Despite the important role that the media plays in a democracy, Canada has long lagged behind other jurisdictions when it came to source protection. When law enforcement sought an order under the Criminal Code or compelled disclosure was sought through civil discovery, the courts were forced to resort to common law principles.
With the passing of Bill S-231 -An Act to amend the Canada Evidence Act and the Criminal Code in 2017, Canada formalized these protections through the Journalistic Sources Protection Act.
Some of the main features of the Act include a broad definition of a journalist. The Court . . . [more]