In Denis v. Cote, the Supreme Court considered Canada’s new journalist shield law, the Journalist Sources Protection Act (JSPA). The JSPA, which amends both the Canada Evidence Act and the Criminal Code, altered the common law on protections afforded to the confidential sources and notes of journalists.
The common law regime balances two competing public interests in deciding whether names or notes must be disclosed to police or civil plaintiffs. In the criminal context, there is the public interest in the detection and prosecution of crimes (law enforcement), to which journalist notes and sources are . . . [more]