Canada Supreme Courtroom rejects CBC’s problem in supply disclosure case – JURIST


The Supreme Courtroom of Canada declined to listen to the Canadian Broadcasting Company’s (CBC) problem Thursday in opposition to a court docket order requiring the disclosure of a supply and associated paperwork. The choice 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 in opposition to Edmundson. The allegations had been based mostly on data from two unnamed sources. Shortly after its publication, the Canadian Forces launched its personal investigation into Edmundson.

Through the investigation, an unnamed feminine X got here ahead to supply data to police. Forward of trial, Edmundson’s authorized group moved to have the CBC reveal the id of unnamed feminine X, claiming that she had given up such protections by offering comparable data to the police as was discovered within the 2021 CBC report.

The CBC, citing journalist supply privilege, contended that exposing the supply would considerably hinder investigative reporting—significantly on delicate subjects like sexual assault. However the decide disagreed. As an alternative the court docket discovered that, for the reason that data supplied to police and the CBC was so comparable, unnamed feminine X gave up such protections.

The court docket’s ruling hinged on its interpretation of part 39.1 of the Canada Evidence Act, which addresses the discharge of data that may unveil a confidential supply. The court docket concluded that the part “didn’t bar disclosure.”

The CBC appealed the choice to the Ontario Superior Courtroom of Justice. As soon as that court docket upheld the decrease court docket’s determination, the CBC appealed to the Supreme Courtroom. On Thursday, the court docket introduced its refusal to listen to the case with out offering particular causes.

The CBC has but to formally touch upon their subsequent steps, which may embody pursuing additional authorized motion or complying with the disclosure order.

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