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

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.

Keywords: Freedom of expression, Defamation, Journalist, Source privilege, Wigmore test, Church of Scientology, WIC Radio, Grant v. Torstar Corp., Cusson v. Quan, Common law, Charter, Supreme Court of Canada, public interest responsible communication

JEL Classification: K39