CBC report on sexual assault allegations against Edmundson. The allegations were based on information from two unnamed sources. Shortly after its publication, the Canadian Forces launched its own investigation into Edmundson.
During the investigation, an unnamed female X came forward to provide information to police. Ahead of trial, Edmundson’s legal team moved to have the CBC reveal the identity of unnamed female X, claiming that she had given up such protections by providing similar information to the police as was found in the 2021 CBC report.
The CBC, citing journalist source privilege, contended that exposing the source would significantly hinder investigative reporting—particularly on sensitive topics like sexual assault. But the judge disagreed. Instead the court found that, since the information provided to police and the CBC was so similar, unnamed female X gave up such protections.
The court’s ruling hinged on its interpretation of section 39.1 of the Canada Evidence Act, which addresses the release of information that might unveil a confidential source. The court concluded that the section “did not bar disclosure.”
The CBC appealed the decision to the Ontario Superior Court of Justice. Once that court upheld the lower court’s decision, the CBC appealed to the Supreme Court. On Thursday, the court announced its refusal to hear the case without providing specific reasons.
The CBC has yet to officially comment on their next steps, which could include pursuing further legal action or complying with the disclosure order.
The post Canada Supreme Court rejects CBC’s challenge in source disclosure case appeared first on JURIST - News.
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The case originates from a 2021 CBC report on sexual assault allegations against Edmundson. The allegations were based on information from two unnamed sources. Shortly after its publication, the Canadian Forces launched its own investigation into Edmundson.
During the investigation, an unnamed female X came forward to provide information to police. Ahead of trial, Edmundson’s legal team moved to have the CBC reveal the identity of unnamed female X, claiming that she had given up such protections by providing similar information to the police as was found in the 2021 CBC report.
The CBC, citing journalist source privilege, contended that exposing the source would significantly hinder investigative reporting—particularly on sensitive topics like sexual assault. But the judge disagreed. Instead the court found that, since the information provided to police and the CBC was so similar, unnamed female X gave up such protections.
The court’s ruling hinged on its interpretation of section 39.1 of the Canada Evidence Act, which addresses the release of information that might unveil a confidential source. The court concluded that the section “did not bar disclosure.”
The CBC appealed the decision to the Ontario Superior Court of Justice. Once that court upheld the lower court’s decision, the CBC appealed to the Supreme Court. On Thursday, the court announced its refusal to hear the case without providing specific reasons.
The CBC has yet to officially comment on their next steps, which could include pursuing further legal action or complying with the disclosure order.
The post Canada Supreme Court rejects CBC’s challenge in source disclosure case appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.